Short-Term Residential Rentals Zoning Elements

This table shows the elements of the proposed Zoning Ordinance amendment authorized for advertising by the County Board at its October 15, 2016 meeting.

In order to provide opportunities for public input, certain elements of the proposed amendment are broad, and staff’s final recommendation for County Board consideration in December will be informed through the public outreach process. The “community discussion” column in the table below includes an explanation of the areas in which the proposed amendment provides the best opportunities for continued discussion during the outreach process.

	Element	Proposed Recommendation for Advertisement	Community Discussion
1	Zoning districts	Single-family residential (R) Multiple-family residential (RA) Commercial/mixed use (C)	The advertisement allows for consideration of further limiting the zoning districts where the use is allowed.
2	Accessory use	Accessory homestay would be allowed only when it is accessory to a residential dwelling unit use classified in the Zoning Ordinance as Household living.	The advertisement does not allow for continued discussion of this element.
3	Home occupation use	Accessory homestay would be regulated as a home occupation, and subject to all the same provisions as other home occupations (with the exception of the amendments described in the previous section of this report), plus additional provisions that would be unique to accessory homestay.	The advertisement does not allow for continued discussion of this element.
4	Signs	No signs would be allowed for accessory homestay use. This is consistent with the existing prohibition on signs for all home occupations.	The advertisement does not allow for continued discussion of this element.
5	Non-resident employees	Non-resident employees would be prohibited from performing work on the premises for an accessory homestay. The proposed advertisement would, however, allow non-resident employees to perform work-related to normal home maintenance, such as repair and care of the residence or property, including yard maintenance and house cleaning.	The advertisement does not allow for continued discussion of this element.
6	Area of dwelling unit used for accessory homestay	No limit is proposed (accessory homestay could include overnight rental of an entire house or apartment).	The advertisement allows for consideration of limits to the total area/percentage of the house or apartment that could be used for accessory homestay.
7	Parking	The proposed amendment includes an option to consider requiring one off-street parking space for accessory homestay. Additionally, the proposed amendment includes an option to consider allowing up to one additional off-street parking space to be created on the property (subject to all applicable regulations) for an accessory homestay. Other home occupations prohibit the creation of an additional parking space that did not exist at the time of application.	The advertisement allows for consideration of: Requiring one parking space Not requiring any parking spaces Prohibiting the creation of new off-street spaces on a property with an accessory homestay
8	Owner-occupancy and primary residence	Accessory homestay would be allowed only in dwelling units occupied by the owner of the unit as his/her primary residence, which would require that he/she live there for a minimum of 185-275 days of the year (a range is proposed to be advertised).	The advertisement allows for consideration of defining primary residency as the owner of the dwelling unit occupying the unit anywhere between 185 and 270 days per year. However, the advertisement does not allow for continued discussion of whether owner-occupancy is required.
9	Cap	The proposed amendment would include an option for consideration to limit the number of dwelling units within any multiple-family building to the larger of either one unit, or 25% of the total number of dwelling units in the building. Townhouses, duplexes, semidetached and two-family dwellings are not considered to be multiple-family buildings and thus would not be subject to the proposed cap.	The advertisement allows for consideration of either no cap, a smaller cap (fewer units) or a larger cap (more units).
10	Maximum number of guests	An accessory homestay would be limited to a maximum of the greater of either: Six overnight guests per night Two overnight guests per night per number of bedrooms in the dwelling	The advertisement allows for consideration of limiting the provision to fewer guests.
11	Number of simultaneous contracts	An accessory homestay would be limited to no more than one contract for any overnight stay (e.g. a contract may be for a party of six, but an accessory homestay host could not contract with six separate individuals under separate agreements on the same night).	The advertisement does not allow for continued discussion of this element.
12	Accessory dwellings	The proposed amendment would include an option to allow a dwelling unit with an approved accessory dwelling to be used for an accessory homestay, but the maximum number of guests for the accessory homestay would be reduced by the number of occupants of the accessory dwelling. Either the accessory dwelling or the main dwelling could be used for the accessory homestay.	The advertisement allows: Accessory homestay to either be allowed or prohibited in a dwelling with an accessory dwelling The additional limitation on the number of overnight guests to be included or omitted
13	Family/caregiver suites	The proposed amendment would allow a family/caregiver suite to be used for accessory homestay	The advertisement allows for consideration of allowing or prohibiting use of a family/caregiver suite for accessory homestay.
14	Detached accessory buildings	An accessory homestay would be allowed only within the main dwelling on the lot (which could include an approved attached accessory dwelling). Accessory buildings, garages or other structures on the lot could not be used for accessory homestay.	The advertisement does not allow for continued discussion of this element.
15	Safety equipment	The dwelling unit used for the accessory homestay would be required to have working smoke and carbon monoxide detectors and a working fire extinguisher accessible to all overnight guests of the accessory homestay.	The advertisement does not allow for continued discussion of this element.
16	Building code	All applicable requirements of the Virginia Uniform Statewide Building Code must be met as follows: For the dwelling Any sleeping room used for accessory homestay must have met the requirements for a sleeping room at hte time it was created or converted The accessory homestay must be allowed under the building code for the subject dwelling	The advertisement does not allow for continued discussion of this element.
17	Food and beverages	The owner (or his/her agent or contractor) could prepare or serve food or beverages to any overnight guests of the accessory homestay.	The advertisement allows for consideration of prohibiting or allowing the preparation and serving of food and beverages to overnight guests.
18	Commercial meetings	An accessory homestay could not be rented out for any other commercial use, such as parties, banquets, weddings, meetings, charitable fundraising, commercial or advertising activities or any other gatherings for direct or indirect compensation.	The advertisement does not allow for continued discussion of this element.
19	Accessory homestay application	The zoning application for an accessory homestay permit would require: Contact information for either the owner of the dwelling or a responsible party, who is available 24 hours per day, 7 days a week, and who is located within 30 miles of the accessory homestay Proof that the dwelling unit used for accessory homestay is occupied by the owner of the dwelling as his/her primary residence (as defined in this regulation, see item 2 in this table) Additional application requirements, not proposed to be included in the Zoning Ordinance, are discussed later in this report.	The advertisement does not allow for continued discussion of this element.
20	Accessory homestay permit	An accessory homestay permit would be required and would be issued by the Zoning Administrator upon approval of an accessory homestay application. The permit would: Be valid for up to two years Be required to be renewed by the owner of the dwelling upon expiration on his/her own recognizance Require the owner and the responsible party (if not the owner) to agree to abide by all the requirements for the accessory homestay Be conditioned to authorize the Zoning Administrator and his/her designee to enter the dwelling unit upon reasonable advance notice at least one time per year in order to verify that the accessory homestay is being operated in compliance with all regulations and all conditions of the permit Additional permit requirements, not proposed to be included in the Zoning Ordinance, are discussed later in this report.	The advertisement allows for the consideration of the validity of the permit for a period of a maximum of two years.
21	Revocation of an accessory homestay permit	An accessory homestay permit could be revoked by the Zoning Administrator as follows: If there are three or more substantiated complaints about the accessory homestay within a one year period For failure to comply with all requirements of the accessory homestay and conditions of the accessory homestay permit For refusal to allow County inspectors to access the dwelling unit after reasonable advance notice, in order to ensure compliance with all requirements of the accessory homestay and conditions of the accessory homestay permit If an accessory homestay permit is revoked, the applicant would not be eligible to receive a new accessory homestay permit for up to two years.	The advertisement allows for consideration of the revocation period before a new accessory homestay can be approved, for a maximum of two years.