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Council briefed on citywide accessory dwelling unit rules: 800‑sq‑ft cap, owner‑occupancy and STR ban recommended
Summary
Planning staff presented four zoning amendments (25-0018, 25-0019, 25-0268, 25-0269) to permit accessory dwelling units on one-family lots with standards including a single ADU per lot, 800 sq. ft cap, 16-foot height limit, owner-occupancy requirement and prohibition on future short-term rentals; planning commission recommended several edits and staff recommended a delayed effective date to allow administration.
Planning staff presented four proposed zoning-ordinance amendments designed to define and permit accessory dwelling units (ADUs) on single-family lots across Hampton.
Planner Quinn summarized the package — ordinance numbers 25-0018, 25-0019, 25-0268 and 25-0269 — and said staff recommends a phased, data-informed rollout that emphasizes safety and family unity. "It is staff's recommendation that only 1 ADU be permitted on any 1 lot," Quinn said.
Key standards presented by staff include:
- A maximum cap of 800 square feet for detached ADUs (and generally ADUs would not exceed 50% of the principal dwelling area; the 800‑sq‑ft cap was selected as a city benchmark). - Height limits: ADUs may not exceed 16 feet in height (about one-and-a-half stories) and may not exceed the height of the principal dwelling except when FEMA design flood elevations apply; in flood-prone lots height would be measured from the design flood elevation. - Setbacks and lot coverage: attached ADUs must meet principal-dwelling setbacks; detached ADUs must meet accessory-structure setbacks and will be subject to the 20% rear-lot coverage cap. The planning commission recommended increasing a site setback for detached ADUs from 3 to 5 feet to preserve privacy and safety. - Owner-occupancy: the property owner must reside on the premises, either in the principal dwelling or in the ADU; owners may not simultaneously lease both units. - Short-term rentals: new ADUs would not be permitted to operate as short-term rentals; existing nonconforming STRs would not be affected. - Parking: most ADUs will not require additional off-street parking; an extra off-street space would be required only where on-street parking is prohibited on that block.
Staff described special provisions for conversions of legally established nonconforming accessory structures and recommended that new ADUs in the Buckroe Bayfront District (BB1–BB3) comply with the new Chapter 1 ADU standards, which would supersede older Chapter 8 rules for new construction in that district.
Quinn told council the planning commission recommended changing an erroneous reference from "minimum" dwelling area to "maximum" dwelling area and otherwise recommended approval. Staff also suggested specifying a delayed effective date (staff proposed adoption with an effective date at the start of the calendar year to allow administration time) rather than immediate effect.
Council members asked clarifying questions: planners confirmed a legally established detached garage may be converted to an ADU and that a new detached ADU may also be added on the same lot provided coverage and setback requirements are met. Staff and the city manager confirmed campers or trailers used as a dwelling remain prohibited under current code and therefore are not permitted as ADUs.
Staff recommended approval of all four amendments and said the ordinances will be presented at tonight’s public hearing and vote.
