Title
Resolution of Hampton City Council Initiating Certain Amendments to the Hampton City Zoning Ordinance
Purpose
PURPOSE/BACKGROUND:
In recent years, the General Assembly has considered legislation that would require localities to include accessory dwelling units as a permitted accessory use in single family residential zoning districts; although such bills have not passed, members of the General Assembly have expressed desire for localities to adopt such measures in their zoning ordinances. City Council also received a briefing during the Work Session on May 28, 2025 regarding options on a community meeting policy and have expressed a desire to move forward with a zoning ordinance for that purpose. A third zoning ordinance amendment is also necessary to address and incorporate recent amendments to the Chesapeake Bay Preservation Act and the State Water Control Board regulations.
Discussion:
See Purpose/Background above.
Impact:
See Purpose/Background above.
Recommendation:
Rec
Pass the Resolution.
Body
WHEREAS, in recent years, the General Assembly has considered legislation that would require localities to include accessory dwelling units as a permitted accessory use in single family residential zoning districts; although such bills have not passed, members of the General Assembly have expressed desire for localities to adopt such measures in their zoning ordinances;
WHEREAS, the Community Development Department convened a stakeholder group to solicit input regarding a possible accessory dwelling unit ordinance (ADU Ordinance) for the City of Hampton; staff developed a set of recommendations based on the stakeholder input and presented those recommendations to City Council during the August 13, 2025, City Council Work Session;
WHEREAS, during City Council’s May 28, 2025, Work Session, Community Development Department and City Attorney’s Office staff presented options for a possible Zoning Ordinance amendment to implement a community meeting requirement for rezoning and special use permit applications (Community Meeting Ordinance); the goal of such a requirement would be to increase public participation and input regarding legislative land use applications; members of City Council provided feedback regarding their preferences for a proposed community meeting requirement during the work session;
WHEREAS, due to recent amendments to the Chesapeake Bay Preservation Act and the State Water Control Board regulations, the city is required to amend its Chesapeake Bay Preservation Overlay zoning regulations (i) to protect mature trees during development in resource protection areas, intensely developed areas, and resource management areas and (ii) to require the assessment of the impacts of sea level rise and storm surge on development within the resource protection areas and intensely developed areas (Chesapeake Bay Amendments); the current state-mandated deadline for such amendments has been identified as October 31, 2025; and
WHEREAS, City Council has determined that initiation and consideration of an ADU Ordinance, a Community Meeting Ordinance and Chesapeake Bay Amendments are required by the public necessity, convenience, general welfare and good zoning practice, as more particularly described above.
NOW, THEREFORE, BE IT RESOLVED BY HAMPTON CITY COUNCIL AS FOLLOWS:
1. The foregoing recitals are incorporated by reference herein.
2. Pursuant to Virginia Code Section 15.2-2286(A)(7), Hampton City Council formally initiates proposed amendments to the Hampton Zoning Ordinance, specifically a proposed ADU Ordinance, a proposed Community Meeting Ordinance and proposed Chesapeake Bay Amendments, all as described above.
3. Community Development Department and other appropriate staff are directed to prepare draft text for each proposed ordinance or amendment and to take all steps necessary and proper to present each ordinance or amendment for public hearing before the Planning Commission and City Council, in accordance with applicable law.