Hampton Short Term Rental Regulation: A Guide For Airbnb Hosts

What are short term rental (Airbnb, VRBO) regulations in Hampton, Virginia?

The city of Hampton, Virginia, has implemented regulations for short-term rentals, including those through platforms like Airbnb and Vrbo. These regulations aim to address the growing industry while ensuring the safety and well-being of the community.

To operate a short-term rental in Hampton, the following rules and requirements must be observed:

• Use Permit and Business License: The City Council voted to require all short-term rentals to have a use permit and a business license14.
• Regulations and Conditions: The regulations include potential rules and regulations such as parking restrictions, capacity limits, and designating a responsible party for violations and safety measures1.
• Licensing and Approval: Property owners must obtain a business license and receive City Council approval via a use permit to operate a short-term rental3.
• Enforcement and Grace Period: The city is providing a grace period until December 31, 2024, for all short-term rentals currently operating legally to obtain use permits5.
• Compliance and Education: The city will prioritize outreach and education rather than aggressive enforcement of the new rules5.

The regulations were crafted with the involvement of a stakeholder group that included neighborhood leaders, and the city is working to find a balance between protecting neighborhood character and allowing short-term rentals to operate37.

The city has also paused the approval of new short-term rental permits to study the issue further and engage with the public7.

Starting a Short Term Rental Business in Hampton

To start a short-term rental business in Hampton, several steps need to be followed. First, it is essential to obtain a business license, as short-term rentals require a Hampton business license8. Additionally, a Use Permit is required for all short-term rentals to operate in the city2. This permit can be obtained through the city's Planning Department8.

Furthermore, it is crucial to ensure compliance with various regulations, such as proof of liability insurance, building and fire codes, limitations on events, and the number of guests2. Finally, a local contact person must be designated in case of any issues4.The City Council unanimously voted to require all new short-term rental operations to have a use permit and a business license5.

The council also approved amendments to the Zoning Ordinance, making it mandatory for all short-term rentals to obtain a Use Permit prior to operating in Hampton8. The new regulations also allow short-term rentals in most areas that permit residential and multi-family dwellings, as well as some limited commercial and mixed-use districts7.

Short Term Rental Licensing Requirement in Hampton

In Hampton, Virginia, short-term rentals are subject to specific regulations and requirements. To operate a short-term rental business legally, you need to obtain a Use Permit and a business license5. The city council approved amendments to the Zoning Ordinance on December 14, 2022, to require all short-term rentals to obtain a Use Permit prior to operating in Hampton5.

Key Points about Short Term Rental Licensing in Hampton

• Short-term rentals are allowed in most areas that permit residential and multi-family properties, as well as some limited commercial and mixed-use districts1.
• A Use Permit and a business license are required for operation5.
• Use permits may contain conditions such as proof of liability insurance, compliance with building and fire codes, limitations on events, a limitation on the number of guests, and a local contact person in case of issues1.
• The requirements go into effect immediately, but there is a grace period provided for those legally operating short-term rentals. Those operators will not need to seek use permits until December 31, 20241.
• The city has convened a stakeholder group, including neighborhood commission members, a bed-and-breakfast operator, a hotel operator, and short-term rental operators, to provide recommendations on how to best regulate short-term rentals3.

Benefits of Obtaining a Use Permit and Business License

Obtaining a Use Permit and a business license for your short-term rental property in Hampton ensures that you are operating legally and complying with local regulations.

This allows you to avoid fines and penalties associated with operating without the necessary permits. Additionally, having a business license and a Use Permit can provide you with access to resources and support from the city, such as outreach and education efforts1.

Required Documents for Hampton Short Term Rentals

To operate a short-term rental (STR) in Hampton, Virginia, property owners must adhere to specific regulations and obtain the necessary permits and licenses. The process involves several steps and the submission of various documents.

The city council's recent decision requires all new STRs to obtain a use permit, in addition to a business license, to operate legally. The use permit comes with clear conditions of what is and isn’t allowed, and violation could lead to its revocation1.

The required documents for Hampton short-term rentals include:

Use Permit Application: Property owners must submit a use permit application to the city’s Planning Department1. The use permit comes with clear conditions of what is and isn’t allowed, and violation could lead to its revocation1.

Business License: A Hampton business license is required for all short-term rentals8.

Proof of Liability Insurance: Property owners must provide proof of liability insurance as part of the use permit application3.

Compliance with Building and Fire Codes: Compliance with building and fire codes is a prerequisite for obtaining a use permit3.

Limitations on Events and Guests: Use permits may contain conditions that include limitations on events and the number of guests3.

Designation of a Local Contact Person: Property owners are required to designate a local contact person in case of issues3.

The city's decision to separate short-term rentals from bed and breakfast operations and the involvement of a stakeholder group in crafting the regulations demonstrate Hampton's commitment to ensuring that STRs operate within clear and specific guidelines3. The city's approach aims to balance the interests of property owners and the community while addressing concerns related to parking, noise, and other potential issues7.

The city's pause on the approval of new STR permits until November 2023 reflects its dedication to thoroughly studying the issue and engaging with various stakeholders, including the public, to establish effective and sustainable regulations2. This demonstrates Hampton's proactive approach to addressing the complexities associated with the growing market of short-term rentals.In summary, the process of starting a short-term rental business in Hampton involves obtaining a use permit, a business license, and ensuring compliance with specific conditions and regulations.

The city's recent decisions and ongoing efforts indicate a commitment to creating a framework that supports the responsible operation of short-term rentals while addressing the concerns of the community.

Hampton Short Term Rental Taxes

In Hampton, Virginia, the city imposes a tax on short-term rental properties at a rate of 1% on the gross proceeds1. This tax must be charged and collected by every business engaged in the short-term rental business and must be remitted to the City on a quarterly basis no later than the 20th day of April, July, October, and January1.

To summarize, Hampton's short-term rental tax requirements include:

• A 1% tax rate on the gross proceeds of short-term rental properties1
• The tax must be charged and collected by every business engaged in the short-term rental business1
• The tax must be remitted to the City on a quarterly basis1

It is essential for short-term rental property owners to be aware of these tax obligations and comply with the regulations to avoid penalties and legal issues.

Virginia wide Short Term Rental Rules

Virginia municipalities, including Hampton, are increasingly implementing ordinances to regulate short-term rentals such as Airbnb and Vrbo. The regulations aim to address issues such as parking, noise, waste management, and the impact on housing inventory and hospitality tax revenue. According to a report by the Virginia Mercury, approximately 30 localities in the U.S. have already regulated short-term rentals, reflecting a nationwide trend. Most of these rentals are concentrated in populous areas and tourist destinations.

For instance, in Virginia Beach, recent ordinance changes restrict short-term rentals to certain properties and impose specific requirements, such as the provision of a parking space per bedroom and the limitation of the number of rentals per lot. Similarly, in Richmond, the ordinance permits short-term rentals as a principal or accessory use to a dwelling unit, with specific conditions on the number of rentals per lot and the approval process.

The state law also allows localities to establish a registry of short-term rental properties and requires the submission of monthly reports on gross receipts for accommodations intermediaries. These developments indicate a growing effort to regulate and monitor short-term rentals across Virginia, reflecting a broader trend of increased oversight and control in the short-term rental market.

Does Hampton strictly enforce STR rules?

Hampton has implemented regulations for short-term rentals, such as those listed on Airbnb and VRBO, and requires all short-term rentals to obtain a Use Permit prior to operation24. The city council has approved amendments to the Zoning Ordinance on December 14, 2022, to enforce these regulations2. However, the enforcement of these regulations may not be as strict as in some other cities7.

In the past, Hampton has faced challenges in regulating short-term rentals due to unclear rules and difficulties in enforcement5. About 370 short-term rentals were advertised in Hampton, with only 48 granted business licenses and zoning approval3. The new rules, which came into effect on December 14, 2022, aim to address these issues and provide a clear framework for short-term rental operators3.

The city has a grace period provided for those legally operating short-term rentals, allowing them to obtain use permits until December 31, 20243. The city will focus on outreach and education rather than aggressive enforcement during this period3.

In the future, Hampton may consider implementing additional regulations, such as parking restrictions and designating a responsible party for violations and safety measures8

How to Start a Short Term Rental Business in Hampton?

If you're interested in starting a short-term rental business in Hampton, there are several steps you need to follow. First, you need to research local regulations and understand the rules and regulations for short-term rentals in Hampton, as outlined in the Zoning Ordinance.

Next, you need to obtain necessary permits, including a business license from the city's Commissioner of the Revenue and a Use Permit from the city's Planning Department. You also need to ensure your property complies with all regulations, such as proof of liability insurance, compliance with building and fire codes, limitations on events, and a limitation on the number of guests. Additionally, you need to appoint a local contact person in case of issues.

Finally, you can promote your short-term rental property on platforms like Airbnb and Vrbo.If you want to establish a new short-term rental, you will need to receive approval of a Use Permit, which requires public hearings with the Planning Department.

To get started, you can email CDDZoning@Hampton.gov to provide an address and a description of your proposed property. City staff will review and assign you a city planner to assist in guiding you through the process.It's important to note that Hampton requires all short-term rentals to obtain a Use Permit prior to operating in the city.

The city council approved amendments to the Zoning Ordinance on December 14, 2022, to enforce these regulations. Short-term rentals are also subject to taxes, as indicated in the Code of Ordinances.While specific opinions from Airbnb hosts in Hampton are not available in the search results, the city has been working on finding a balance between protecting neighborhood character while allowing short-term rentals to operate.

This suggests that Hampton is working on finding a way to regulate short-term rentals that is acceptable to both hosts and neighbors.

Who to contact in Hampton about Short Term Rental Regulations and Zoning?

For questions on short term rental regulations and zoning in Hampton, contact:Community Development Department
Phone: (757) 727-6140
Email: CDDZoning@Hampton.gov

What do Airbnb hosts in Hampton on Reddit and Bigger Pockets think about local regulations?

Airbnb and other short-term rental platforms have become increasingly popular in Hampton, Virginia, but the city has struggled to find a balance between protecting neighborhood character and allowing short-term rentals to operate.

The city council has approved regulations for short-term rentals, requiring a Use Permit for operation, and the city has a mandatory rental registry that requires all homes listed for extended stays to register with the town, pay a fee of $100, and undergo inspection for meeting building codes12356.While the enforcement of these regulations may not be as strict as in some other cities, operating illegally can result in fines of $500 per occurrence7. The city has also established an inspection requirement for rentals within a certain area, which covers most of Chesapeake4.

According to a search of website platforms, there are an estimated 370 short-term rentals advertised for rent in Hampton, but only 48 have been granted business licenses and zoning approval8. The turnover of guests staying in the Hamptons has resulted in complaints of congested streets, and companies like Airbnb and HomeAway have come under fire as the cause of these issues1.To start a short-term rental business in Hampton, you need to obtain a business license, receive a Use Permit, comply with regulations, designate a local contact person, and advertise legally2.

For more information on short-term rental regulations and zoning in Hampton, you can contact the city's 3-1-1 Citizen Contact Center2.While specific opinions from Airbnb hosts in Hampton are not available in the search results, the city has been working on finding a way to regulate short-term rentals that is acceptable to both hosts and neighbors7.