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Hampton commission recommends more changes to short-term rental regulation

A short-term rental on North 5th Street in Hampton, Virginia, as seen Feb. 16, 2024. (Billy Schuerman / The Virginian-Pilot)
A short-term rental on North 5th Street in Hampton, Virginia, as seen Feb. 16, 2024. (Billy Schuerman / The Virginian-Pilot)
Staff headshots at Expansive Center in downtown Norfolk, Virginia on Jan. 25, 2023. Josh Janney
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Hampton is still working out the kinks of handling the demand for short-term rentals, and the city’s Planning Commission recently recommended some new changes to how the city should regulate them.

In June, the City Council approved a plan to divide the city into 51 zones and allow only 1% of homes in each zone to operate as short-term rentals. The plan also required that rentals be 500 feet apart unless they are side-by-side. However, many residents felt the proposal was too restrictive.

To address some of the concerns, City Council wanted to consider creating a new use called a “homestay rental” that only applies to residents who remain in their homes while renting a single room. Earlier this month, the Planning Commission recommended moving forward with creating that use.

Zoning Administrator Allison Jackura explained that under the proposal, homestay rentals are a separate category from short-term rentals and would not be subject to the density and buffer requirements of a short-term rental, where residents make their entire homes available for rent.

She said homestays apply for guests living in a home for 30 days or less. They would be allowed in single-family dwellings.

The proposed rules outline that a homestay rental operator must live in the home as their primary residence and reside there during all guests’ stays. The operator also has to maintain and provide proof of residency within one day of the zoning administrator requesting it.

No events, such as weddings, reunions or birthday parties, would be allowed with homestay rentals.  Furthermore, the operator — designated as a “responsible local person” would be required to provide contact information for the city website in case of any issues, respond within one hour after being called by the city for any nuisance complaint and be on-site at all times between 10 p.m. and 7 a.m. when overnight lodgers are present.

“We think that somebody living there has a vested interest in kind of making sure that there aren’t any nuisances,” Jackura said. “And we tend to see those in those overnight hours — that 10 p.m. to 7 a.m. — so we think having that person be there, staying there, would help to reduce that.”

Under the proposal, homestay rentals would require a Zoning Administrator Permit.

Jackura said the city does not have an exact number of homestay rentals currently operating. She said around 94 rentals currently advertise less than a whole home for rent, though that doesn’t indicate the owner is occupying the property.

The commission largely supported the proposal, but chair Michael Harris voted against an ordinance outlining the “standards of uses” for homestay rentals. He said in an interview that his objection was over requiring the homeowner to remain on the property between 10 p.m. and 7 a.m., as he felt the rule was too restrictive.

The commission is also recommending the City Council reduce the required buffer between short-term rentals from 500 feet to 300 feet. Commission member Tracy Brooks was the only one to vote against the matter during the July 18 meeting. She could not be reached for comment Monday to clarify her vote.

At the meeting, a few Hampton residents voiced concerns about the rules the City Council adopted last month limiting the density of short-term rentals. One woman said many Hampton residents will no longer be able to rely on the retirement income they were planning to earn through short-term rentals.

Hampton City Council is expected to vote on the changes during its Aug. 14 meeting. If approved, these changes will go into effect on Sept. 1.

Josh Janney, joshua.janney@virginiamedia.com

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