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Regulations of Short Term Rentals

Post Date:11/02/2017

Problems associated with short-term rentals in the single-family districts include noise, increased traffic, lack of neighborhood security due to unknown occupants, garbage not properly disposed, and traditional residential neighborhoods becoming commercial “hotel districts”.

The following is a brief list of regulations and facts concerning the short-term rental of dwelling units:

Definition:

Short-Term Rental of a Dwelling Unit.  The rental, lease, or use of an attached or detached residential dwelling unit for a duration that is less than 28 consecutive days.  Short-term rental use does not include rooming houses, boarding houses, or bed and breakfast establishments, which are specifically addressed as separate uses within the Table of Permissible Uses.

* Short-term rental of dwelling units is permitted in the General Business, Town Center, Central Business, and Office-Institutional zoning districts as well as the R-6M/PUD zoning district of Chetola Resort, Chateaux Cloud and the Royal Oaks condominiums.

* A short-term overlay district can be approved by Town Council within the R-10M or R-6M zoning districts, but certain conditions must be met to establish this overlay district.  A short-term rental overlay district was established at the Royal Oaks Condominium Complex when requested by the POA.

* Short-term rental is not permitted in any other residential districts.

* Regulations pertaining to short-term rental are also applicable in the Town’s Extraterritorial Jurisdiction (ETJ).

* Enforcement of short-term rental violations is typically centered on complaints received from neighboring property owners, but other evidence such as web sites and rental publications can also be used in enforcement.  Town staff can also obtain administrative search warrants to collect documents and the Board of Adjustment has subpoena powers.

* The civil penalties for short-term rental violations are $500.00 per day.

* To comply with Town Code, rental contracts must be for 28 days or greater.  Renters may not sublease their rental contract to other parties within the same 28-day period.

For example: If a house sleeps 8 people, two families of four may rent the dwelling unit for 28 days, but no other families may occupy the unit during the entire 28-day period.

If you have any questions concerning this matter, please feel free to call the Planning and Inspections Office at (828) 295-5240