On line Home Sharing Economy Committee
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1 On line Home Sharing Economy Committee Zoning Review September 7, 2016
2 Zoning regulates the use of property within the City. Promotes the health, safety and general welfare of the people of the City. All property is designated into a Zoning District. R 20 Residential, I 1 Industrial, PD H1 Planned Unit Development, etc. Each of these Zoning Districts have principal and conditional uses. Principal uses are allowed by right; Conditional uses require a conditional use permit be approved by City Council the conditions make the use compatible within the Zoning District; Accessory uses are on the same lot as principal use and Is clearly incidental to, and customarily found in connection with, such principal use. 2
3 If the use is not principle or conditional or accessory (not mentioned at all), then the use is not allowed. Section 102 (c) of the Zoning Ordinance; No use shall be allowed in any zoning district except those which may be allowed as principal uses, conditional uses, and accessory uses;... 3
4 The Zoning Ordinance is silent in regard to the rental of dwellings, and is silent as to what is a short term rental and what is a long term rental. This is not unusual, Zoning Ordinances cannot cover all situations that may arise; and the Zoning Administrator has the authority to interpret the Zoning Ordinance by state statute, to cover the areas that are not clear. (Virginia Code Section ) As we move forward, clarification of the regulations regarding the rental of dwellings would be beneficial to the public. 4
5 Daily Rentals are rentals of less than 7 days. Only allowed for a hotel/motel, bed and breakfast, or a country inn. None of which are principal uses in Residential Zoning Districts. Conclusion daily rentals of any dwelling (whole house or rooms) are not allowed in Residential Zoning Districts. 5
6 Country inn. A building in which not more than five (5) rooms are provided for lodging transients, for compensation, for daily or weekly terms, with or without board, in conjunction with which antiques may be sold at retail as an accessory use. No such rooms shall have an entrance or exit to the outside of the building, and no such room shall exceed three hundred (300) square feet in floor area. Bed and breakfast inn. A residential structure of historical significance in which not more than thirteen (13) rooms are provided for lodging transients, for compensation, on daily or weekly terms, with breakfast. 6
7 Short Term Rentals are rentals of 7 to 89 days. Primarily in certain locations such as: Sandbridge and Chesapeake Beach. Historically short term rentals have been allowed in these locations. These short term rentals are normally referred to as vacation homes and are rented on a weekly basis. 7
8 Long Term Rentals are rentals of 90 days or more. Normally the rental of a whole home or room on a yearly basis. Historically, long term rentals have been permitted. The people residing in the home are limited to meeting the definition of family in the Zoning Ordinance. 8
9 Family is any of the following groups of persons, living together and sharing living areas in a dwelling unit: 1. Two (2) or more persons related by blood, marriage, adoption, or approved foster care; 2. A group of not more than four (4) persons (including servants) who need not be related by blood, marriage, adoption or approved foster care;... 9
10 Why is the daily rental of rooms/homes not an accessory use to the dwelling unit? It is not completely clear in the Zoning Ordinance, as it does not define or give any guidance for any of these situations. At this time it is not possible to say that daily rentals are clearly incidental to, and customarily found in connection with a dwelling. The daily rental is a recent phenomenon, and the situation is evolving. 10
11 The recommended way to bring complete clarity to the situations we have discussed is to make it clear in the City Zoning Ordinance with definitions and with regulations. 11
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