(A)

Short term rentals are common in America today, including in the town. However, given that they are commercial uses which must co-exist with residential uses and often in neighborhoods, limits and regulations are needed. This ordinance is intended to be the "specific enabling action" envisioned in § 154.050 (statement of intent for R-1 and R-2 zones) to allow these certain limited commercial uses in town residential zoning districts.

(B)

The regulations for short term rentals are designed to accommodate an STR operator's limited commercial use in a way that is safe for the guests, meets town requirements, does not change the character of the town, and fits in with the neighborhoods in which the STRs operate.

(C)

To this end, a cap is placed on the number of short term rentals that more or less equals ten percent of the parcels in the town, health and safety regulations are imposed, and nuisances and disturbances are prohibited.

(D)

This ordinance is intended to work in tandem with the town's short term rental registration requirements as a measure for the town to keep track of the number of STRs and enforce the cap and other regulations.

(Ord. No. 2022-10, § 1, 9-13-2022; Ord. No. 2024-12, § 3, 2-6-2025)

The regulations of §§ 154.180 through 154.185 shall apply to every short term rental in the town.

(Ord. No. 2022-10, § 1, 9-13-2022; Ord. No. 2024-12, § 3, 2-6-2025)

(A)

The number of short term rentals in the town shall not exceed 35.

(B)

If an application is completed and filed which, if approved, would exceed this cap, together with any pending referred applications for STRs, the application shall not be referred to the planning commission or considered for approval until it would no longer exceed the cap if approved.

(C)

Short term rentals with a conditional use permit to operate as an inn, hotel, motel, or tourist home are exempted from this cap, but shall be subject to its conditional use permit and the other provisions of the Zoning Ordinance.

(D)

Owner-occupied STRs operated for up to four stays per year maximum are exempt from this cap but shall comply with the other provisions of the Zoning Ordinance. Each stay under this exemption shall be a minimum of two nights each.

(Ord. No. 2022-10, § 1, 9-13-2022; Ord. No. 2023-04, 11-9-2023)

(A)

Short term rental occupancy for overnight guests shall be limited to a maximum of two persons and one child per bedroom or other place equipped for guests to sleep. The number of bedrooms or other place equipped for guests to sleep under this subsection shall either be permitted by the Virginia Department of Health or approved by the zoning administrator.

(B)

Maximum short term rental occupancy for overnight guests shall be no more than ten persons.

(C)

Maximum overall short term rental occupancy, whether or not guests staying overnight, shall not exceed 20 persons without a specific condition adopting a different limit in a conditional use permit.

(D)

Occupancy of a short term rental shall not exceed the limit, if any, set by the Uniform Statewide Building Code or local building official.

(E)

An inn, hotel, motel or tourist house with a valid conditional use permit is exempted from the occupancy limits contained in subsections (A)—(C), above. In such cases, occupancy limits shall solely be determined by the Uniform Statewide Building Code or local building official.

(Ord. No. 2022-10, § 1, 9-13-2022)

(A)

One working smoke detector shall be installed for each bedroom as provided in conformance with the provisions of the Uniform Statewide Building Code. Such smoke detectors shall be maintained in accordance with the Statewide Fire Prevention Code (Code of Virginia, § 27-94 et seq.) and Code of Virginia, § 36-105(C)(6), Part III of the Uniform Statewide Building Code. Smoke detectors shall be inspected and tested at least quarterly to ensure they are in good working order.

(B)

In short term rentals with propane, a working carbon monoxide (CO) detector shall be installed and maintained per the manufacturer's recommendations on each floor or level equipped for guests to sleep overnight.

(C)

At least one working fire extinguisher shall be provided and maintained per the manufacturer recommendations in the short term rental. A fire extinguisher shall be located in or near the kitchen or any other area equipped for heating of food, and any other area which has any flame (including any wood-burning fireplace). At least quarterly, the STR operator, his or her employee, or an authorized independent contractor shall inspect all fire extinguishers to ensure their charge or pressure gauge needle points to the green "charged" zone and the extinguisher is otherwise in good working order.

(D)

STR operators shall maintain a commercial general liability insurance policy, specifically endorsed for short term rentals, for a minimum limit of $500,000.00, from a firm licensed to provide insurance in Virginia. A certificate of insurance shall be provided with the STR registration.

(E)

The STR operator, his or her employee, or an authorized independent contractor shall be able to respond to a guest, law enforcement or local official in order to address any issues within 60 minutes.

(F)

The STR operator shall post or display in a prominent place in the STR the foregoing regulations of this § 154.184 in a minimum of 12-point font, and certify thereon that all regulations therein have been met.

(Ord. No. 2022-10, § 1, 9-13-2022; Ord. No. 2024-12, § 3, 2-6-2025)

(A)

No commercial uses. Commercial uses, other than expressly permitted in this Zoning Ordinance, are prohibited. Inns, hotels, motels and tourist homes with a conditional use permit issued by the town are not subject to this prohibition in § 154.185(A).

(B)

No nuisances. No nuisances are permitted at an STR. No STR operator or other person shall cause or allow a disturbance or nuisance that significantly affects the surrounding neighborhood.

(C)

No disruptive parties. No STR operator or other person shall allow, cause or participate in a disruptive party or other disruptive event at any short term rental.

(D)

No "open invite" parties or events. No parties or events without a set list of guests are permitted. No parties or events advertised, on social media or otherwise, to the public or large groups of people are permitted.

(E)

No inconsistent noise or activity. The noise and activity at a short term rental shall not be inconsistent with the typical level of noise and activity of the neighborhood in its vicinity.

(F)

Quiet hours. Quiet hours at an STR shall be from 11:00 p.m. to 7:00 a.m. During those hours, there shall be no noise audible at the property line of the STR. A violation of this subsection is declared to be a misdemeanor.

(G)

No trespass. It is expressly forbidden for guests or visitors at an STR to trespass on the lands or property of another. A violation of this subsection is declared to be a misdemeanor.

(H)

Wood burning fire pits. Guests and visitors at an STR may not use a wood burning fire pit.

(I)

[Regulations on display.] The STR operator shall post or display in a prominent place in the STR the foregoing regulations of this § 154.185 in a minimum of 12-point font, to fully inform the STR's guests and visitors of this prohibited activity.

(Ord. No. 2022-10, § 1, 9-13-2022)

(A)

All STRs and their owners and managers shall be compliant with all applicable transient occupancy tax. STR registry and business professional occupational license requirements.

(B)

Any advertisement or public written statement about an STR shall include the town-issued transient occupancy tax account number.

(C)

Penalties for non-compliance with this section, in addition to any penalties otherwise provided by law or ordinance, shall be (i) seven-day oral warning (written warning may be substituted for oral in the discretion of the zoning administrator), then (ii) seven-day written warning, and then (iii) $500.00/day civil penalty until compliance in achieved.

(Ord. No. 2023-04, 11-9-2023)

(A)

Without limiting any other authority to regulate STRs in the town, appropriate STR density may be regulated by denial or conditioning approval of a conditional use permit for an STR.

(B)

In the R-1 and R-2 zoning districts only, no STR shall be operated nor shall a conditional use permit for an STR be granted on a parcel on both sides of a parcel which has an occupiable structure. Adjacency and "sides" shall be judged at the point at which the parcel boundary adjoins the public street or private street or right-of-way.

(Ord. No. 2023-04, 11-9-2023)

In addition to any other means by which an STR conditional use permit may terminate, including without limitation an expiration date, a conditional use permit granted for an STR shall automatically terminate due to a change in circumstances, including without limitation any of the following:

(A)

Violations of Chapter 154's subchapter on "Short Term Rentals" or other applicable state or local laws.

(B)

The STR ceases active operation for more than ten months. "Active operation" during that period shall include a minimum of two bona fide rentals to unrelated guests, payment of STR transient occupancy taxes, and compliance with the safety and insurance regulations of § 154.184 of this chapter.

(C)

The property on which the STR operates changes title ownership, beneficial interest, or effective control.

(D)

The STR ceases to be validly registered with the town, or if exempted, the STR operator fails to have a valid business license permit with the town.

The zoning administrator shall report to council at or before its next regular meeting all STR conditional use permits terminated.

(Ord. No. 2024-08, 9-12-2024)

Editor's note— Ord. No. 2024-08, adopted Sept. 12, 2024, set out provisions intended for use as § 154.186. To prevent duplication of section numbers, and at the editor's discretion, these provisions have been included as § 154.188.