Hampton does not have a by-right accessory dwelling unit program in effect. The City Council approved an ADU ordinance recommendation on November 12, 2025, but final ordinance language remains in drafting. Until that ordinance is adopted, the Hampton Zoning Ordinance treats accessory uses and structures under its single-family district chapters, and a separate independent dwelling generally requires rezoning, special exception, or a Board of Zoning Appeals variance. Temporary Family Health Care Structures are allowed under Virginia Code section 15.2-2292.1.
Virginia operates under the Dillon Rule, and Hampton's zoning power flows from Virginia Code section 15.2-2280. Hampton is one of Virginia's independent cities, meaning the City Council exercises all local land-use authority directly rather than through a county. The Hampton Zoning Ordinance is published through the Municode Library and the Hampton Community Development Department, and accessory uses and structures are addressed within the residential district chapters (R-Single Family series) and the general provisions chapters. The City has been actively developing a formal ADU framework: a steering group concluded work in July 2025, the Planning Commission approved a recommendation on October 16, 2025, and the City Council approved a recommendation on November 12, 2025, with final ordinance text and adoption timing marked TBD on the Hampton ADU page. Until the new ordinance is in effect, a second independent dwelling on a single-family lot generally requires rezoning, special exception use permit, or a BZA variance through the Hampton Department of Community Development. Construction permits are issued by Hampton Codes Compliance and must comply with the 2021 Virginia Uniform Statewide Building Code (VUSBC), with hurricane wind-load and coastal flood-zone provisions applying throughout the city.
Building or occupying an unauthorized second dwelling on a single-family lot in Hampton violates the Zoning Ordinance and Virginia Code section 15.2-2280, triggering stop-work orders, daily civil penalties under Virginia Code section 15.2-2209 of up to $1,000 for repeat violations, and required removal or legalization. Unpermitted construction violates the 2021 Virginia Uniform Statewide Building Code, can void homeowner insurance coverage, and prevents issuance of a final certificate of occupancy. Tenants of an unlawful unit may lose habitability protections under the Virginia Residential Landlord and Tenant Act.
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
Hampton requires driveways to meet zoning standards for width, materials, and setbacks. Vehicles must be parked on paved surfaces only. Parking on grass or u...
Hampton, VA
Hampton restricts the parking of recreational vehicles, boats, and trailers on residential streets and in front yards. RVs and boats must generally be stored...
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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