Title
Ordinance To Amend And Re-Enact The Zoning Ordinance Of The City Of Hampton, Virginia By Amending Section 2-2 Entitled, “Definitions” To Add A Definition of “Accessory Dwelling Unit (ADU)” and to amend the definition of “Dwelling Area”.
Purpose
Background Statement:
The proposed amendment adds a definition for “Accessory Dwelling Unit (ADU)” and revises the existing definition of “Dwelling Area.” While the current zoning ordinance defines “Accessory Dwelling,” this amendment expands and modernizes that definition by incorporating commonly recognized terminology such as “ADU.” The proposed language emphasizes the subordinate nature of ADUs to the principal dwelling and acknowledges the various forms ADUs may take, including internal, attached, or detached units.
The amendment to the definition of “Dwelling Area” addresses limitations in the current language, which does not clearly specify which portions of a structure are included in the calculation of dwelling area. The revision aligns the definition with established terminology and standards contained within the Virginia Uniform Statewide Building Code (USBC).
This amendment is being advanced in coordination with related Zoning Ordinance Amendments:
ZOA 25-0018: Establishing regulations and standards for ADUs (Chapter 1).
ZOA 25-0268: Eliminating permitted additional standards and uses in the R-R District and adding minimum dwelling area requirements for all principal dwellings in One- and Two-Family (R) Districts (Chapter 4).
ZOA 25-0269: Amending parking requirements for ADUs in all One- and Two-Family Residential Districts (Chapter 11).
In summary, staff recommends adoption of the proposed amendment to create a definition for “Accessory Dwelling Unit” and to amend the definition of “Dwelling Area”.
Recommendations:
Rec
Staff Recommendation:
Approve
Body
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 2-2 of the Zoning Ordinance of the City of Hampton, Virginia be amended to read as follows:
CHAPTER 2 - DEFINITIONS
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Section 2-2. - Definitions.
Accessory dwelling unit (ADU). A secondary dwelling unit established in conjunction with and clearly subordinate to a principal dwelling unit, whether part of the same structure as the principal dwelling unit (thereafter a “attached ADU”), or as a detached structure on the same lot, which has a separate kitchen, bathroom, and sleeping area (thereafter, a “detached ADU”).
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Dwelling area. The gross finished floor area of dwelling unit. This term shall include living rooms, bedrooms, kitchens, bathrooms, and finished attics, basements, or additional finished storage areas, but excludes unfinished basements, mechanical rooms, screened porches or decks, and unconditioned storage areas.