Homestay Feb 12 PC Work Session

albemarlezoning

ZTA 2017-01 Homestays

Planning Commission

Work Session

February 12, 2019


Purpose of Work Session

I. Review Potential Home Stay Changes

II.

Receive Planning Commission Input on the

following:

A. Special exception criteria

B. Emergency Contact/Responsible Agent

C. Grandfathering (“pre-existing use exemption”)


Basic Information

• Transient lodging is less than 30 consecutive days.

• What are Homestays?

• Can I rent out my whole house long term?

• What is a “pre-existing use exemption” ?


Purpose of Text Amendment

• Address Comprehensive Plan strategy that

recommends study of transient lodging in both the

Rural Area and Development Area to determine if

regulatory changes should occur

• Preserve residential character while allowing

reasonable accessory use of residences

• Rural Area protections

• Ensure safety of guests and the public


Process to-date

• Zoning Text Amendment (ZTA) was initiated by the

BOS on May 3, 2017

• A series of public input meetings were held in Sept.

2017, then series of PC work sessions

PC Public Hearing April 2018

• Board held a series of work sessions (June, July, Sept.,

Nov. 2018)

• Public Input Meeting January 2019


Current Zoning Regulations

Accessory Tourist Lodging (ATL) in DA and Bed & Breakfast (BNB) in the RA

What you can do

• Rent up to 5 rooms

inside a single family

detached (SFD) structure

• In DA, owner/tenant

must reside in SFD

• In RA, rental may be in

accessory structures or

SFD; owner or manager

must reside on parcel,

you may also have a

second BNB

What you can’t do

• Rent without owner or

manager present “whole

house rental”

• Rent rooms in a

townhouse or apartment

unit

• Rent a detached

structure in the DA

• Have weddings or other

special events w/o SP in

RA


Proposed Regulations - Framework

• Continue allowing this use only accessory to Single

Family Detached

• Two regulatory frameworks:

• Rural Area parcels less than 5 acres similar to

Residential zoned parcels

• Rural Areas parcels 5 acres or greater


Proposed Regulations - General

• Owner/operator or manager must reside on

property

• Clarify parking for all homestays must be offstreet/on-site

• Require annual safety inspections and annual

registry for all homestays

• Require a responsible agent to be available during

homestay rental


Proposed Regulations

• Reduce number of guest rooms from 5 to 2 for

Residential and RA zoned parcels less than 5 acres

• Increase Rural Area setbacks for home stay use

• Allow whole house rental on Rural Area parcels

greater than 5


Homestays Rural Area 5 or more acres

• Owner/operator or a manager must reside

on the parcel* (*applies to all home stays)

• Only permitted in a single-family detached

dwelling*

• All parking is required to be off-street*

• Whole house rental permitted for a

maximum of 45 days/year

• No more than 5 guest rooms are permitted

125-foot setback from any abutting lot

• Use of an accessory structure may be

allowed

• Use of second Homestay use , if zoning

density allows


Homestays Residential and

Rural Area Zoned less than 5 acres

• Owner/operator of the parcel or a

manager must reside on the

parcel* (*applies to all home stays)

• Only permitted in a single-family

detached dwelling*

• All parking is required to be offstreet*

• No whole house rental

• No more than 2 guest rooms are

permitted

• Use of accessory structure not

allowed


Planning Commission Input

1. Special exceptions:

• Do you have any comments on regulations

that may be waived or modified?

• Do you have any comments on review

criteria?

2. Emergency Contact/Responsible Agent

3. Grandfathering “pre-existing use exemption”


Possible Special Exceptions

1. Guest Rooms- Would allow increase from 2

guest rooms up to 5 guest rooms for

Residential and RA parcels less than 5 acres

2. Setbacks- Would allow reduction to 125-foot

setback from any abutting lot in the Rural

Areas

3. Accessory Structures in RA- Would allow use of

an accessory structure in the Rural Areas on

lots less than 5 acres in size


Special Exception Criteria

i. No substantial detriment to abutting property

owners

ii.

No harm to public, health, safety, or welfare

iii. Notice to abutting property owners shall be

provided and any objections from abutting

owners considered when acting on a special

exception


Emergency Contact/Responsible Party

• Notice Required to abutting property owners of

proposed homestay with operator’s contact

information

• Expectations of responsible party:

o Available 24 hours per day, seven days per

week to respond to complaints

o Respond to a complaint within 60 minutes of

receiving notice of such complaint

o Located within 30 miles during home stay


Grandfathering

“pre-existing use exemption”

Any homestay use established and properly

licensed (legally in existence) before the

adoption of the ordinance would be subject

to its existing approval.


Planning Commission Input

1. Special exceptions:

• Do you have any comments on regulations that

may be waived or modified?

• Do you have any comments on review criteria?

2. Do you agree with the proposed requirements

for an Emergency Contact/Responsible Agent?

3. Do you agree with the provisions for

grandfathering?


Next Steps

PC Public Hearing April 23

• BOS Public Hearing TBD, likely end of May or

early June

More magazines by this user
Similar magazines