Title
Ordinance to Amend and Re-Enact the Zoning Ordinance of the City of Hampton, Virginia by Amending Section 3-2, “Table of Permitted Uses,” Section 3-3, “Additional Standards on Uses,” and Section 12-6, “Nonconforming Manufactured Home,” to Address Changes in State Law
Purpose
Background Statement:
The purpose of this amendment is to update Hampton’s manufactured housing regulations to comply with House Bill 655 and House Bill 1463, adopted by the 2026 Virginia General Assembly and effective July 1, 2026. House Bill 655 requires localities to permit qualifying manufactured homes on individual lots wherever single-family site-built dwellings are permitted, without imposing more restrictive requirements. House Bill 1463 addresses placement of manufactured homes on open lots in legally nonconforming manufactured-home parks and protects the nonconforming status of existing manufactured homes outside parks regardless of occupancy during the preceding two (2) years.
Currently, Hampton’s Zoning Ordinance permits individual manufactured homes in the Rural Residential (R-R) District, subject to a minimum width of nineteen feet and attachment to a permanent foundation under Section 3-3(3). Manufactured-home parks are regulated separately and permitted in designated zoning districts. Section 12-6 provides for replacement of nonconforming manufactured homes with comparable homes within parks and newer homes outside parks, subject to current U.S. Department of Housing and Urban Development (HUD) manufactured housing standards.
The proposed amendment allows qualifying manufactured homes on individual lots wherever single-family site-built dwellings are permitted, subject to conversion to real property, issuance of a certificate of occupancy within five (5) years of the manufacture date, and the applicable district’s permitting process and standards, except standards that would exclude qualifying manufactured homes. It removes the R-R minimum-width and permanent-foundation zoning requirements while retaining applicable installation and other code requirements. The amendment also permits placement of homes meeting current HUD standards on previously established open lots in legally nonconforming manufactured-home parks, regardless of whether a home is currently present, and preserves the nonconforming status of existing homes outside parks regardless of occupancy during the preceding two (2) years. Applicable replacement limitations remain, and the amendment does not expand the zoning districts where manufactured-home parks are permitted.
Recommendations:
Rec
Staff Recommendation:
Approve
Body
Ordinance To Amend And Re-Enact The Zoning Ordinance Of The City Of Hampton, Virginia By Amending Section 3-3, “Additional Standards on Uses,” To Amend Requirements Applicable to Certain Manufactured Homes.
WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require;
BE IT ORDAINED by the City Council of the City of Hampton, Virginia that Section 3-2 and Section 3-3 of the Zoning Ordinance of the City of Hampton, Virginia be amended to read as follows:
CHAPTER 3 - USES PERMITTED.
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Section 3-2. - Table of Permitted Uses.
(a) Table of Uses Permitted in Standard Zoning Districts.
The attached Table, entitled, "Table of Uses Standard" is hereby declared to be a part of this ordinance as if fully set forth herein.
(b) Table of Uses Permitted in Special Zoning Districts.
The attached Table, entitled, "Table of Uses Special" is hereby declared to be a part of this ordinance as if fully set forth herein.
...
Section 3-3. - Additional Standards on Uses.
The following uses have additional standards:
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(3) Manufactured home.
(a) A manufactured home may be placed on any parcel where a single-family site-built dwelling is allowed, provided the manufactured home is:
(i) converted to real property in accordance with Section 46.2-653.1 of the Code of Virginia, as amended;
(ii) constructed such that the certificate of occupancy is issued within five years after the date of manufacture listed on the home’s data plate; and
(iii) placed on an individual lot.
(b) Any manufactured home described in subsection (a) above may be permitted in the same manner as single-family site-built dwellings are permitted in the applicable zoning district, and subject to the same standards and regulations applicable to single-family site-built homes in that district, except that no such standard or regulation which would have the effect of excluding a manufactured home built in compliance with the Virginia Manufactured Housing Construction and Safety Standards Law, Section 36-85.2 of the Code of Virginia, et seq., as amended, may be enforced against such manufactured home. No other provision of this ordinance governing the placement of manufactured homes may be construed to apply to a manufactured home described in subsection (a) above.
Ordinance To Amend And Re-Enact The Zoning Ordinance Of The City Of Hampton, Virginia By Amending Chapter 12, Section 12-6, “Nonconforming Manufactured Home,” To Address Changes in State Law.
WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require;
BE IT ORDAINED by the City Council of the City of Hampton, Virginia that Section 12-6 of the Zoning Ordinance of the City of Hampton, Virginia be amended to read as follows:
CHAPTER 12 - NONCONFORMITIES.
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Section 12-6. - Nonconforming manufactured home.
Nothing in this chapter shall be construed to prevent the land owner or home owner from removing a legally nonconforming manufactured home from a mobile or manufactured home park and replacing that home with another comparable manufactured home that meets the current HUD manufactured housing code. In such mobile or manufactured home park, a single-section home may replace a single-section home and a multi-section home may replace a multi-section home.
In any legally nonconforming mobile or manufactured home park, a landowner or homeowner may place a manufactured home that meets the current HUD manufactured housing code on any open lot, irrespective of whether a valid nonconforming manufactured home is currently placed on that lot.
The owner of a legally nonconforming mobile or manufactured home not located in a mobile or manufactured home park may replace that home with a newer manufactured home, either single- or multi-section, that meets the current HUD manufactured housing code. Any such replacement home shall retain the valid nonconforming status of the prior home. Any existing mobile home or manufactured home not located in a mobile or manufactured home park may be considered legally nonconforming regardless of whether such home has been occupied during the preceding two-year period.