Title
Resolution Initiating Amendments to the Zoning Ordinance Regarding Procedures for Revocation of Certain Zoning Administrator Permits and Appeal Thereof
Purpose
Background Statement:
The Hampton City Zoning Ordinance establishes procedures for the issuance and revocation of Zoning Administrator Permits, or ZAPs, including permits authorizing the operation of short-term rentals. Under the current provisions of Zoning Ordinance Section 3-3(29)(d), an operator may appeal the revocation of a short-term rental ZAP through the procedure specified in that section.
The proposed amendment would streamline and clarify the appeal process by providing that an appeal of the revocation of a short-term rental ZAP be heard by the Board of Zoning Appeals.
In addition, Zoning Ordinance Section 1-10(8) currently prohibits the issuance of a new ZAP for the same use on a property for six months following the revocation of a ZAP. The proposed amendment would revise this restriction so that it applies specifically to the holder of the revoked permit, rather than to the property itself. Under the proposed framework, the former permit holder would be prohibited from seeking a new ZAP for the same use at the same property for one year following the revocation. A subsequent property owner or other qualified applicant would not be prevented from applying for a new permit solely because a prior operator’s permit had been revoked.
This change is intended to strengthen accountability for permit holders whose ZAPs are revoked while allowing properties to return to productive and lawful use under a new owner or operator. The resolution formally initiates the zoning ordinance amendment process and directs staff to prepare the necessary ordinance language for consideration through public hearings before the Planning Commission and City Council.
Body
WHEREAS, Hampton City Zoning Ordinance Section 3-3(29)(d) identifies the process by which the operator of a short-term ("STR") may appeal the revocation of the Zoning Administrator Permit ("ZAP") permitting such use; and
WHEREAS, a Zoning Ordinance amendment to provide that appeal of a ZAP for an STR be head by the Board of Zoning Appeals will streamline the appeal procedure; and
WHEREAS, Zoning Ordinance Section 1-10(8) prohibits any ZAP from being issued for a period of six months on a property where a ZAP for the same use was revoked; and
WHEREAS, a Zoning Ordinance amendment providing that only the holder of a previously revoked ZAP is prohibited from seeking a new ZAP for the same use and at the same property as the revoked ZAP for one year after such revocation will encourage productive use of property in the City; and
WHEREAS, City Council has determined that initiation and consideration of a Zoning Ordinance amendment to update ZAP revocation and procedures is 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 15.2-2286(A)(&), Hampton City Council formally initiates proposed amendments to the Hampton Zoning Ordinance, specifically amendments providing that the holders of a revoked ZAP for an STR may appeal the revocation to the Board of Zoning Appeals; and that the prior holder of a revoked ZAP is prohibited form seeking a new ZAP for the same use at the same property of one year after such revocation, along with other reasonably related amendments identified by the Director of Community Development or resulting from the Planning Commission and City Council public hearing processes.
3. The Community Development Department and other appropriate staff are directed to prepare draft text for the proposed amendment and to take all steps necessary and proper to present the amendment for public hearing before the Planning Commission and City Council, in accordance with applicable law.
Recommendation:
Staff recommends approval