Town of Christiansburg Planning Commission 100 East Main Street Christiansburg, Virginia 24073-3029 Telephone: (540) 382-6128 Fax: (540) 382-7338 DEVELOPMENT SUBCOMMITTEE AGENDA Monday, September 24, 2018 Admin Conference Room 2 nd Floor, Town Hall 6:00 PM 1. Call to Order 2. Items for discussion a) Homestay/short-term rental permitted as home occupation, accessory to residential use. b) Consideration of zoning regulations for homestay/shortterm rental. c) Review preliminary schedule for homestay code amendment. 3. Adjournment
Planning Department Staff Report TO: Development Subcommittee SUBJECT: Homestay/Short-term rental DATE: September 21, 2018 Purpose By request from Town Council, the Planning Commission will evaluate the allowance of homestay uses in the Town of Christiansburg. As part of its review, the Planning Commission will consider the appropriate classification of homestay within the Zoning Ordinance along with any reasonable regulations that may be placed on the use. The initial proposal has been drafted by staff and is provided to the Planning Commission s Development Subcommittee to facilitate discussion of the topic. If recommended, the allowance of homestays will require amendments to the Christiansburg Town Code, including Chapter 18, Finance and Taxation and Chapter 42, Zoning. Amendments to Chapter 18, Finance and Taxation are outside the Planning Commission s scope of review, but general discussion regarding the potential fee/taxation structure may be relevant as it relates to the classification of the homestay use within the Zoning Ordinance. Background Homestay is the short-term rental of a residential dwelling. Homestay uses have become popular in recent years with the creation of online exchange platforms including Airbnb, VRBO, HomeAway, and numerous other rental booking companies. In a typical homestay use, the primary occupant of a residential dwelling will rent their home or a portion of the home to guests for a short-term stay. Similar to booking a hotel room online, hosts may use an online platform to list their home for rent on specific dates and guests have the ability to review, reserve and pay for the rental online. The efficiency and convenience of the online marketplace has increased the prevalence of homestay properties in recent years. The ease of use, convenience and alternative lodging options of a homestay may offer benefits that make it a desirable accessory use for residential dwellings. There are also potential impacts to surrounding properties, implications for commercial lodging establishments (e.g., hotels), and the safety of guests that need to be considered when evaluating the permissibility of homestay uses. Page 1 of 5
Homestay Benefits: Host can earn additional income from the short-term rental of their home. Increased tax revenue. Provide alternative lodging options compared to typical hotel accommodations. Promote authentic community experiences for guests. Increased local lodging capacity during peak demand periods (e.g., sporting and tourism events, graduation ceremonies). Impacts for Consideration: Protect the character of residential areas. Promote the safety of guests. Equitable taxation between homestays and commercial lodging establishments. Draft Proposal Staff recommends the following three amendments to the Zoning Ordinance in order to permit a homestay use. The proposed amendments are also provided in the attached draft ordinance amendment. 1. Define Homestay Add a definition for homestay within Sec. 42-1. - Definitions. A draft definition is provided below: Homestay means an accessory use to a dwelling where the occupant offers their primary residence or a portion thereof for short-term occupancy for compensation in accordance with Sec. 42-664. 2. Amend the definition of home occupation The definition of home occupation can be amended to include homestay as a permitted type of home occupation. Inclusion within the home occupation use group has several advantages: The keeping of a single guestroom is listed as a type of home occupation within the current Zoning Ordinance. Expanding the scope to include homestay appears consistent with the spirit of the existing use. Home occupations are permitted as accessory uses to residential uses within each zoning district. The definition of home occupation could be amended without the need to add a new, permitted use to each zoning district. If homestay was added as a new, separate use to each applicable zoning district, the use would not be included within the allowable uses for existing planned housing developments. All of the planned housing developments within Town allow home occupations, as defined by the Zoning Ordinance. Amending the definition of home occupation would enable homestay uses within existing planned housing developments. Page 2 of 5
3. Add Sec. 42-664. - Homestay, within Article XXII. Miscellaneous Provisions Regulations governing the homestay use can be detailed within Sec. 42-664. Homestay. For consideration and discussion, staff has provided the following suggested regulations, based on a review of homestay requirements other communities have adopted. The proposed regulations are organized into three categories (Use/Occupancy, Building Safety, and Site Impacts): A. Use and Occupancy i. The home must be the primary residence of the host. Some localities restrict homestays to owner-occupied dwellings. The regulation proposed would allow lessees to offer their home for short-term rent, but it does require the home serve as their primary residence and prevents a homestay from functioning as the dwelling s primary use. ii. iii. iv. No additional services, including the provision of food, beverages, or other event services shall be provided. This condition provides a distinction between homestays and bed & breakfast inns and restricts serving of meals and hosting events activities allowed for bed & breakfast inns. The homestay use is confined to the primary structure. The use of accessory structures for living accommodations is prohibited. With limited exceptions, the Zoning Ordinance does not allow for accessory dwelling units. While guests may be allowed to utilize an accessory garage or storage building, living and sleeping areas should be confined to the main home. The minimum contract rental period is 24 hours. A minimum rental period reduces the frequency of turnover activities (checkin/check-out and housekeeping services) and also discourages rental for non-lodging activities. v. The dwelling, in whole or in part, shall not be rented more than 90 days in a calendar year. 90 days represents 25% of the days in a year and averages 1.7 days a week. Staff suggests 90 rental days approaches the upper limit of when the homestay would remain an accessory use to the primary residence. vi. Occupancy is limited to a family and up to 2 unrelated individuals (and never more occupants than allowed by the Virginia Uniform Statewide Building Code). This is consistent with occupancy standards for residential dwellings under the Zoning Ordinance. Page 3 of 5
B. Building Safety i. The dwelling must contain a working fire extinguisher. ii. iii. iv. Every room where guests sleep must have a smoke detector. Carbon monoxide detectors are required if the dwelling has gas heaters/appliances or an attached garage. The dwelling shall provide ingress/egress as required by the Virginia Uniform Statewide Building Code. v. A safety inspection shall be performed by the Building or Fire Department prior to issuance of permit. These requirements have been reviewed by the Building Official and are intended to promote life safety in the event of a fire, gas leak, or other emergency. C. Site Impacts i. No outdoor signs in conjunction with the homestay may be displayed on the property. Signs are not allowed with minor home occupations. If homestays are permitted as a home occupation, this condition is redundant and may not need to be stated, but is included for consideration. ii. iii. iv. Parking for the homestay use must be confined to the driveway or within the garage. On-street parking for the homestay use is prohibited, except in the B-2, Central Business District. Guests are prohibited from parking recreational vehicles, trailers, buses, commercial vehicles and other vehicles of a similar character on the property. The garbage and recycling collection schedule and guidelines must be posted in a prominent location inside the dwelling. Limitations on parking and proactive measures to encourage proper garbage disposal help mitigate aesthetic and nuisance issues that can be disruptive and impactful to nearby residences. The suggested conditions are provided for the Development Subcommittee s consideration and each condition should be evaluated on whether it can be recommended as is, modified, or eliminated. Other conditions suggested by the Committee for consideration are also encouraged. Page 4 of 5
Next Steps Given the number of items for consideration, an additional subcommittee meeting will likely be necessary before a draft recommendation can be forwarded to the full Planning Commission. The public hearing has not yet been scheduled. Attachment included with staff report: 1. Draft ordinance amendment dated 9/21/2018 Page 5 of 5
DRAFT September 21, 2018 AN ORDINANCE TO AMEND CHAPTER 42 ZONING, ARTICLE I. IN GENERAL SECTION 42.1 DEFINITIONS AND ARTICLE XXII. MISCELLANEOUS PROVISIONS OF THE CHRISTIANSBURG TOWN CODE TO AMEND DEFINITION OF HOME OCCUPATION; ADD DEFINITION OF HOMESTAY; ADD SECTION 42-664 HOMESTAY WHEREAS, notice of a public hearing before the Christiansburg Planning Commission concerning this ordinance was published two consecutive weeks (## and ##) in The News Messenger, a newspaper published in and having general circulation in the Town of Christiansburg; and, WHEREAS, a public hearing of the Planning Commission was held ## and resulted in a recommendation by the Planning Commission that the following proposed zoning ordinance amendment be adopted; and, WHEREAS, notice of the public hearing before the Town Council concerning this ordinance was published two consecutive weeks (## and ##) in The News Messenger, a newspaper published in and having general circulation in the Town of Christiansburg; and, WHEREAS, the Town Council s public hearing was held ##; and, WHEREAS, Town Council has considered the following amendment to the Town s Zoning Ordinance and found that the public necessity, convenience, and good zoning practices deem it proper to do so; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Christiansburg, Virginia, that Chapter 42 Zoning, Article I In General, Section 42-1 Definitions ; and Article XXII Miscellaneous Provisions of the Christiansburg Town Code be amended as follows: Chapter 42 ZONING ARTICLE I. IN GENERAL Sec. 42-1. Definitions. * * * * * * The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: * * * Home occupation means any occupation, profession or enterprise conducted by one or more members of a family residing on the premises which is incidental and secondary to the use of the premises for dwelling purposes, provided that not more than 1
DRAFT September 21, 2018 one person other than a family member of the resident family is employed on the premises. Home occupations would include any activity for remuneration and would include, but would not be limited to, activities such as the keeping of files, sending and receipt of mail, accounting and filing of taxes associated with the activity associated with remuneration. See section 42-8 for conditional use permit requirements. When within this requirement, a home occupation includes, but is not limited to, the following: (1) Art or photography studio; (2) Dressmaking; (3) Professional office of a physician, therapist, dentist, minister, lawyer, engineer, architect, accountant, salesman or other similar occupation; (4) Typing, word processing or computer operation; (5) Teaching with musical or educational instruction limited to two pupils at a time; (6) Keeping of a single guestroom Homestay; (7) Single-chair beauty parlors and barbershops, as major home occupation. However, a home occupation shall not be interpreted to include the conduct of nursing homes, convalescent homes, rest homes, antique or craft resale, restaurants, tearooms, tourist homes, fortunetellers or similar establishments. * * * Homestay means an accessory use to a dwelling where the occupant offers their primary residence or a portion thereof for short-term occupancy for compensation in accordance with Sec. 42-664. * * * ARTICLE XXII. MISCELLANOUS PROVISIONS Sec. 42-664. Homestay Homestays are subject to the following regulations and restrictions: 1) The home must be the primary residence of the host. 2) No additional services, including the provision of food, beverages, or other event services shall be provided. 3) The homestay use is confined to the primary structure. The use of accessory structures for living accommodations is prohibited. 4) The minimum contract rental period is 24 hours. 2
DRAFT September 21, 2018 5) The dwelling, in whole or in part, shall not be rented more than 90 days in a calendar year. 6) Occupancy is limited to a family and up to 2 unrelated individuals (and never more occupants than allowed by the Virginia Uniform Statewide Building Code). 7) The dwelling must contain a working fire extinguisher. 8) Every room where guests sleep must have a smoke detector. 9) Carbon monoxide detectors are required if the dwelling has gas heaters/appliances or an attached garage. 10) The dwelling shall provide ingress/egress as required by the Virginia Uniform Statewide Building Code. 11) A safety inspection shall be performed by the Building or Fire Department prior to issuance of permit. 12) No outdoor signs in conjunction with the homestay may be displayed on the property. 13) Parking for the homestay use must be confined to the driveway or within the garage. On-street parking for the homestay use is prohibited, except in the B-2, Central Business District. 14) Guests are prohibited from parking recreational vehicles, trailers, buses, commercial vehicles and other vehicles of a similar character on the property. 15) The garbage and recycling collection schedule and guidelines must be posted in a prominent location inside the dwelling. This ordinance shall become effective upon adoption. If any part of this ordinance is deemed unlawful by a court of competent jurisdiction all remaining parts shall be deemed valid. Ordinances or parts of any ordinances of the Town whose provisions are in conflict herewith are hereby repealed. Upon a call for an aye and nay vote on the foregoing ordinance at a regular meeting of the Council of the Town of Christiansburg, Virginia held, 2018, the members of the Council of the Town of Christiansburg, Virginia present throughout all deliberations on the foregoing and voting or abstaining, stood as indicated opposite their names as follows: 3
DRAFT September 21, 2018 MEMBER AYE NAY ABSTAIN ABSENT Samuel M. Bishop Harry Collins Steve Huppert Merissa Sachs Henry Showalter Bradford J. Stipes Mayor D. Michael Barber* *Votes only in the event of a tie. D. Michael Barber, Mayor Michele M. Stipes, Town Clerk 4