Overview: Short-Term Rental Allowance in Hampton, VA

Yes, short-term rentals are explicitly allowed in Hampton, Virginia, but they are subject to comprehensive regulations that became effective September 1, 2024. The city permits short-term rentals (STRs) under a regulated framework that includes density caps, zoning restrictions, and mandatory permitting processes. Short-term rentals are defined as properties providing lodging for 30 days or less, commonly advertised on platforms like Airbnb and VRBO.

How to Start a Short-Term Rental Business in Hampton, VA

1. Check Zoning and Capacity Requirements

• Verify your property is located in one of the 51 designated STR zones using the city's interactive map
• Confirm your zone has not reached the 1% density cap (currently Buckroe 2 and Phoebus 3 are at capacity)
• Ensure your property meets the 300-foot separation requirement from other STRs

2. Determine Permit Type Required

The permit type depends on your property characteristics:

• Zoning Administrator Permit (ZAP): For properties with adequate on-site parking, 5 bedrooms or fewer, 10 overnight guests maximum, and no event hosting
• Use Permit: Required if property has insufficient parking, exceeds 5 bedrooms or 10 guests, or will host events

3. Apply for Required Permits

• Submit application through Hampton's online permitting system
• Pay $200 application fee and $50 inspection fee
• Provide detailed floor plan showing room dimensions, safety equipment locations, and evacuation routes

4. Schedule Property Inspection

The city will conduct an inspection to ensure compliance with safety and operational requirements before permit approval.

5. Obtain Business License

Secure a Hampton business license for your short-term rental operation.

Required Documents, Permits, Licenses, and Guidelines

Mandatory Requirements:

• Short-Term Rental Permit (ZAP or Use Permit)
• Hampton Business License
• Floor Plan with room dimensions, safety equipment, and evacuation routes
• Responsible Local Person designation with contact information
• Property Inspection (passed)

Application Materials:

• Completed permit application
• Detailed property floor plan
• Proof of business license
• Contact information for local responsible party
• Payment of required fees ($200 application + $50 inspection)

Safety Requirements:

• Smoke detectors in all required areas
• Fire extinguishers as specified
• Clear evacuation routes marked and accessible
• Compliance with Virginia Uniform Statewide Building Code

Specific Regulations for Short-Term Rentals

Density and Distribution Controls:

• Zone Capacity: Maximum 1% of residential dwellings per STR zone may operate as short-term rentals
• Separation Requirements: 300-foot minimum distance between STRs (with exceptions for adjacent properties)
• 51 STR Zones: City divided into designated overlay zones with individual capacity limits

Operational Requirements:

• Responsible Local Person: Must designate someone who can respond in-person to issues
• Contact Information: Must be posted on property and listed with the city
• Guest Limits: Restrictions may apply based on permit type
• Event Restrictions: Special permits required for properties hosting events
• Parking: Adequate on-site parking required for standard permits

Grandfathering and Grace Periods:

• Grandfathered Properties: STRs with City Council-approved Use Permits before September 1, 2024, may continue operating under existing conditions
• Grace Period Properties: STRs with business licenses before December 14, 2022, have until December 31, 2024, to comply with new regulations
• Illegal Operations: All other STRs operating without proper permits face enforcement action

Enforcement and Penalties:

• Fines: $1,000 penalty, recurring every 10 days if not brought into compliance
• Criminal Summons: Possible for non-compliant operations
• Enforcement Timeline: Phased enforcement began October 1, 2024

Contact Information for Local Authority

Primary Contact:

Email: shorttermrentals@hampton.gov

Zoning Questions:

Email: CDDZoning@hampton.gov

General Inquiries:

Phone: (757) 727-8311 Email: webmaster@hampton.gov

Physical Address:

Community Development Department
22 Lincoln Street, 3rd & 5th Floors
Hampton, VA 23669

3-1-1 Citizen Contact Center:

Phone: (757) 727-8311 Email: webmaster@hampton.gov Website: Hampton 3-1-1 Center

Important Dates and Deadlines

• September 1, 2024: New STR regulations effective date
• October 1, 2024: Phased enforcement began for pre-existing STRs
• December 31, 2024: Final deadline for grace-period STRs to obtain proper permits

Source Links

• Hampton Short-Term Rentals Official Page
• STR Regulations Summary Handout
• Interactive STR Zone Map
• Online Permit Application System
• City Council Meeting Records on STR Regulations
• WHRO News Coverage

This comprehensive regulatory framework demonstrates Hampton's commitment to balancing tourism revenue opportunities with neighborhood character preservation, requiring STR operators to navigate specific density, operational, and safety requirements while maintaining proper local oversight.