City staff recommend zoning changes to allow accessory dwelling units, propose owner-occupancy, size and permit rules

Community Development staff presented recommended zoning ordinance amendments to permit accessory dwelling units (ADUs) on single‑family lots and outlined a public engagement and adoption timeline.

Monica Mehar, the city’s community engagement manager, told council the first public engagement round drew 363 responses and that nearly half of respondents said they would consider adding an ADU to their property. Staff said 43% of respondents envisioned using ADUs primarily for family-support purposes such as housing an aging parent, a student or a household member with a disability.

Staff recommendations (phase 1 approach): - Permit one ADU per lot containing a single‑family home, by right, subject to development standards. - Maximum ADU size limited to 50% of the principal dwelling or 800 square feet, whichever is less; no minimum lot-size requirement proposed. - Attach or detach allowed; existing accessory structures (for example, a legal nonconforming rear garage) could be converted to ADUs without forcing full compliance with current dimensional codes, subject to the 800‑square‑foot cap in conversions. - Setbacks would follow existing principal-structure setbacks for attached ADUs and accessory-structure setbacks for detached ADUs; separation requirements for detached ADUs would be governed by the building code rather than by zoning text. - Height limits generally recommended at 16 feet (about one and a half stories) measured from base grade to roof midpoint; for ADUs in flood zones, staff recommended measuring from design flood elevation to roof midpoint to allow required elevation while keeping the 16-foot cap. - Staff recommended prohibiting short-term rentals in ADUs and prioritizing family‑unity and multi‑generational living for phase 1. - Parking: require identification of one on-site parking space only where the adjacent block faces are designated as no‑parking; staff cited a desire to avoid adding impervious surface for parking when feasible. - Administration: require a Zoning Administrator permit for newly established ADUs to support enforcement and to collect owner information for any owner‑occupancy requirement. Building and mechanical permits would still be required separately.

Staff said proposed next steps include additional outreach to the neighborhood commission, the mayor’s committee for people with disabilities and a public hearing before the planning commission on Oct. 16, followed by a council public hearing scheduled for Nov. 12. Mehar noted a project webpage at hampton.gov/adus for background materials.

Council members asked for clarifications on items including nonconforming structures, training for permitting staff, and owner‑occupancy language. Kim (interim director of Community Development) said staff favored language similar to neighboring jurisdictions (school-specific examples cited) requiring the property owner to reside either in the principal dwelling or the ADU when a unit is established.

Ending: Staff emphasized a phased approach for adoption, monitoring and potential later adjustments once ADUs are in use. Council did not take a final vote; staff will present an ordinance for public hearing later this year.