Title
Ordinance to Amend and Re-Enact the Zoning Ordinance of the City Of Hampton, Virginia by Amending Chapter 2, Section 2-2 Entitled “Definitions” to Add a Definition of “Short-Term Rental” and Amend the Definitions for “Bed and Breakfast 1” and “Bed and Breakfast 2”
Purpose
Background Statement:
This amendment would add a definition of short-term rental and amend the existing definitions for “bed and breakfast 1” and “bed and breakfast 2”. The General Assembly is expected to consider legislation in the next session, which may truncate localities’ ability to regulate short-term rentals as a land use, especially if a locality does not have regulations adopted prior to the possible State legislation taking affect. Given the circumstance, staff recommends clarifying how the City regulates short-term rentals prior to the State action.
Currently, short-term rentals in the City of Hampton are regulated by a Zoning Administrator interpretation, which treats short-term rentals as an accessory use to single family residential. Any operations that exceeds being accessory to a single-family residence is treated as a bed and breakfast.
The proposed definition change would narrow the definition for bed and breakfast to places providing room and board, while a new definition is proposed for short-term rental. The new definition would supersede the existing Zoning Administrator interpretation.
The proposed definition of short-term rental aligns in large part with the State code, with a minor deviation to utilize term “transient”, which is defined and used elsewhere in the City of Hampton’s Zoning Ordinance, and to clarify what operations do not qualify as a short-term rental. The definition would make clear that it is not to include hotel, another defined term in the ordinance, or bed and breakfasts. Short-term rentals which were only a portion of the home while the owner was also staying there, frequently referred to as “homestays”, and also whole home rentals, fr...
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