Title
Ordinance to Amend and Re-Enact the Zoning Ordinance of the City of Hampton, Virginia by Creating Section 1-38, “Nonprofit Affordable Housing Developments,” and Amending Section 2-2, “Definitions,” to Establish Standards and Definitions Applicable to Nonprofit Affordable Housing Developments
Purpose
Background Statement:
The purpose of these amendments is to establish regulations for nonprofit affordable housing developments in accordance with House Bill 1279 and Senate Bill 388, adopted by the 2026 Virginia General Assembly. The legislation establishes a by-right approval process for qualifying affordable residential and mixed-use developments on property owned by qualifying tax-exempt religious and nonprofit organizations. Eligibility requirements include continuous ownership for at least five (5) years, at least 60 percent affordable dwelling units, and preservation of affordability for at least thirty (30) years. Affordable rental units must serve residents earning no more than 80 percent of area median income, and affordable for-sale units must serve purchasers earning no more than 120 percent of area median income. The state provisions take effect January 1, 2027, and expire January 1, 2031.
Currently, Hampton’s Zoning Ordinance regulates residential and mixed-use development through the use permissions, development standards, parking requirements, and approval procedures applicable to each zoning district. It does not contain definitions or a dedicated set of standards for nonprofit affordable housing developments. Section 1-38 is currently reserved.
The proposed amendments add definitions for nonprofit affordable housing developments and qualifying tax-exempt organizations to Section 2-2 and establish eligibility, affordability, and development standards in Section 1-38. The standards address permitted housing types, height, setbacks, density, parking, and accessory nonresidential uses, and remove floor-area-ratio, minimum-unit-size, and minimum...
Click here for full text