The Virginia General Assembly has directed that short-term rentals shall be permitted as a principal use in the area defined as the Sandbridge Special Service District. The provisions of this article allow short-term rentals, with appropriate restrictions, only in those areas directed by the General Assembly and/or in such other areas in which a neighborhood requests a STR Overlay and where short-term rentals may be carried on without adversely affecting the quiet enjoyment of neighboring properties.

(Ord. No. 3668, 7-13-21)

(a)

The Short-term Rental Overlay Districts boundaries shall be as designated on the official zoning map of the city (STR).

(b)

Any part of the city may petition the city council for an overlay to be created if the identified community is able to gather the signatures of seventy-five (75) percent of the owners of the properties in the community. Only one (1) signature per property may be counted. Such communities shall be pre-existing, and any new community boundaries may not be created for the purpose of meeting the requirements of this section for creation of a short-term rental overlay.

(Ord. No. 3668, 7-13-21)

The designation of any property as lying within a Short-term Rental Overlay District shall be in addition to, and not in lieu of, the underlying zoning district classification of such property, such that any property situated in a Short-term Rental Overlay District shall also lie within one or more of the zoning districts enumerated in Section 102(a) of this article. All such property shall be subject to the requirements of this article as well as to all other regulations applicable to it, and to the extent that any provision of this article conflicts with any other ordinance or regulation, the provision of this article shall control.

(Ord. No. 3668, 7-13-21)

(a)

Subject to general requirements and to the regulations of the underlying zoning district, all uses and structures permitted as principal, conditional or accessory uses in the underlying zoning district in which they are located shall be so designated within the Short-term Rental Overlay Districts.

(b)

Short-term rental overlay.

a.

Short-term rentals in a STR Overlay District shall be in compliance with the requirements of Section 241.2 as modified as follows:

i.

Add to condition (1): Parking spaces created to comply with this condition shall not add additional impervious area to the site. Area within a residential garage may be used for no more than one (1) required space provided the available area within the garage meets the dimensional requirements of this article used for required parking. Driveway area located within the city right-of-way may be utilized to meet the parking requirement provided there is no traffic impact and the location of the parking space does not block vehicular traffic or an existing sidewalk.

ii.

Add to condition (1): There are certain condominium properties that have historically operated as short-term lodging units and have not experienced any inconvenience to guests or the surrounding area without the required one (1) parking space per bedroom. Further, such properties are unable to provide the required parking on-site. For these condominium properties, the zoning administrator may, at his discretion, require one (1) parking space per dwelling unit similar to the requirement for lodging uses in the Oceanfront Resort District Form Bases Code (ORDFBC). Such properties must provide written evidence of their past use and the Zoning Administrator shall find that there is no public inconvenience with the current parking design.

iii.

Replacing condition (2): No events associated with the short-term rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the short-term rental is located. This short-term rental may not request or obtain a Special Event Permit under City Code Section 4-1.

iv.

Replacing condition (3): The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or agent, who is available to be contacted and to address conditions occurring at the short-term rental within thirty (30) minutes and to be physically present at the short-term rental within one (1) hour.

v.

Replacing condition (8): A short-term rental shall have no more than one (1) contract for every seven (7) consecutive days.

vi.

Replacing condition (11): The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers") shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3).

vii.

For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the short-term rental use is active, parking passes issued for the subject dwelling unit(s) through the (RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted.

(c)

The use regulations of this section shall not apply to short-term rentals within a Short-term Rental Overlay District that were grandfathered at the time of adoption of the short-term rental ordinance, which properties shall be subject exclusively to the provisions of section 241.2. The use regulations of this section shall also not apply to short-term rentals within a Short-term Rental Overlay District that are operating under the provisions of a conditional use permit, which properties are governed by the provisions of section 241.2 and the conditions of the permit.

(Ord. No. 3668, 7-13-21)