Pop. 137,000 · Hampton City
Hampton's short-term rental rules adopted in 2024 cap a standard Zoning Administrator permit at five bedrooms and ten overnight guests. Properties exceeding either threshold require a discretionary Use Permit reviewed by the Planning Commission and City Council.
Hampton requires short-term rental operators to provide proof of liability insurance as part of the use permit application. Coverage must be maintained for the duration of the permit, and the city may request updated documentation at renewal or inspection.
STR guests in Hampton must comply with the city's general noise ordinance, including quiet hours from 10 PM to 7 AM. Operators are responsible for informing guests of noise rules and addressing complaints promptly.
Hampton's zoning ordinance treats carports as accessory structures, which must meet the setback, height, and lot-coverage standards of the underlying residential district. A zoning permit and building permit are required before construction.
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.
Hampton does not levy a dedicated ADU impact fee because the City has no general by-right ADU ordinance in effect. Any approved accessory dwelling (currently through rezoning or special exception) pays standard building, plan review, and utility connection fees set by the Department of Community Development and Hampton's water and wastewater providers. Virginia narrowly authorizes only limited road impact fees and cash proffers under Virginia Code section 15.2-2317 and section 15.2-2298.
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.
Hampton requires registration of short-term rentals through its Commissioner of the Revenue and treats them as a regulated use under the Zoning Ordinance. Operators must collect and remit transient occupancy tax. Long-term rental of an authorized accessory dwelling is governed by the conditions on its rezoning or special exception approval. Virginia Code section 15.2-983 authorizes localities to maintain a short-term rental registry. Virginia Code sections 15.2-2208 and 15.2-2208.1 preempt traditional residential rent control.
Hampton allows accessory dwelling units in certain residential zones under the zoning ordinance. ADUs must meet setback, size, and parking requirements. The property owner must reside in either the primary dwelling or the ADU.
Hampton allows sheds in residential zones subject to setback and size requirements. Sheds under 256 square feet generally do not require a building permit but must comply with zoning setbacks.
Converting a garage to living space in Hampton requires a building permit and must meet the Virginia Uniform Statewide Building Code for habitable space including egress, insulation, and fire safety standards.
Virginia regulates tiny homes through the Uniform Statewide Building Code and IRC Appendix Q, preempting local construction standards while leaving placement and zoning to localities.
Hampton considers persistent barking that disturbs neighbors a public nuisance under the city code. Animal Control investigates complaints and may issue citations after documented patterns of disturbance.
Hampton enforces noise regulations under Chapter 24 of the city code, prohibiting unreasonable noise that disturbs the peace from 10 PM to 7 AM in residential areas. Sound levels must not exceed 55 dBA at a residential property line during nighttime hours.
Hampton permits construction activity from 7 AM to 8 PM on weekdays and 8 AM to 6 PM on Saturdays. Sunday and holiday construction in residential areas requires special approval from the city.
Virginia localities cannot regulate aircraft noise in flight because federal aviation law preempts the field, leaving the FAA in sole control of aircraft operations and noise above the ground.
Virginia state law caps civil penalties for noise ordinance violations at $250 for first offense and $500 for repeat offenses, binding every locality statewide.
Virginia law prohibits the use of aerial fireworks and firecrackers by consumers. Hampton enforces state law and also prohibits the discharge of fireworks within city limits except by licensed professionals for permitted displays.
Hampton allows recreational fire pits under specific conditions: they must be at least 15 feet from structures, use approved fuel, and be attended at all times. Open containers only; no burning of trash or treated wood.
Hampton restricts open burning within city limits under the Virginia Statewide Fire Prevention Code. Burning yard waste, trash, or debris is generally prohibited. Permits may be obtained from the Fire Marshal for specific purposes.
Virginia adopts the Statewide Fire Prevention Code applying uniform NFPA 58 propane storage and handling standards across all jurisdictions, regulating tank placement, capacity, and installation requirements consistently.
Virginia grants the State Forester emergency authority to declare wildfire conditions, prohibit outdoor burning, close forest lands, and recover suppression costs from negligent parties under uniform statewide statutes.
Hampton requires driveways to meet zoning standards for width, materials, and setbacks. Vehicles must be parked on paved surfaces only. Parking on grass or unpaved areas in residential zones is prohibited.
Hampton restricts the parking of recreational vehicles, boats, and trailers on residential streets and in front yards. RVs and boats must generally be stored in side or rear yards behind the front building line.
Hampton restricts parking of commercial vehicles in residential areas. Vehicles exceeding one ton rated capacity or displaying commercial advertising may not be parked overnight in residential neighborhoods.
Hampton regulates street parking through posted signs and general ordinances. Most residential streets allow parking but may have time limits. Vehicles must be registered, operable, and not parked facing against traffic.
Virginia statutes define abandoned vehicles, authorize removal from public and private property, and govern the lien, sale, and titling process that localities must follow when impounding unattended vehicles.
Virginia law prohibits homeowner and condominium associations from banning electric vehicle charging stations on a unit owner's exclusive-use property, though associations may impose reasonable conditions on installation and operation.
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 or near right-of-way lines may require permits.
Hampton does not require neighbor consent for fence installation, but the finished side must face the neighboring property. Property line fences are the shared responsibility of both owners under Virginia law.
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 requirements at intersections.
The Virginia Uniform Statewide Building Code requires a 48-inch barrier around residential swimming pools and spas, preempting local pool fencing rules statewide.
Hampton requires all dogs to be on a leash or under direct control of the owner when off the owner's property. Dogs running at large may be impounded by Animal Control.
Hampton allows beekeeping in residential areas subject to Virginia state regulations. Hives must be maintained at least 10 feet from property lines and have a water source. Virginia does not require local permits for hobby beekeeping.
Hampton does not have breed-specific legislation banning particular dog breeds. Virginia law preempts local breed-specific bans. However, individual dogs deemed dangerous are subject to stricter requirements regardless of breed.
Virginia regulates exotic pet ownership through the Department of Wildlife Resources. Keeping dangerous wild animals such as large cats, bears, and venomous snakes requires a permit. Hampton follows state regulations.
Virginia Code Section 3.2-6503 requires every owner to provide adequate care for companion animals, with criminal penalties for neglect that often underpin hoarding cases.
Virginia's Right to Farm Act limits how localities can restrict livestock and poultry kept as production agriculture in agriculturally zoned districts.
Virginia prohibits baiting wildlife for hunting and lets localities ban deer feeding, while bear feeding bans are addressed through hunting and Department regulations.
Hampton allows home occupations in residential zones under the zoning ordinance. Businesses must be clearly secondary to the residential use, conducted by residents, and not alter the residential character of the property.
Hampton prohibits business signage for home occupations in residential zones. No signs advertising the home business may be displayed on the property or visible from the street.
Hampton's home occupation rules prohibit customer or client traffic at the residence. The business must not generate vehicle or pedestrian traffic beyond what is normal for a residential area.
Virginia exempts certain home-produced non-potentially-hazardous foods from licensing and inspection when sold directly to consumers under labeling rules, with statewide standards that local health departments cannot expand.
Virginia requires state licensing for family day homes caring for five or more unrelated children, preempting local rules on capacity, ratios, training, and background checks across all jurisdictions.
Hampton requires property owners to maintain grass and vegetation at a height not exceeding 12 inches under Chapter 42 of the city code. The city may cut overgrown lots and charge the owner for the cost.
Hampton requires property owners to maintain trees so they do not obstruct sidewalks, streets, or sight lines. Branches must be trimmed to at least 8 feet over sidewalks and 14 feet over streets.
Hampton follows Hampton Roads regional water conservation guidelines. Mandatory restrictions may be imposed during drought conditions. Odd-even watering schedules may be activated during water supply emergencies.
Hampton does not require permits for removing trees on private residential property in most cases. Trees in designated historic districts or flood zones may have additional protections. City trees on public property may not be removed without authorization.
Virginia statute encourages rainwater harvesting and graywater reuse, providing income tax credits and exempting most residential systems from plumbing-permit complexity, applied uniformly statewide.
Virginia authorizes localities to abate weeds and declares specified noxious weeds under state agricultural law, balancing local enforcement with statewide pest control.
Hampton requires all swimming pools to be enclosed by a barrier at least 48 inches high with self-closing, self-latching gates. Pool barriers must comply with the Virginia Uniform Statewide Building Code.
Hampton requires pool safety equipment including rescue devices and proper drain covers. Pools must comply with the Virginia Graeme Baker Pool and Spa Safety Act for anti-entrapment measures.
Above-ground pools in Hampton must meet the same barrier requirements as in-ground pools. Pools with walls less than 48 inches high require additional fencing. A building permit may be required depending on size.
Hot tubs and spas in Virginia must meet USBC electrical, bonding, and cover requirements that supersede conflicting local construction rules.
Pool construction permits in Virginia are governed statewide by the Uniform Statewide Building Code, which preempts conflicting local building rules.
Permanent outdoor kitchens in Hampton require building, plumbing, gas, and electrical permits through the Community Development Department's Codes Compliance Division when they include gas line connections, electrical service, plumbing, or significant structural elements. Work must comply with the 2021 Virginia Uniform Statewide Building Code (VUSBC) and hurricane wind-load provisions. Accessory structure setbacks are set by the Hampton Zoning Ordinance residential district chapters. Portable BBQs do not require permits.
Hampton treats pellet, wood, and charcoal smokers as open-flame cooking devices under the Virginia Statewide Fire Prevention Code, adopted at Chapter 14 of the City Code and based on the 2021 IFC. Section 308.1.4 prohibits smokers on combustible multi-family balconies or within 10 feet of combustible construction. One- and two-family homes are exempt, and sprinklered buildings have an exception. No cooking-specific burn permit is required for residential smokers.
Hampton enforces the Virginia Statewide Fire Prevention Code (VSFPC), based on the 2021 International Fire Code, through Chapter 14 of the City Code and the Hampton Fire Marshal's Office. IFC Section 308.1.4 prohibits charcoal burners and LP-gas grills with cylinders over 1-pound capacity on combustible balconies or within 10 feet of combustible construction in multi-family buildings. One- and two-family homes are exempt, and sprinklered buildings have an exception.
Hampton does not restrict residential lawn ornaments, statues, or yard decorations on private property at the city level. Ornaments must stay within the property line and not encroach into sidewalks or public rights-of-way. Permanent free-standing structures above accessory thresholds require permits under the residential district chapters of the Hampton Zoning Ordinance. Virginia Code section 55.1-1819 protects flag display in HOA-governed communities under the Property Owners' Association Act.
Hampton does not impose specific restrictions on residential inflatable holiday displays. Displays must remain on private property and not encroach into sidewalks or public rights-of-way. Commercial inflatable advertising (air dancers, advertising blimps) is regulated as temporary signage under Chapter 10 of the Hampton Zoning Ordinance. Some subdivisions restrict yard inflatables through HOA covenants under the Virginia Property Owners' Association Act.
Hampton does not impose a dedicated ordinance on residential holiday lighting timing or brightness. The Hampton Zoning Ordinance regulates signs in Chapter 10, but private residential holiday lighting itself is not regulated as signage. Permanent exterior wiring requires an electrical permit through Codes Compliance. Some Hampton subdivisions and the Olde Wythe Historic District enforce display windows through recorded HOA covenants or design guidelines.
Hampton participates in the NFIP and has extensive flood-prone areas due to its coastal location on the Chesapeake Bay. Construction in flood zones must meet FEMA base flood elevation requirements. Hampton's flood ordinance exceeds minimum NFIP standards.
The Chesapeake Bay Preservation Act mandates 100-foot vegetated buffers along tidal waters and tributaries in 84 covered Tidewater localities, with state-set criteria local ordinances must meet or exceed.
Virginia's Erosion and Sediment Control Law requires erosion plans and approved control measures for regulated land-disturbing activities, with technical standards uniform across all local programs.
Virginia's Stormwater Management Act sets uniform technical criteria for post-construction stormwater controls that all localities operating Virginia Stormwater Management Programs must enforce on regulated land-disturbing activities.
Hampton (an independent city in Virginia) regulates door-to-door solicitation under Chapter 31 (Solicitors and Solicitations) of the Hampton Code of Ordinances. A permit is required for commercial solicitation, and Hampton Police process applications including a background check. Religious, political and charitable canvassing is exempt from the commercial-permit requirement but must respect 'No Soliciting' signs.
Virginia enforces the federal Do Not Call Registry and the state Telephone Privacy Protection Act, prohibiting most unsolicited telephone solicitations to registered numbers and regulating commercial calling practices statewide.
Commercial drone operators in Virginia follow FAA Part 107 rules and are shielded from most local regulation under state preemption, with limited exceptions for locality-owned property and specific privacy crimes.
Virginia preempts most local drone regulation, reserving aircraft operation rules to the state and FAA, while criminalizing surveillance overflights and trespass-style use against private individuals.
Virginia Code 40.1-28.10 sets a statewide minimum wage that exceeds the federal floor and preempts localities from establishing their own higher minimum wage rates for private sector workers.
Virginia Code 40.1-33.3 et seq. requires paid sick leave only for certain home health workers; no general statewide paid leave mandate exists, and broad local paid leave ordinances face preemption.
Virginia has no statewide predictive scheduling law, and Dillon Rule limits leave localities without authority to impose fair workweek or scheduling premium ordinances on private employers.
Virginia issues concealed handgun permits under Code 18.2-308.01 through 18.2-308.014, with shall-issue standards administered by circuit courts; localities cannot impose additional concealed carry requirements.
Virginia preempts most local firearm regulation under Code 15.2-915, but a 2020 amendment lets localities restrict firearms in specific public buildings, parks, recreation centers, and permitted events.
Virginia generally permits open carry of firearms by adults without a permit, though Code 18.2-287.4 restricts certain loaded high-capacity weapons in named public areas of larger localities.
Virginia Code 18.2-308 lets adults transport firearms in personal vehicles, with concealed handguns in a closed compartment lawful without a permit; localities are preempted by Code 15.2-915.
Code 40.1-11.2 requires every Virginia state agency and any employer with more than an enumerated workforce performing public contracts over $50,000 to enroll in and use the federal E-Verify program for new hires.
Code 19.2-83.7 requires Virginia jails to notify ICE before releasing inmates subject to detainers, while 2020 reforms barred state agencies from inquiring into immigration status for service eligibility absent legal requirement.
The Virginia Residential Landlord and Tenant Act sets uniform eviction grounds and notice periods statewide, preempting local just-cause ordinances under Dillon's Rule.
Virginia preempts local rent control because Dillon's Rule denies localities authority to regulate rents, and the General Assembly has not delegated this power to any city or county.
Virginia limits municipal rental inspection programs to designated blighted districts and requires specific procedural standards, preempting blanket rental registration ordinances.
Virginia Code 15.2-2288 and 15.2-2288.3 limit how localities may zone agricultural land, preserving by-right production and restricting special use permit requirements for bona fide farms.
Virginia Code 3.2-301 establishes the Right to Farm Act, shielding established agricultural operations from nuisance lawsuits and limiting local ordinances that would restrict bona fide farming activities.
Virginia law prohibits all signs, including garage sale and yard sale notices, placed within the limits of any state highway right-of-way, with a $100 civil penalty per occurrence.
Virginia state law creates a 40-foot prohibited area around polling place entrances on election day where political signs and electioneering are forbidden statewide.
Virginia Code 58.1-1745 authorizes counties and cities to impose a 5-cent tax on disposable plastic bags provided at grocery stores, convenience stores, and drugstores within their borders.
Virginia Code 10.1-1424.4 phases out expanded polystyrene single-use food service containers, with chain restaurants required to comply by July 1, 2025 and all food vendors by July 1, 2026.
Virginia has no statewide plastic straw ban; straws remain available on request, and localities have limited authority to regulate single-use service items beyond state environmental statutes.
Virginia law generally prevents HOAs from prohibiting solar energy collection devices unless the recorded declaration explicitly contains the prohibition.
Solar panel installations in Virginia require permits issued locally but governed by the statewide Uniform Statewide Building Code and electrical code.
Virginia Code 18.2-371.2 prohibits selling tobacco, nicotine, and vapor products to anyone under 21, with active duty military members 18 and over exempted under state law.
Virginia has not enacted a statewide ban on flavored tobacco or menthol products; sales remain lawful to adults 21 and over subject to general tobacco regulations under Code 18.2-371.2.
Virginia requires retail tobacco and liquid nicotine sellers to comply with state licensing under Code 58.1-1021.04:1 and prohibits sales to anyone under 21 per Code 18.2-371.2.