Huntersville Ordinances Advisory Board Agenda August 2, :30 p.m. 5:00 p.m.

Transcription

1 Huntersville Ordinances Advisory Board Agenda August 2, :30 p.m. 5:00 p.m. Rotunda Conference Room Town Center 3 rd Floor 105 Gilead Road, Huntersville A. Approval of June 7, 2018 Meeting Minutes (Attachment 1) B. Comments from Audience (5 minutes per person allocation) C. Other Business 1. Discuss catering tied to agritourism text amendment (Attachment 2) 2. Discuss short term rentals and AIRBNB (Attachment 3, 4) D. Adjourn

2 Land Development Ordinances Advisory Board Minutes June 7, :30 p.m. 5:00 p.m. Rotunda Conference Room Town Center 3 rd Floor 105 Gilead Road, Huntersville A. Call to Order Voting Members in Attendance: Chairman Hines, Vice Chairman Sny, D. Boone, A. Finlay, J. Henson, J. Jones, M. Jones, T. Taylor, and S. Thomas. Nonvoting Members in Attendance: Blythe, Haines, and Simoneau B. Approval of Minutes Jesse Jones made a Motion to Approve the May 3, 2018 Minutes, and Susan Thomas seconded the Motion. The vote was unanimous (7-0). C. Comments from Audience D. Other Business 1. Discuss catering tied to agritourism text amendment (Attachment 2, 3) This item was removed from the agenda. 2. Discuss buffers for properties fronting Lake Norman (Attachment 4) M. Jones requested the item to be tabled until the next meeting, if ready at that time. Jack Simoneau informed the members about an from Rusty Rozelle with Mecklenburg County Water Quality concerning the low and high density buffers in Town, including Cornelius and Davidson. 3. Discuss allowing church related accessory uses across the street from a church (Attachment 5) Jack Simoneau informed the members about a Food Bank desired at St. Mark s Catholic Church, and discussed the ordinances (Article 9.8). A Food Bank would be considered as accessory use. Leanne Vaccaro, a Church representative, explained the need for the Food Book, and it is thought there is not another ideal location on the contiguous property. The members discussed a structure on site and that would be entailed for storage use, and commercial standards. A text amendment and/or a change of use would be needed for the location across the street. 4. Discuss 6-story hotels in CB (Attachment 6) Jack Simoneau explained that an amendment is forthcoming for hotels in Commercial Business. It will reflect the same language as hotels in Highway Commercial that was recently approved. 5. Discuss allowing gravel parking lots for public parks (Attachment 8) Jack Simoneau and Michael Jaycocks explained the need for the parking lot improvement at Bradford Park. The Park & Recreation department requested $250,000 in the Budget for improvement to the overflow parking. The budget has been approved.

3 6. Discuss Breweries (Attachment 7) Jack Simoneau explained the ordinance for breweries. Dan Boone noted the businesses in Cornelius. J. Simoneau noted that breweries are not prohibited in Town, and identified the different zones for light manufacturing. David Peete noted the flex spaces in Bryton. Anthony Roberts, Town Manager, commented about the locations in Cornelius, and that Cornelius relaxed its rules for allow breweries in residential zones. E. Adjourn Prior to Adjournment, Dan Boone made a Motion to cancel the July 5, 2018 meeting, and Susan Thomas seconded. The vote was unanimous. Approved this 2 nd day of August, Brian Hines, Chairman Jack Simoneau, Secretary

4 Proposed Text Amendment Add Agritourism Catering Facility With Associated Site Specific Standards in the Rural Zoning District, Section of the Huntersville Zoning Ordinance 1. Add the following definition of Agritourism Catering Facility to Section , General Definitions: Agritourism Catering Facility. An establishment engaged in providing single event-based food services for both (1) on-site agritourism facilities (whether indoors or outdoors) used for public or private events, including but not limited to weddings, receptions, meetings, demonstrations of farm activities, meals, and other events that are taking place on the farm because of its farm or rural setting; and (2) off-site public and private events. Personal property and equipment utilized exclusively in providing on-site catering services to agritourism facilities shall be exempt from regulation in the extraterritorial zoning jurisdiction. In order to qualify under this definition, an Agritourism Catering Facility must be located on property used for bona fide farm purposes as contemplated by N.C.G.S. 153A-340(b). 2. Add the following use to Section Rural District (R), paragraph A): [Note: the Applicant has requested that this use be listed as a Use Permitted With Conditions. Staff requests that this use be listed as a Use Permitted with a Special Use Permit] Agritourism Catering Facility (9.60) 3. Add the following new Section 9.60 to Article 9, Conditions for Certain Uses: [Note: the Applicant has requested that this use be listed as a Use Permitted With Conditions. Staff requests that this use be listed as a Use Permitted with a Special Use Permit] 9.60 Agritourism Catering Facility Agritourism Catering Facilities are permitted in the Rural Zoning District [as a Use Permitted with Conditions if the following standards are met:] [subject to a Special Use Permit, according to the procedures of Article , if the evidence introduced at the Special Use Permit Hearing establishes that the following standards are met:] 1. The facility shall be located on a lot of at least twenty (20) acres in size. 2. The principal residence of the facility owner shall be located on site. 3. There shall be no more than twelve (12) employees present and performing activities for the off-site catering services at any time, excluding on-site resident family members of the facility owner employed in the catering operation. As used in this section 9.60, employees who are present and performing activities for both on-site and off-site catering services shall count towards the twelve (12) employee limit. The [zoning permit][special use permit] shall specify the number of employees permitted at the facility at the same time. 4. That facility shall have adequate off-street parking for the permitted number of employees and for the vehicles used for off-site catering services. In order to accommodate employees, offsite catering vehicles and visiting clients of the catering operation, there shall be a minimum of 1.5 spaces for each permitted employee and off-site catering service vehicle. As used in this section 9.60, vehicles used for both on-site and off-site catering services are included and subject to these regulations. Such parking shall have a visually opaque buffer at least thirtyfive feet in width along the adjacent boundary [Requested by applicant: or a structural screen such a wall or a fence that is augmented with vegetation]. 5. There shall be no outside storage or visible evidence of personal property, materials and equipment used for off-site catering services. As used in this section 9.60, personal property,

5 materials and equipment used for both on-site and off-site catering services are included and subject to these regulations. 6. If any portion of the facility is located within the principal residence of the owner, such portion shall occupy no more than [Requested by applicant: fifty percent (50%)][Requested by staff: twenty-five percent (25%)] of the total finished square footage of such principal residence. 7. [Requested by staff: The lot shall have a minimum of thirty feet (30 ) of frontage on a public road, or have a thirty foot (30 ) wide exclusive easement to a public road.] 8. [Requested by staff: Entrance drives, internal drives, parking and service areas may be gravel, crushed stone, or other suitable material approved by the Planning Director. These areas shall be well-maintained and kept free of potholes, weeds, etc. The initial fifty feet (50 ) of driveway from the public roadway connection shall be paved with concrete or asphalt.]

6 City/Town Definitions Standards Notes City of Asheville Homestay means a private, resident occupied dwelling, with up to two guest rooms where overnight lodging accommodations are provided to transients for compensation and where the use is subordinate and incidental to the main residential use of the building. A homestay is considered a "Lodging" use under this UDO. Short Term Rentals are considered house guests for less than 30 days. Rental of an entire dwelling unit is only permitted in zoning districts that allow lodging $ per day violation relating to renting or leasing dwelling for less than 1 month in districts that do not allow lodging facilities In residential districts short-term rentals are permitted according to the Homestay regulations City of Wilmington Vacation resort lodging means a lodging complex of self-contained individual rental housing units intended for short-term rentals. Short-terms means the renting of a property for overnight stays less than 30 days, where the owner does not reside in the home. Homestay means the business engaged in the rental of individual bedrooms within a dwelling unit that serves as the host s principal residence, that provides lodging for pay, for a maximum continuous period of twenty-nine (29) days, that does not include serving food, and to which the definitely of family does not apply. o o Full-time resident of property may apply Permit holder must be present during the homestay herm of the entire time lodgers are staying at the property o No additional off-street parking is required o Length of stay shall not exceed 30 days o $ per day fine for violation of homestay regulations Whole-house rentals prohibited in residential zoning and downtown (effective January 2018); allowed in districts where lodging is a permitted use Add regulations for homestay lodging in the residential and historic districts o Homestay uses are permitted in singlefamily zoning districts, including all of the R districts, the HD, HD-R, HDMU districts, and in all of the MF districts. Such uses shall only be allowed in lawfully permitted dwelling units serving as the principal residence of the host. Only the property owner may register a To be a "full time resident," the person must reside on the property on a permanent basis, and it must be the person's primary home. For purposes of this homestay ordinance, a person can only have one primary, full time residence, and the homestay must be operated from that primary, full time residence. Hired full time position to manage shortterm rentals Currently involved in public process for text amendment. Council will be considering the issue of whole-house short term lodging in residential districts on October 2, 2018

7 Homestay Host means a permanent, full-time resident of a property who is present during the homestay term for the entire time lodgers are staying on the property. The host may be temporarily absent from the property for purposes related to normal residential activities, such as shopping, working, attending classes, etc.; however, the host must be at the property overnight when lodgers are present. homestay lodging; however, the principal resident may act as the host. Homestay lodging uses do not include bed and breakfast lodging uses. (see attached 6/19/18 Staff Report) Town of Cornelius Principal residence means domicile where an individual has a true, fixed, permanent home and principal establishment, and to which place, whenever absent, the individual has the intention of returning. Transient Occupancy Occupancy that is intended to be temporary, or which is offered or advertised as being available for a term less than ninety (90) days. In determining whether a property is used as a transient occupancy, such determination shall be made without regard to the form of ownership of the property or unit, whether the occupant has a direct or indirect ownership interest in the property or unit and without regard to whether the right of occupancy arises from a rental agreement, Transient Occupancy o RP, GR, NR, NMX, TN, TC, VC o Shall not exceed one individual tenancy within a seven consecutive calendar day period o No other use (home occupation, temporary event) shall be permitted in the transient occupancy. o No more than 3 persons per bedroom on premise at all times. o Must designate a local contact person who shall be available 24 hours a day to respond to occupants, neighbor, and Town concern or complaints. Article Transient Occupancy

8 other agreement or the payment of consideration. Occupancy of units for less than three (3) weeks per year are not considered Transient Occupancy. o Copy of monthly financial reports shall be submitted by each Transit Occupancy Permit holder to the Town each month that detail revenue collected and occupancy tax submitted to Mecklenburg County Charlotte Huntersville Charleston Boarding house a dwelling unit with up to six rooms for rent to boarders, or designed and intended to be rented to boarders, but which rooms individually or collectively do not constitute separate dwelling units. No separate cooking facilities will be provided for any boarder. STR a conditional use to provide sleeping accommodations for a period of between one (1) and twenty-nine (29) consecutive days. Short Term Rental, Commercial a conditional use whereby a conforming or legal nonconforming dwelling unit is converted into a fullfunctioning, private accommodations use, which includes cooking, living, sanitary and sleeping facilities within one dwelling unit, to be rented to one (1) Family for a period of between one (1) to twenty-nine (29) consecutive days. Prior to April 2018, Charleston banned short-term rentals. In 2017, the Mayor and City Council recognized the difficulties in enforcing regulations. In April 2018, the city lifted the ban on short-term rentals and established policies. Whole house rentals are not permitted, but the resident only needs to physically reside on the property at least 183 days per year. 5 types of STR Permits: Category 1, Category 3, Category Residential STR Permit or Commercial STR Permit Not regulated; B&B and boarding houses regulated. Short-term rentals are not regulated through the Zoning Ordinance; boarding and rooming houses only regulate room rentals.

9 (Commercial STR Permit is used by the City) Short Term Rental, Residential conditional use whereby the record owner of a property, who is also a resident of the property, uses one (1) or more rooms on the property for the purpose of providing sleeping accommodations for no more than four (4) adults (18 years and older) for a period of between one (1) and twenty-nine (29) consecutive days. (Category 1, Category 2, or Category 3 Residential STR permit is issued by the City)

10 TOWN OF CORNELIUS Planning Department PO Box 399 Cornelius, NC Phone: Fax: Transient Occupancy Permit Application (Renewed Annually by February 2 nd ) Occupancy Taxes Apply see attached The Applicant must complete the following information for an application to be accepted as complete for review. Please type or print all requested information on this form. It is the Applicant s responsibility to notify the Planning Department of any changes to the information on this application. Failure to supply accurate information may result in revocation of the Transient Occupancy Permit. Please note: These are Town zoning requirements only. There may be private restrictions and covenants affecting this use. The Applicant is solely responsible for determining and complying with such private restrictions and will do so at his/her own risk. Transient Occupancy Residence Description: Tax Parcel ID: Subdivision/Condo Project: Physical/Street Address: # Of Bedrooms (Per building code standards & Town of Cornelius Zoning Code): Type of parking and number of cars allowed in each as indicated below: Garage Driveway Designated Space Applicant/Property Owner Information: Name(s): Mailing Address: Street Address/P.O. Box City State Zip Code Please provide the mailing address in your state of residence if different than above: Mailing Address: Street Address/P.O. Box City State Zip Code Home No: Work No: Cell No: Local Contact Person (Must be available 24 hours/day, 365 days/year): Name(s): Address: Street Address/P.O. Box City State Zip Code Home No: Work No: Cell No: Copy of floor plan attached. Copy of Fire Marshal evacuation plan attached. Documentation attached that establishes Transient Occupancy use in existence on or before February 2, 2009 (only for uses without a previous permit or pending permit application as of February 2, 2009). Page 1 of 9

11 TOWN OF CORNELIUS Planning Department PO Box 399 Cornelius, NC Phone: Fax: Please draw a floor plan of the residence, indicating all bedrooms (according to Mecklenburg County Building Code Standards & Town of Cornelius Zoning definition). Be sure to include all floors where bedrooms are located. Page 2 of 9

12 Please read the Permit conditions listed and sign below to indicate that you have read and agree to abide by these Permit conditions TRANSIENT OCCUPANCY (RP, GR, NR, NMX, TN, TC, VC) 1. A Transient Occupancy Permit is required for each residence used for transient occupancy. 2. Each individual Transient Occupancy in existence on February 2, 2009, shall be subject to obtaining a permit and shall comply with all standards set forth in this section within 60 days of the effective date specified above (April 4, 2009) including, but not limited to filing the required Permit application. 3. Transient Occupancy shall not exceed one individual tenancy within a seven consecutive calendar day period whether the residence is occupied or not. 4. A Transient Occupancy shall only be used for that purpose during the occupancy. No other use (i.e. home occupation, temporary event) shall be permitted in the Transient Occupancy. 5. The Transient Occupancy shall not change the residential character of the dwelling or constitute or create a public nuisance as defined within the Code of Ordinances. 6. Exterior signage related to the Transient Occupancy shall not be permitted on any Transient Occupancy. 7. All Transient Occupancy parking shall occur in the garage, driveway, or designated parking space. There should be no more than two cars per bedroom on premise at any time. 8. Trash containers shall be maintained in the side or rear yard and shall be screened from street view. The Owner/Operator of the Transient Occupancy shall ensure that trash pickup occurs at least once a week at the residence and as otherwise needed for additional trash. 9. Transient Occupancy units shall not have more than a total number of persons calculated by three (3) persons per bedroom on the premises at a time. 10. All Owner/Operators of Transient Occupancy shall designate a local contact person who shall be available 24 hours a day to respond to occupants, neighbor and Town concerns or complaints. 11. The Transient Occupancy Permit may not be transferred from one Owner to another or one Transient Occupancy residence to another. 12. Inspections by the Fire Marshal shall be conducted annually to ensure occupancy requirements and safety of structure. 13. Owners/Operators of Transient Occupancies shall make all reasonable efforts to minimize outside noise after 10 PM. Further, all occupants of Transient Occupancy dwelling shall comply with Section Noise of the Town of Cornelius, Code of Ordinances. 14. Evacuation Plan shall be posted on site to ensure safety of the occupants. The Office of the Mecklenburg County Fire Marshall shall have input in developing the Evacuation Plan. 15. Each dwelling shall be required to post maximum occupancy as determined by the Office of the Mecklenburg County Fire Marshall and should be adhered to at all times. 16. Fines for Violation of this section of the Ordinance shall be as follows: a. 1 st Offense: Warning b. 2 nd Offense:$200 c. 3 rd and all subsequent: $ All requirements of this section of the Ordinance shall be posted at all times on the premise of the Transient Occupancy dwelling. 18. Planning Director, at their discretion, may terminate or not renew a Transient Occupancy permit if it is deemed to be in violation of this Ordinance or determined to negatively affect the adjoining neighbors. Appeals to the Planning Director s permit revocation will be heard Page 3 of 9

13 by the Cornelius Board of Adjustment in accordance with the provisions of Chapter 16 of the Land Development Code. 19. A copy of monthly financial reports shall be submitted by each Transit Occupancy Permit holder to the Town each quarter that detail revenue collected and occupancy tax submitted to Mecklenburg County. 20. No special events permits shall be permitted or allowed at dwellings that have an active Transient Occupancy permit. Signature of the Applicant (owner) grants authorization to the Town of Cornelius Planning Department and Police Department and the Mecklenburg County Fire Marshal to inspect the premises of the transient occupancy unit prior to the issuance of the permit and at any other time after issuance of the permit. Signature also certifies that Applicant/Owner has read and examined this application and knows the same is true and correct and agrees to abide by all the above permit conditions at all times. Print Name of Owner Owner Signature Date CORNELIUS STAFF USE: Application Date: Permit #: Current Zoning District: Single Family Multi-Family Maximum number of persons allowed on parcel/premises at any time: Maximum Cars Allowed: Fee: Initial $ Renewal $ Amortization Property (Single-Family in GR or NR only: Yes No Approved Denied Zoning Administrator Date Permit application information provided to Cornelius Police Department: Please initial Page 4 of 9

14 For Applicant Information Only (Note: Mecklenburg County Room Occupancy Tax Return form must be completed each month and file with Mecklenburg County. Please contact the County Tax Office dialing 311 if calling within Mecklenburg County, for calls originating outside of Mecklenburg County, or send an to with any questions. See Regulation No. 19 above for required Town information which is a condition of your permit.) Please note that the following information is provided as a courtesy, was last updated on January 15, 2009 and is available on the North Carolina Department of Revenue website at The Applicant is responsible for insuring compliance with the North Carolina State Department of Revenue as defined below which may be updated at any time in the future without any notification to you. SALES AND USE TAX TECHNICAL BULLETINS SECTION 27 SECTION 27 - HOTELS, MOTELS, INNS, TOURIST HOMES, TOURIST CAMPS AND CABINS AND PRIVATE RESIDENCES AND COTTAGES RENTED TO TRANSIENTS 27-1 TAXABLE GROSS RECEIPTS A. Retailers All persons engaged in the business of operating hotels, motels, inns, tourist homes, tourist camps, and similar type businesses and all persons who rent private residences, condominiums or cottages to transients for consideration are deemed to be retailers and must register with the Department and collect and remit the tax herein required to be paid. The term persons who rent to transients, as used in this Bulletin, includes: 1. owners of private residences, cottages, apartments, condominiums, (time share and interval ownership properties as hereinafter described) and similar places; and 2. real estate agents, including real estate brokers as defined in G.S. 93A-2, who rent any such accommodations to transients on behalf of the owners. When the rental agent is liable for the tax imposed, the owner is not liable. If the owner rents such accommodations to transients, the owner is liable for the tax and must register with this Department for sales and use tax purposes. B. Tax Rate Gross receipts derived from the rental of any room or rooms, lodgings or accommodations furnished by any hotel, motel, inn, tourist camp, tourist cabin and any private residence, condominium (time share and interval ownership properties), cottage or any other place in which rooms, lodgings or accommodations are furnished to transients for a consideration are subject to the general rate of State tax and any applicable local sales or use tax, except as set forth in Paragraphs C. and D. of this Bulletin or as otherwise provided by the statute. Regarding fees or charges associated with accommodation rental, refer to Bulletin 27-5 of this Section. Page 5 of 9

15 C. Rental For 90 Continuous Days Receipts derived from the rental of any room, lodging or accommodation to the same person for a period of 90 continuous days or more are not subject to the tax, and the tax collected from any person prior to the accumulation of such 90 continuous days of occupancy by said person shall be refunded to such person by the retailer collecting the same. A retailer actually making any such refund of tax which he has paid to the Department shall be entitled to claim credit for the tax so refunded on a subsequent return filed by him with the Department. D. Occasional or Isolated Rental of a Private Residence or Cottage Receipts derived from an occasional or isolated rental of a private residence or cottage by the owner for less than a total of 15 days in a calendar year are not subject to sales tax. The 14 days exclusion is applicable only to those private residences and cottages which are not made available for rental to transients. If the private residence or cottage is generally or routinely made available by the owner for rental to transients, the less than 15 days exclusions is not applicable to such rentals and all receipts therefrom are taxable without regard to the aforementioned period. When private residences and cottages are listed with real estate agents, including real estate brokers as defined in G.S. 93A-2, for rental to transients, such private residences and cottages are deemed to be generally available for rental to transients and the less than 15 days exclusion is not applicable to any receipts from such rentals to transients. E. Time Share or Interval Ownership Property Sales of time share or interval ownership property which can be transferred by estate, gift or devise pursuant to deeds or documents under which the owners have a fixed and continuing right to occupy such units during a specified period of time in the same manner as a person who owns or is buying a private residence or cottage are considered to be sales of real property not subject to sales or use tax. When owners of interval ownership and time share property do not occupy the property but rent it to transients or place the property in the hands of a rental agent, including real estate brokers as defined in G.S. 93A-2, for rental on their behalf to transients, such receipts are subject to sales tax and the less than 15 days exclusion is not applicable to any receipts from such rentals as explained in Paragraph D. of this Bulletin. History Note: Authority G.S ; ; ; Issued: June 1, 1996; Revised: January 15, 2009; June 1, 2002; October 15, PURCHASES OF SUPPLIES, EQUIPMENT OR FIXTURES Sales to hotels, motels, inns, tourist homes, tourist camps, and tourist cabins and other places in which rooms, lodgings or accommodations are furnished for a consideration, of any supplies, equipment, or fixtures including but not limited to linens, bathroom supplies, cleaning supplies and furniture are subject to the general rate of State tax and any applicable local sales or use tax. History Note: Authority G.S ; ; ; Page 6 of 9

16 Issued: June 1, 1996; Revised: June 1, PURCHASES OF FOOD For information regarding purchases of foods used in providing complimentary meals or snacks, refer to Sales and Use Tax Technical Bulletin History Note: Authority G.S ; ; ; ; ; Issued: June 1, 1996; Revised: October 15, 1998; March 1, GUARANTEED NO-SHOW FEES A. Guaranteed no-show fees or charges made at the customary or agreed-upon room rate constitute taxable gross receipts provided the customer is entitled to the use of the room for the rental period and the room cannot be rented to another party. A rental has occurred notwithstanding that the customer may choose not to occupy the room. If, under the same circumstances, the amount of the fee is less than the customary room rental rate, the amount charged would constitute a penalty and would not be subject to the applicable sales tax. B. If the party who reserved the room fails to cancel the reservation and the room is subsequently rented to another guest, any fee charged to the guest who originally reserved the room is considered a penalty and is not subject to the tax notwithstanding that the fee may be the customary room rental fee. A rental to the guest who originally reserved the room did not occur since the room was made available for rental to another party. History Note: Authority G.S ; ; ; Issued: October 15, FEES OR CHARGES ASSOCIATED WITH ACCOMMODATION RENTALS A. A. Charges Subject to Sales and Use Tax as Part of Gross Receipts From Accommodation Rentals Charges for certain items of tangible personal property, services, or amenities furnished by a hotel or similar business are considered to be part of the rental of the accommodation and are subject to sales and use tax under G.S (a)(3). Examples of items that are taxable as part of the accommodation rental include: 1. Credit card fees; 2. Damage fees; 3. Early/late departure fees; 4. Extra person charges; 5. In-room safe rentals; 6. Inspection fees; 7. Linen fees; 8. Maid/cleaning fees; 9. Peace of mind fees (similar to insurance but provided by hotel or rental agency rather than third-party carrier); 10. Pet fees (incurred by guests who have pets traveling with them); Page 7 of 9

17 11. Reservation fees (also referred to as a handling, processing, or administrative fee); 12. Security deposits; 13. Smoking fees; 14. Transfer fees (for changing to a different room or unit or a different date); 15. Tentative reservation fees (for priority reservation the following year); 16. Charges for cribs and roll-away beds; and 17. Charges for microwave ovens and refrigerators. B. B. Charges Subject to Sales and Use Tax as Rentals of Tangible Personal Property Charges for rentals of taxable tangible personal property, which are considered separate from the charges for the actual room or accommodation rental are subject to tax under G.S (a)(2). Examples of items that are considered rentals of tangible personal property include: 1. Video tapes, DVDs, and related video equipment; 2. Beach equipment such as chairs, toys, and umbrellas; 3. Recreational equipment such as skis, surf boards, and snorkeling equipment; and 4. Audio visual equipment. C. Charges Not Subject to Sales and Use Tax Certain charges made by hotels and similar type business are considered neither part of the room rental nor rentals of tangible personal property. Such charges are exempt from sales and use tax provided the charges are separately stated. Examples include: 1. banquet room rental and related facility or service fees (unless the rental is in connection with a catered event); 2. cancellation fees; 3. Internet services; 4. laundry services (provided by an outside laundry/dry-cleaning establishment); 5. returned check charges; 6. telephone calls (unless a set fee is charged to all transients regardless of whether calls are made); and 7. trip insurance provided by a third party SPECIFIC TRANSACTIONS A. Vacation Packages History Note: Authority G.S ; ; ; Issued: January 15, Effective January 1, 2007, resorts, hotels, and others that provide taxable accommodations to transients and bundle such accommodations with nontaxable services, such as golf course greens fees, spa treatments, other similar services, and do not separately charge for such services may allocate their charges and charge sales tax on the taxable portion of the bundle as follows: Page 8 of 9

18 a. If the service provider offers all the services in the bundle on an unbundled basis, tax is due on the unbundled price of the taxable service less the discount resulting from bundling. The discount for a service as the result of bundling is the proportionate price decrease of the service, determined on the basis of the total unbundled price of all the services in the bundle compared to the bundled price of the service. b. If the service provider does not offer one or more of the services in the bundle on an unbundled basis, tax is due on the taxable service based on a reasonable allocation of revenue to that service. If the service provider maintains an account of revenue from a taxable service (such as a guest folio), the service provider s allocation of revenue is to that service Note: The bundled services statute contains no provisions to exempt any portion of the charges for services, such as those referenced above, when bundled with a sale of taxable tangible personal property (i.e., meals). 2. Effective October 1, 2007, the bundled transaction statute was rewritten to include provision for a retailer to allocate sales revenues from the sale of a bundled transaction that includes taxable and nontaxable tangible personal property and/or services. Therefore, effective October 1, 2007, resorts, hotels, and other businesses that provide taxable accommodations to transients and bundle such accommodations with nontaxable services, such as golf course greens fees, spa treatments, etc., and taxable tangible personal property, such as meals, and do not separately charge for such services and personal property, may allocate the portion of revenues attributed to taxable accommodations rentals and personal property and collect and remit tax on the tax or the taxable portion. For additional information regarding bundled transactions, refer to Sales and Use Tax Technical Bulletin B. Pay-Per-View Movies Effective January 1, 2007, pay-per-view movies are considered video programming and are subject to the combined general rate of tax under G.S (6). The video programming service provider is liable for collecting the tax, but, depending on the terms of the contract, a hotel may act as agent for the provider and collect the tax from the guest. For additional information regarding video programming, refer to Sales and Use Tax Technical Bulletin History Note: Authority G.S ; ; D; ; Issued: January 15, Page 9 of 9

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20 Short-Term Rentals - Types Homestays: a permanent resident rents individual rooms within his/her residence for overnight lodging Whole-House: an entire dwelling unit is rented for short-term stays

21 Short-Term Rentals: Existing Regulations N.C.G.S. Chapter 42A: The Vacation Rental Act Huntersville Zoning Ordinance: Boarding Houses Huntersville Noise Ordinance, Chapt. 93, Article III of Code

22 The Vacation Rental Act: NCGS Chapter 42A Purpose: Short term rentals present unique situations not normally found in the rental of primary residences for long terms and therefore makes it necessary for the General Assembly to enact laws regulating the competing interests of landlords, real estate brokers, and tenants N.C.G.S. 42A-2

23 The Vacation Rental Act: NCGS Chapter 42A Regulates landlords, brokers and tenants engaged in vacation rentals Does NOT apply to: Lodging provided by hotels, motels, tourist camps and like facilities Rentals to persons temporarily renting a dwelling unit when traveling away from their primary residence for business or employment purposes. Rentals to persons having no other place of primary residence Rentals for which no more than nominal consideration is given

24 The Vacation Rental Act: NCGS Chapter 42A Vacation Rental: the rental of residential property for vacation. Leisure, or recreation purposes for fewer than 90 days by a person who has a permanent place of residence to which he or she intends to return. Requires written agreement Regulates things like security deposits, evictions, fees, condition of premises, responsibility of tenant to maintain unit

25 Huntersville Zoning Ordinance Boarding House: A dwelling unit with up to six rooms for rent to boarders, or designed and intended to be rented to boarders, but which rooms individually or collectively do not constitute separate dwelling units. Huntersville Zoning Ordinance, Allowed in all residential districts except GR Homestays fall within this definition Does NOT regulate Whole-House rentals

26 Huntersville Noise Ordinance: Chapter 93, Article III Sec Unnecessary noise prohibited. It shall be unlawful for any person to create, assist in creating, permit, continue or permit the continuance of any unreasonably loud, disturbing or unnecessary noise in the town. (6) Shouting, calling and the like to attract attention... create an annoyance upon persons on any public street or on neighboring premises or otherwise create a public nuisance. (7) Radios, phonographs and the like... in such a manner as to disturb the peace, quiet and comfort of the neighboring inhabitants...

27 Potential Limitations on Authority to Regulate Short Term Rentals Regulating ownership of property: An owner/occupancy requirement to rent a garage apartment was beyond scope of permissible regulation. - City of Wilmington v. Hill, 189 N.C. App. 173 (2007) Town could not prohibit conversion of apartment building to condominium units for individual sale. Zoning regulates use, not ownership. Tenant occupancy is no different than owner occupancy (with respect to single family occupancies). - Graham Court Assoc. v. Chapel Hill, 53 N.C. App. 543 (1981) Are these limitations applicable to short-term rentals?

28 Potential Limitations on Authority to Regulate Short Term Rentals Vacation Rental Agreements Act: Does this pre-empt local authority to regulate? N.C.G.S. 160A-424 prohibits requiring a permit program or registration program for rental units. Does this ban regulation of short term rentals?

29 Local Bill Clarifies local ability to regulate short term rentals City of Cornelius Example N.C. Sess. Law Notwithstanding G.S. 160A-424(c)... Less than 90 days Exempts 3 weeks per year Allows amortization

30 City / Town Definitions Standards Notes Asheville City of Charlotte Homestay means a private, resident occupied dwelling, with up to two guest rooms where overnight lodging accommodations are provided to transients for compensation and where the use is subordinate and incidental to the main residential use of the building. A homestay is considered a "Lodging" use under this UDO. Vacation resort lodging means a lodging complex of self-contained individual rental housing units intended for short-term rentals. Short-terms means the renting of a property for overnight stays less than 30 days, where the owner does not reside in the home. Short Term Rentals are considered house guests for less than 30 days. Rental of an entire dwelling unit is only permitted in zoning districts that allow lodging $ per day violation relating to renting or leasing dwelling for less than 1 month in districts that do not allow lodging facilities In residential districts short-term rentals are permitted according to the Homestay regulations Full-time resident of property may apply Permit holder must be present during the homestay herm of the entire time lodgers are staying at the property No additional off-street parking is required Length of stay shall not exceed 30 days $ per day fine for violation of homestay regulations Whole-house rentals prohibited in residential zoning and downtown (effective January 2018); allowed in districts where lodging is a permitted use To be a "full time resident," the person must reside on the property on a permanent basis, and it must be the person's primary home For purposes of this homestay ordinance, a person can only have one primary, full time residence, and the homestay must be operated from that primary, full time residence. Hired full time position to manage short-term rentals Not regulated; B&B and boarding houses regulated

31 City / Town Definitions Standards Notes City of Wilmington Homestay means the business engaged in the rental of individual bedrooms within a dwelling unit that serves as the host s principal residence, that provides lodging for pay, for a maximum continuous period of twenty-nine (29) days, that does not include serving food, and to which the definitely of family does not apply. Homestay Host means a permanent, full-time resident of a property who is present during the homestay term for the entire time lodgers are staying on the property. The host may be temporarily absent from the property for purposes related to normal residential activities, such as shopping, working, attending classes, etc.; however, the host must be at the property overnight when lodgers are present. Add regulations for homestay lodging in the residential and historic districts Homestay uses are permitted in single-family zoning districts, including all of the R districts, the HD, HD-R, HDMU districts, and in all of the MF districts. Such uses shall only be allowed in lawfully permitted dwelling units serving as the principal residence of the host. Only the property owner may register a homestay lodging; however, the principal resident may act as the host. Homestay lodging uses do not include bed and breakfast lodging uses. Currently involved in public process for text amendment. Council will be considering the issue of whole-house short term lodging in residential districts on October 2, 2018 Town of Cornelius Principal residence means domicile where an individual has a true, fixed, permanent home and principal establishment, and to which place, whenever absent, the individual has the intention of returning. Transient Occupancy Occupancy that is intended to be temporary, or which is offered or advertised as being available for a term less than ninety (90) days. In determining whether a property is used as a transient occupancy, such determination shall be made without regard to the form of ownership of the property or unit, whether the occupant has a direct or indirect ownership interest in the property or unit and without regard to whether the right of occupancy arises from a rental agreement, other agreement or the payment of consideration. Occupancy of units for less than three (3) weeks per year are not considered Transient Occupancy. Transient Occupancy o RP, NR, NMX, TN, TC, VC o Shall not exceed one individual tenancy within a seven consecutive calendar day period o No other use (home occupation, temporary event) shall be permitted in the transient occupancy. o No more than 3 persons per bedroom on premise at all times. o Must designate a local contact person who shall be available 24 hours a day to respond to occupants, neighbor, and Town concern or complaints. Article Transient Occupancy

32 City / Town Definitions Standards Notes Charleston, SC Huntersville STR a conditional use to provide sleeping accommodations for a period of between one (1) and twenty-nine (29) consecutive days. Short Term Rental, Commercial a conditional use whereby a conforming or legal nonconforming dwelling unit is converted into a full-functioning, private accommodations use, which includes cooking, living, sanitary and sleeping facilities within one dwelling unit, to be rented to one (1) Family for a period of between one (1) to twenty-nine (29) consecutive days. (Commercial STR Permit is used by the City) Short Term Rental, Residential conditional use whereby the record owner of a property, who is also a resident of the property, uses one (1) or more rooms on the property for the purpose of providing sleeping accommodations for no more than four (4) adults (18 years and older) for a period of between one (1) and twenty-nine (29) consecutive days. (Category 1, Category 2, or Category 3 Residential STR permit is issued by the City) Boarding house a dwelling unit with up to six rooms for rent to boarders, or designed and intended to be rented to boarders, but which rooms individually or collectively do not constitute separate dwelling units. No separate cooking facilities will be provided for any boarder. Prior to April 2018, Charleston banned short-term rentals. In 2017, the Mayor and City Council recognized the difficulties in enforcing regulations. In April 2018, the city lifted the ban on short-term rentals and established policies. Whole house rentals are not permitted, but the resident only needs to physically reside on the property at least 183 days per year. 5 types of STR Permits: Category 1, Category 3, Category Residential STR Permit or Commercial STR Permit Short-term rentals are not regulated through the Zoning Ordinance; boarding and rooming houses only regulate room rentals.

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