The URL can be used to link to this page

Home My WebLink AboutHS202300002 Correspondence 2023-02-02Homestays 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 otter no more than five guest bedrooms for lodging. Hocnestays are also known as'short term rentals: 'Airbnb" WRBO." or "transient lodging,' and were previously known in Albemarle County Zoning as "Bedand Breakfasts' or "Accessory Tourist Lodging: How do I start a new homestay? These: steps are for property owners who have nor M rented out o homestay. • Apply for and be appuyed for a Hnme_<try tyou apply Before yapply for your Totting, aearance• retake sure you meet the horttestay Tegulatiom on pages 3. • Apply for a Busing license. and pay your Tratiment (Xculwnty Tares and any required sans, food and beverage, or other tax as directed try the i•tR�Ott c15. anment- • Fatah your Homrstay on the Shstli Time R.•ntal itry,trry (SO fee for first enrollrnent)- • Renew your enrollment on the Short Ti•rn; ltcn_W gCgis n, annually (S2"r for rL ew;tl . see page 2). How do I bring my existing homestay into compliance? These steps arc for property owners who hate already rented cut a homcstay but do rot have a zoning permit. • Apply for a Business License. • 1"4y any unpaid Transient Occupancy Taxes, requiresd sales, food and beverage. or other tax. and interest on the homestays you have already had, as directed by the finance riol,arment. • Rt iew the homcstay regulations (page 3) to ensure you nray operate a homestay. • If you ..ill need a Special Fsception to operate your hotnestay per the regulations table. contact Zoning staff (contact information on page 2) to discuss your application before you suhtml. • if you meet the requ statents, apply for your I lomemay Clearance and enroll on the. than Term Renei- K ,i-A , (SO fM for fI a enrollatem). • Renew your mrollnuent on the Short Temr kc_ntal_ hc4.,tn, annually ($Z,' fur renewal - sec page 2). if you do cannot meet the homestay regulation requ rrments, stop renting your horn -day: tale down your listings, and contact Finance and Zoning (contact information on page 2) to alert them that you are closing your bomestayt What is not allowed? • Renting a horneway rot special events, including weddwgs. without a Special 1.lse• PreccUL • Homescsys m townhouses, ap irunents, duptexes, or cendorninitttn bwkhngs • campanp• is not permitted as a homrst-ry use. What if I already have an approved Bed and Breakfast or Accessory Tourist Lodging permit? You may continue your use in the way it was approved If yuu want to intensify your use (egr offer whole house rinses in the RA on a S. acre parcel) you will need to submit a new application You must enroll an the Shutt TQCn R,-na1 Rexmtry (SO fee for first enrollment). fvery lY months, pas a safety inspection (VA) fee) and renew your enrollment on the Short "1"cnn K�eal R(•gIStR' (,S27 for renewal - we page 2). Albemarle County C:onr uniity Devdaptnent 4n1 McIntire Rd. Chxlortesville. VA 2M2 Phonr434-296 5R32 wwwalbemark.org New Hurr a yApprovd Steyr Sorr+aary Contact ZariV 4.- iwrsyor ()bmin VDH f rxd 'L Seance Rrrrrit q rrAuired- (D2) MattrstrC yoN meet g. safety revirern••.nt& ;a.31 submit liornestay 4- clmmnce ref Mwharnesmy 5. safety nspectao. fi Receive 1pmesiay deorartce appruvat. ReSishPXM the 7. 1 HwimstayR,ristry IP.S) Apply for you & llu-.rrss Lkcroe and pay twr Renew your m$isnarian and y' safely Or6p000n annuaW VfiW is a responsible mint' Thr respansiulc gycrt is u Coon a,rritub'r to noun questions and addim rtoisr ar other dijurboar corrpalird5 d the kwcstay at aR times. The tonfact ,rifarriation fur the Tworciae 43ent rrust be "ntovieled to nelahbws The owner rroy be a responsible o3mi. but reset hamesrayar all rites during the rentaL roomvv.alhrmdtk,ofY/homcaLjX= v. 07.8211 Page i 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 coliform_ 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 llnrtAl 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 (7 all structures used for the homestay, (it) guest bedrooms and guest spaces; (liiy 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. Application fee S. Submit a Short fern. Ktnital 1W"l ry 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 Buslnhi Licemw (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 Slit tri Tt• nn Rv ntul R L-r mE ry application 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. STAFF CONTACT INFORMATION <CA tget a Special Euepnan.' A Speriol E cp vn may or rr4treslnd to Blow rer#m' of Lop to "guea raarns. the uca ofan aucsory structure if nor otherwke dbwed the use of a resident mimasr or to roduer. Or ttbaeks reduirad. but approval is up to thr Board of Superviorr& and is rot suaranteod. If staff determines year homestarwWld re4urte a 5pec4 LAttoort submit a Spewl fxep0on appikation prior to Step 3. your horrctal, wxxid etiteption mif be schedukd on the Board of Syoervlsors axndo and Zm tg staff wtp send rattles to obutiigt pared ownrn prior to the sdr and agenda item staff wiMolso prepare 0 report contoiniM eviderrc to support ariprowf ar dmiaf of the 1pr Exception. Whiding fr mllxwk from your wi,ghbws if provided. The 8aard w.Ygrartordenyyotr Sparad fsap6on at public mectirtg. I a1i•�rer+r. a..w1 _7 Ir ,..,,., :e... Example Flow Plan Sketch: �Do t nccd a VDH EoM Service Permit? if yra+avvc food to your Suez as Port of your hmtestay, aontocr the VDH Food service coruoct bebw, Albrnurle County 7onitg Lea Brurrbddvkebmta Rapdte 434-972-4017 IL,....r:kL':L4rsjrcltl tYor •...��++�••'•+_--_!.L�.e a Albemarle County Fie Marslnt 434-296-5833 Albernarie County Homestrys inspection Keith Bradshaw 434-29t, 5832 x3415 y,tx.d�l mo, -?jlbo n.r l,;.oru Albemarle County Finance office 434-29&5851OM3 ,LbCfOdrfCWUI'1'td'Idn[i•Jta�41:dCICRIi; Vin{nia Delartmetit of Heantl- Wells Alan MutYoMkl Virginia Department of Health -Faod Service Erir Myers rr. rm••r.;.nnih vimim� s` i v. 07.8211 P.rge•. 2 of 5 Homestay Regulations . - Dwelling Type I Required Maximum Use of Accessary Permitted Whole. tiau>r_ Required Zoning Required Setbacks Structure" Guest Rental Permitted Occupancy Permitted Bedrooms Residential (R-11 21 Detached single Primary 4, 6,10,15. VR. PRD, family swuCh, No No' Owner only' PUD, NMD, DCD) �- I Rural Areas Detached single 125 feet from all pared 2' No No Owner only' less than 5 acres Lundy dy boundaries' I Rural Areas Detached single 125 feetfrom Yes, for 7 days/ Yesit built before 5+acres family aR prod 5 month, up to 45 Au gust 7, 2019' Owner only boundaries' d:ry :i jeer 'Nay W usual or modified thnwltt. a 5mcal trrtutwn An Accessory Sbu=re is a structureappro ed bypm•:tter huetiin oc<uputim thM dm ew.eouslifva& admAling rim a batNoom kduwntadlta beYroern Eat, a cuest conap wMh xaIWk apool t.o , a beanwan a er a do twd garage. etc Residency Responsible agent 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 h(t:sc rental below) Proof of residency Acceptaole proof of permanent residence includes- driver's license. voter registration card. US. 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 emerpency 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 atnle to provide this fist 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 singkrfamily dwe•.Iling, 'I.r row•rorkien era row bay.ct rewwn All nvkine er,' &c nu Kt be on -site and not on the street. 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 it 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 ucr approved prior to August 7, 2019 may continue, as it was approved on that date. Pre existing homestays seeking to offer whole house rentals irR t 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 residentially -zoned parcels or RA parcels smaller than 5 acres Number of homestay uses Lach homestay located on a parcel of five acres or more m the Rural Areas district may have up to two homestay uses, provided dPvolry t riphte for a cnrnrvl efwallino aro .wniUhlo v. 07.8.211 Page 3 of 5 Building Official and Fire Rescue Safety Checklist 0 Post the address of the property at the driveway arxl 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(balbemarle.org to obtain additional address numbers if needed. 0 Install a 2A 108C fire rxtir j,vumher in the kitchen area, preteraWy, on a will and not in a cabinet Fire extinguisher ratings are located on the fire extinguisher. 0 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 0 Ensure each bedroom has at least one window or second door that can open large enough to permit escape in the case of a fire_ Windows may rat be painted shut O 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. O Make access to the electrical panel box available to the gxxrts at all times. 0 11ntall and connect smoke alarms per the code sections below: R314.3 Location Smoke alarms shall be installed in the following kaotiorm 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 attic, and riot 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 k)wer level provided that the lower level is less than one full story below the upper level 4. Smoke alarms shall be installed not Ins than 3 feet (914 mm) horifontally from the door or opening of a bathroom that contains a bathtub or shower unless this would prevent placement of a snake. alarm required by Section R314.3. R324.11 Installation near cooking appliance Smoke alarm, shal I 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 instal led less than 101Let (3048 mm) horizontally from a permanently itntalled cooking appliance. 3. Photoelectric smoke alarms shall not be installed less than 6 feet (1828 mm) horizontally from a permanently installed cooking appliance- R314.4 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 inderconrected 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. R314A bower 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, shall receive power from a battery. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection. R314.7 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. R314J_1 General Fire alarm systems shall comply with the provision of this code and the household fire warming equipment provision. of NFPA 72. Smoke detector::hall be listed in accordance with UL 268. R314.72 Location Smoke detectors shall be installed in the locations specified in Section R314.3. R314X3 Permarmntt fixture Where a household fire alarm system is installed, it shall become a permanent fixture of the dwelling unit. R314.7.4 Combiriabon detectors inmbinz6orn smo4r and ryhnn mmn.ide rletK tnrs shall tw o &rmitteA to he imtAs ri in the (.o.Anm <vctemc in liox r of vnruo detectors, provided that they are listed in accordance with UL 268 and UL 207S. Questions? Contact the Safety Inspection Official at kbradshavy0albemarle_ore or 434-296.5832 x3415 www aibcmarfc orv'bomcstays v. 07.8.21 1 Pare 4 of 5 Homestay Zoning Clearance Application -� 401 McIntire Rd-, North Wing - Chadottesvllle,VA22902 Phone 434.296.SW I Fax 434.9T2.4126 Appfiration fee: $173.76 Submit thincompletindapplicition with the fulIuv;in&cjt,::nP or tothe address above- .,�I.n.S+-'s-t5cao,s.o L Floor plarVproperty sketch with LfoPled structLU" Uzed for the hornestay. V.Iest bedrooms, owner's bedroom. outdoor lighting and signage for the homestay, labeled setbacks, and parking (minimum 2 + 1 spoUguest bedroom). 2. Copies of two forms of verification of residency (onc govemmrnt i::und with photo ID • one listing the address • acceptable forms include driver's license, voter registration card. U.S. passpor. others as approvrd by the Zoning Administrator) L Homestay Information ResidentiallyzonedaIdreal area parcels offenthat:arm:r.wyhove..<gues;bedroom: bv-r-'Fht Ux of mxrsbory.trucn es li(oulRbefore Ag0-st'. it)19Jk only permit[edby right cn rtvd ara pours$ d S*acm N91oar house rrnPn' is orJy cmnttaf m rod aep prarels of 51 ave�- AUUaf CITY, STATr, 71P t e, i p 1 TAX Hb1V PARCEL or kWAVNr (A t _ ;�k I mN:Nr. off xNOWNI' AIIVERTISFf) NAAar (:. l h7MI %iAYIIF AG9UCRBLEI. �'t , r t...1 q-RFA61 OF PARCEL No.Oa GUEST IKDR WX ,,_ �USINGACCESSOQY S-R IRFRES' I lff'yu-, QhA! walotI 40uSE RENi:I. DyLS Cre 2. Property Ownrr; Operator Information NANIF --- T—A n _. HnMI LIVwi V. DHONt NUMREk 3. Responsible ApintInformation The reVonsibfeggentmu%tbe avaifabic vAtKn 30 mdGof thehomstoyat aN times d in4a hameaWy",and must respald4ndatfemprin3ood fdMm resohmarycanplaints within 60 mi inutrs of beinS contacted. P< :Mt AUUkt S5 'I(l' i7AIL P•': 4. Signature I hereby apply for approval to conduct the homestay identified abovr, and certify that th is addrras is my Iryal residence, and ❑rat I own the property or that I have recieved a special exception to operate the homestay as a resident manager. I also certify that I haw read the restrictions on homestays, that I u07rstand them) nd that I wLLl abide try them. tI ( r/ FOR OEFfCE USE ONLY M A1n1- f t09 . 4% tole hW: 11n..•Iv �.-p.rNnn Mar -- - .- OP., O Fnl 2.N ,,..., 4. - O 1•v:. ❑ ..1 wonlit CkY RcrMwil M Hsr -__ %VH Macs 13"loorpAn 0Y. Idr ; Ili Aplaovrd ❑ OPtiirrl