Because Hampton has no by-right ADU ordinance in effect, owner-occupancy is governed case-by-case through rezoning or special exception conditions imposed by the Planning Commission and City Council. The Virginia Code section 15.2-2292.1 program for Temporary Family Health Care Structures expressly requires the caregiver-occupant relationship. The City's November 12, 2025 Council-approved ADU recommendation is still pending final adoption, so owner-occupancy provisions in the new ordinance are not yet codified.
The Hampton Zoning Ordinance treats accessory uses as subordinate to the principal single-family dwelling, and the City Council and Planning Commission have broad discretion over conditions of approval under Virginia Code section 15.2-2280. The Virginia state framework for Temporary Family Health Care Structures, codified at Virginia Code section 15.2-2292.1, requires the property to be owned or occupied by the adult who provides the care, effectively imposing an owner- or caregiver-occupancy requirement. Where a Hampton property owner seeks an accessory dwelling through rezoning or special exception, owner-occupancy conditions and family-relationship limits are commonly imposed through the staff report and City Council conditions. Unlike Arizona under HB 2720 or California under SB 9 and AB 1033, Virginia has not adopted statewide preemption removing owner-occupancy from local ADU ordinances; the General Assembly's 2024 SB 304 (HB 994) study legislation directed continued local discretion. Hampton's pending ADU ordinance, approved as a recommendation by City Council on November 12, 2025, may include explicit owner-occupancy provisions once final language is adopted.
Violating a special exception or rezoning condition requiring owner-occupancy is a zoning violation under the Hampton Zoning Ordinance and Virginia Code section 15.2-2209, with daily civil penalties of up to $1,000 for repeat violations and possible revocation of the special exception. A Temporary Family Health Care Structure used outside its statutory caregiving purpose loses its protected status under Virginia Code section 15.2-2292.1. Renting an unauthorized second dwelling violates zoning and may result in eviction proceedings against tenants under the Virginia Residential Landlord and Tenant Act and enforcement against the property owner.
Hampton, VA
Hampton restricts parking of commercial vehicles in residential areas. Vehicles exceeding one ton rated capacity or displaying commercial advertising may not...
Hampton, VA
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Hampton, VA
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Hampton, VA
Hampton regulates street parking through posted signs and general ordinances. Most residential streets allow parking but may have time limits. Vehicles must ...
Hampton, VA
Hampton limits fence height to 4 feet in front yards and 6 feet in side and rear yards under the zoning ordinance. Corner lots have additional visibility req...
Hampton, VA
Hampton generally does not require a building permit for residential fences under 6 feet in height. Fences exceeding standard heights or those in flood zones...
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