HomeMy WebLinkAboutHS202200038 Application 2022-08-31Homestays
Information Packet and Application Form
This packet is designed to provide homestay operators with the information and materials needed
for successful compliance with Zoning regulations.
What is a homestay?
A "homestay" provides lodging and rooms to guests for less than 30 days, is accessory to a full-
time residence, and may offer no more than five guest bedrooms for lodging. Homestays are
also known as "short term rentals," "Airbnb," "VRBO," or "transient lodging," and were previously
known in Albemarle County Zoning as "Bed and Breakfasts" or "Accessory Tourist Lodging."
How do I start a new homestay?
These steps are for property owners who have not yet rented out a homestay.
• Apply for and be approved for a Homestay Clearance. Before you apply for your Zoning
Clearance, make sure you meet the homestay regulations on pages 3.
• Apply for a Business License, and pay your Transient Occupancy Taxes and any required
sales, food and beverage, or other tax as directed by the Finance department.
• Enroll your Homestay on the Short Term Rental Registry ($0 fee for first enrollment).
• Renew your enrollment on the Short Term Rental Reeistry annually ($27 for renewal - see
page 2)•
How do I bring my existing homestay into compliance?
These steps are for property owners who have already rented out a homestay, but do not have a zoning permit.
• Apply for a Business License.
• Pay any unpaid Transient Occupancy Taxes, required sales, food and beverage, or other tax,
and interest on the homestays you have already had, as directed by the Finance department.
• Review the homestay regulations (page 3) to ensure you may operate a homestay.
• If you will need a Special Exception to operate your homestay per the regulations table,
contact Zoning staff (contact information on page 2) to discuss your application before you
submit.
• If you meet the requirements, apply for your Homestay Clearance and enroll on the.
Short Term Rental Registry ($0 fee for first enrollment).
• Renew your enrollment on the Short Term Rental Ret?'istry annually ($27 for renewal - see
page 2)•
If you do cannot meet the homestay regulation requirements, stop renting your homestay,
take down your listings, and contact Finance and Zoning (contact information on page 2) to
alert them that you are closing your homestay.
What is not allowed?
• Renting a homestay for special events, including weddings, without a Special Use Permit
• Homestays in townhouses, apartments, duplexes, or condominium buildings.
• Camping is not permitted as a homestay use.
What if I already have an approved Bed and Breakfast or
Accessory Tourist Lodging permit?
• You may continue your use in the way it was approved.
• ff you want to intensify your use (e.g offer whole house rentals in the RA on a 5+ acre parcel)
you will need to submit a new application.
• You must enroll on the Short Term Rental Reogry ($0 fee for first enrollment). Every 12
months, pass a safety inspection ($50 fee) and renew your enrollment on the Short Term
Rental Regis($27 for renewal - see page 2).
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' GIRGINIP
Albemarle County
Community Development
401 McIntire Rd.
Charlottesville, VA22902
Phone 434-296-5832
www.albemarle.org
New HomestayApproval
Steps Summary
Contact Zoning
1.
Staff to discuss your
homestay.
Obtain VDH Food
2
service Permit if
required. (p.2)
Make sure you meet
3.
safety requirements.
(p.3)
Submithomestay
4.
clearance
application. (p.2)
Get your homestay
5,
safety inspection.
(p.3)
6
Receive homestay
clearance approval.
Register on the
7.
Homestay Registry.
(p.5)
Apply for your
$.
Business License
and pay taxes.
Renew your
9'
registration and
safety inspection.
annually.
What is a responsible agent?
The responsible agent is a
person available to answer
questions and address
noise or other disturbance
mmpolints at the homestay
at all times. The contact
information for the
responsible agent must be
provided to neighbors.
The owner may be
responsible agent, but must
be within 30 miles of the
homestay at all times during
the rental.
v. 07.8.21 1 Page 1 of 5
Homestay
Zoning Clearance Instructions
1. Verify you meet all the regulations on page 3. If you aren't sure whether you meet them,
or will need a special exception, contact a Zoning staff member (contact information
below) to discuss your application before applying.
2. If your home is served by a private well, the Virginia Department of Health (VDH)
strongly recommends a water sample test for col iform. If you will be serving food to your
guests, contact the VDH (contact information below) to determine whether you must
pursue a Food Service Permit.
3. Submit your application to Community Developement through the online application
portal or via mail or in person to:
Albemarle County Community Development
401 McIntire Road
Charlottesville, VA 22902
Your application must include:
a. Completed homestay application (page 5 of this application).
b. A floor sketch plan labeled with (i) all structures used for the homestay, (ii) guest
bedrooms and guest spaces; (iii) access to the parcel, on -site parking, outdoor
lighting, signage, and setbacks (basic example at right).
C. Two forms of identification showing proof of residence (driver's license and voting
registration are preferred).
d. Applicationfee
5. Submit a Short Term Rental Regis W application to enroll on the Registry ($0 fee for first
enrollment).
6. County Zoning staff will email or mail you a list of abutting parcel owners and a notice
template. Send mailed notice of your application to the owners on the list and provide a
copy of the notice to Albemarle County.
7. Complete the Homestay Safety Checklist (page 4), then contact the Safety
Inspection Official (contact information below) to arrange for your safety inspection.
8. If all inspections and reviews are approved, you will receive an emailed copy of your
approved Zoning Clearance application.
Following approval
Apply for a Business License (if not already completed).
• Each year following the approval of your application, Zoning staff will contact you when
it is time to renew your enrollment on the Short Term Rental Registry. Schedule your fire
safety inspection with the Fire Marshal's office ($50 fee - contact information below).
Following a passing inspection, submit a new Short Term Rental Registrvapplication to
renew your enrollment on the Registry ($27 fee for renewal).
• If you close your homestay, contact the Finance office and Zoning staff within 30 days to
confirm the date of closure.
Albemarle County Zoning
Albemarle County Fire Marshal
Albemarle County Homestays Inspection
Albemarle County Finance office
STAFF CONTACT INFORMATION
<Can 1 get a Special
Exception?
A Special Exception may be
requested to allow rental of
up to five guest rooms, the
use of on accessory structure
if not otherwise allowed, the
use of a resident manager,
or to reduce the setbacks
required, but approval is up
to the Board of Supervisors,
and is notguoranteed.
If staff determines your
homestay would require
a Special Exception,
submit a Special Exception
application prior to Step
3. Your homestayspecial
exception will be scheduled
on the Board of Supervisors'
agenda and Zoningstoff
will send notices to abutting
parcel owners prior to the
scheduled agenda item. Staff
will also prepare a report
containing evidenceto
support approval or denial
of the Special Exception,
including feedback from your
neighbors if provided. The
Board will grant or deny your
Special Exception at a public
meeting.
I3rd Parking
<Example Floor Plan Sketch:
<Do 1 need a VDH Food
Service Permit?
If you serve food to your
guests as part of your
homestay, contact the VDH
Food Service contact below.
Lea Brumfield or Rebecca Ragsdale 434-972-4017 brumfield0albemarle ore orrragsdale0albemarle ore
434-296-5833
Keith Bradshaw 434-296-5832 x3415 kbradshaw(@albemarleorg
Virginia Department of Health - Wells Alan Mazurowski
Virginia Department of Health - Food Service Eric Myers
434-296-5851opt.3 albemarlecountvfinanceCaalbemarle.ore
alan mazurowski(avdh viginia gov
eric.m_yers(a vdh.virginiaTeov
v. 07.8.21 1 Page 2 of 5
Homestay Regulations
Maximum
Use of Accessory
Zoning
Dwelling Type
Required
Permitted
Whole House
Structure*,
Required
Required
Setbacks
Guest
Rental Permitted
Permitted
Occupancy
Bedrooms
Residential (R-1, 21
Detached single
Primary
4, 6,10,15, VR, PRD,
family
structure*
2
No
No*
Owneronly*
PUD, NMD, DCD)
Rural Areas
Detached single
125feet from
Tamil
all parcel
2*
No
No*
Owneronly*
less than 5 acres
y
boundaries*
Rural Areas
Detached single
125 feet from
Yes, for 7 days/
Yes, if built before
5+acres
family
all parcel
5
month, up to 45
August7,2019*
Owneronly
boundaries*
days/year
*May be waived or modified through a Special Exception
**An Accessory Structure is a structure approved by permit for human occupation that does not quality as a dwelling, with a bathroom, kitchen facilities, bedroom. E.g. a guest
cottage without a kitchen, a pool house, a bedroom over a detached garage, etc
Residency
The owner of the parcel on which a homestay is located must
reside on the parcel for a minimum of 180 days in a calendar year
and be present during homestay rentals. Standard homestays
are only permited during the 180 days of residency. (See whole
house rental below.)
Proof of residency
Acceptable proof of permanent residence includes: driver's
license, voter registration card, U.S. passport, or other
document(s) that the zoning administrator determines provide
equivalent proof of permanent residence at the subject
property.
Notice
The owner of a parcel conducting a homestay use must
provide the name, telephone number, and emergency contact
information of the owner and other any responsible agent to
abutting property owners on an annual basis. Provide a copy of
the notice to the zoning administrator within five business days
upon request.
Whole house rental
Whole house rental is a homestay during which the owner is
not staying on the parcel. A responsible agent must be nearby
during these rentals. The owner must track whole house rentals
and be able to provide this list to the zoning administrator upon
request. Only 5+ acre Rural Areas (RA) parcels may have whole
house rentals.
Parking
Requirement of two parking spaces per single-family dwelling,
plus one parking space per guest room. All parking spaces must
be on -site and not on the street.
Responsible agent
The responsible agent must be available within 30 miles of the
homestay at all times during a homestay use and must respond
and attempt in good faith to resolve any complaint(s) within 60
minutes of being contacted. The responsible agent may initially
respond to a complaint by requesting homestay guest(s) to
take such action as is required to resolve the complaint. The
responsible agent also may be required to visit the homestay if
necessary to resolve the complaint.
Building code, fire, health approvals
Before the homestay application is submitted, obtain approval
of the use from the Virginia Department of Health if necessary
(see page 2). After the application is submitted, obtain a safety
inspection approval (see page 2).
Pre-existing uses
Any bed and breakfast or tourist lodging use approved prior to
August 7, 2019 may continue, as it was approved on that date.
Pre-existing homestays seeking to offer whole house rentals
must reapply.
Accessory structures
Homestays on 5+acre parcels in the RA may use accessory
structures like detached garage apartments, renovated barns,
guest houses, etc if the structures were built on or before August
7, 2019. Accessory structures built after August 7, 2019, or on
residential ly-zoned parcels or RA parcels smaller than 5 acres.
Number of homestay uses
Each homestay located on a parcel of five acres or more in the
Rural Areas district may have up to two homestay uses, provided
development rights for a second dwelling are available.
v. 07.8.21 1 Page 3 of 5
Building Official and Fire Rescue Safety Checklist
❑ Post the address of the property at the driveway and on all structures, if the property has more than two structures. Each structure
used for sleeping must have its own address. Contact County GIS division at remerick@albemarle.org to obtain additional address
numbers if needed.
❑ Install a 2A:10BC fire extinguisher in the kitchen area, preferably on a wall and not in a cabinet. Fire extinguisher ratings are located
on the fire extinguisher.
❑ Post an emergency evacuation floor plan showing direction to the exterior and containing the 911 address of the property in each
guest room. This is similar to the diagram you see on the back of your hotel room door showing where to go in an emergency.
❑ Ensure each bedroom has at least one window or second door that can open large enough to permit escape in the case of afire.
Windows may not be painted shut.
❑ Ensure no extension cords are be used in lieu of permeant wiring. Power strips are allowed if sized properly and contain overcurrent
protection built into the strip.
❑ Make access to the electrical panel box available to the guests at all times.
❑ Install and connect smoke alarms per the code sections below:
11314.3 Location.
Smoke alarms shall be installed in the following locations:
1. In each sleeping room.
2. Outside each sleeping area in the immediate vicinity of the bedrooms.
3. On each additional story of the dwelling, including basements and habitable attics and not including crawl spaces and uninhabitable
attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm
installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the
upper level.
4. Smoke alarms shall be installed not less than 3 feet (914 mm) horizontally from the door or opening of a bathroom that contains a
bathtub or shower unless this would prevent placement of a smoke alarm required by Section R314.3.
11314.11A Installation near cooking appliance
Smoke alarms shall not be installed in the following locations unless this would prevent placement of a smoke alarm in a location required
by Section R314.3.
1. Ionization smoke alarms shall not be installed less than 20 feet (6096 mm) horizontally from a permanently installed cookign
applicance.
2. Ionization smoke alarms with an alarm -silencing switch shall not be installed less than 10 feet (3048 mm) horizontally from a
permanently installed cooking appliance.
3. Photoelectric smoke alarms shall not be installed less than 6 feet (1828 mm) horizontally from a permanently installed cooking
appliance.
R314A Interconnection
Where more than one smoke alarm is required to be installed within an individual dwelling unit in accordance with Section R314.3, the
alarm devices shall be interconnected in such a manner tha the actuation of one alarm will activate all the alarms in the individual dwelling
unit. Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound upon
activation of one alarm.
11314.6 Power Source
Smoke alarms shall receive heir primary power from the building wiring where such wiring is served from a commercial source and, where
primary power is interrupted, shal I receive power from a battery. Wiring shall be permanent and without a disconnecting switch other than
those required for overcurrent protection.
11314.7 Fire alarm systems
Fire alarm systems shall be permitted to be used in lieu of smoke alarms and shall comply with Sections R314.7.1 through R314.74.
11314.7.1 General
Fire alarm systems shall comply with the provisions of this code and the household fire warming equipment provisions of NFPA 72.
Smoke detectors shall be listed in accordance with UL 268.
R314.7.2 Location
Smoke detectors shall be installed in the locations specified in Section R314.3.
11314.7.3 Permanent fixture
Where a household fire alarm system is installed, it shall become a permanent fixture of the dwelling unit.
R314.7A Combination detectors
Combination smoke and carbon monoxide detectors shall be permitted to be installed in the fire alarm systems in lieu of smoke
detectors, provided that they are listed in accordance with UL 268 and UL 2075.
Questions? Contact the Safety Inspection Official at kbradshaw0albemarle.org_or 434-296-5832 x3415
www.albemarle.ore/homestays v. 07.8.21 1 Page 4 of 5
Homestay
L
Zoning Clearance Application
Albemarle County
Community Development
401 McIntire Rd., North Wing
is
Charlottesville, VA22902
Phone 434.296.58321 Fax 434.972.4126
Application fee: $173.76
Submit this completed application with the following online or to the address above: Application $119 +Technology Surcharge $4.76 + lnsPcfion $so
1. Floor plan/property sketch with labeled structures used for the homestay, guest bedrooms, owner's bedroom, outdoor lighting
and signage for the homestay, labeled setbacks, and parking (minimum 2 + 1 spot/guest bedroom).
2. Copies of two forms of verification of residency (one government issued with photo ID+one listing the address - acceptable forms
include driver's license, voter registration card, U.S. passport, others as approved by the Zoning Administrator)
1. Homestay Information
Residentially zoned and rural area parcels of less than 5 acres may have 2uuest bedrooms by -right. Use of accessorystructures (if built before August 7, 2019) is
onlypermitted by -right on rural area parcels of 5+acres. Whole house rental is only permitted on rural area parcels of 5+acres.
ADDRESS:
CITY, STATE, ZIP:
TAX MAP PARCEL (IF KNOWN):
ZONING (IF KNOWN):
ADVERTISED NAME OF HOMESTAY (IF APPLICABLE):
ACREAGE OF PARCELt--
NO. OF GUEST BEDROOMS:
USING ACCESSORY STRUCTURES?
❑ YES ❑ NO
WHOLE HOUSE RENTAL?
❑ YES ❑ NO
2. Property Owner/Operator Information
NAME:
HOMEADDRESS:
CITY, STATE, ZIP:
PHONE NUMBER:
EMAIL:
3. Responsible Agent Information
The responsible agent must be available within 30 miles of the homestay of all times duringo homestay use, and must respond and attempt in good folth to
resolve any complaints within 60 minutes of being contacted.
NAME:
HOMEADDRESS:
CITY, STATE, ZIP:
PHONE NUMBER:
EMAIL:
4.Signature
I hereby apply for approval to conduct the homestay identified above, and certify that this address is my legal residence, and that I own
the property or that I have recieved a special ex9eption to operate the homestay as a resident manager. I also certify that I have read the
restrictions on homestays, that I understand tlm, ao that I will abide by them.
SIGNATURE: DATE:
FOR OFFICE USF ONLY
Fee Amt: $169 +4% Date Paid: Safety inspection date: ❑ Pass ❑ Fail 2nd inspection date: ❑ Pass ❑ Fail
Receipt#: VDH Food Service (if necessary): ❑Floorplan ❑ Parking ❑ ID
Ck#: Notes: Reviewd By:
Received by: Date:
HS# ❑ Approved ❑ Denied