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HomeMy WebLinkAbout021-22 (OrdAmendmentChapter165Zoning(ShortTermLodging)) w Action: PLANNING COMMISSION: September 7, 2022 BOARD OF SUPERVISORS: September 28, 2022 ADOPTED AN ORDINANCE AMENDING THE FREDERICK COUNTY CODE CHAPTER 165 ZONING ORDINANCE CHAPTER 165- ZONING ARTICLE I General Provisions;Amendments; and Conditional Use Permits PART 101. - GENERAL PROVISIONS §165-101.02. Definitions and word usage CHAPTER 165 -ZONING ARTICLE II Supplen-tentary Use Regulations; Parking; Buffers; and Regulations for Specific Uses PART 204—Additional Regulations for Specific Uses §165-204.35. Short-Term Lodging CHAPTER 165-ZONING ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 401 —RA Rural Areas District§165-401.02.Permitted Uses. CHAPTER 165- ZONING ARTICLE IV AGRICULTURAL AND RESIDENTIAL DISTRICTS PART 402 -RP Residential Performance District §165-402.02. Permitted Uses. Res #021-22 CHAPTER 165- ZONING ARTICLE IV AGRICULTURAL AND RESIDENTIAL DIS'T'RICTS PART 403 —M141 Mobile Horne District §165-403.03. Permitted Uses. WHEREAS, a request to mend Chapter 165 —Zoning Ordinance to add "short-term lodging (STL)" to the definitions section, provide additional regulations for short-term lodging and add the use to the RA (Rural Areas), RP (Residential Performance) and MH1 (Mobile Horne Community)Zoning Districts; and WHEREAS, the Planning Commission held a public hearing on the ordinance amendment on September 7, 2022 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance amendment on September 28, 2022 and; NOW, THEREFORE, BE IT RESOLVED by the Frederick County Board of Supervisors that the ordinance to address and amend Chapter 165 —Zoning Ordinance to clarify, and amend requirements contained in the Zoning Ordinance to add "short-term lodging (STL)" to the definitions section, provide additional regulations for short-term lodging and add the use to the RA (Rural Areas), RP (Residential Performance) and MHl (Mobile Home Community)Zoning Districts. Passed this 28th day of September 2022, by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells No Blaine P. Dunn Aye Josh Ludwig Aye Judith McCann-Slaughter Aye A COPY ATTEST Michael L. Bollhoef - Frederick County Administrator Res #021-22 •r COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Board of Supervisors FROM: M. Tyler Klein,AICP, Senior Planner SUBJECT: Ordinance Amendment—Short-Term Lodging DATE: September 13,2022 Proposal: This is a proposed amendment to Chapter 165—Zoning to add"short-term lodging(STL)"to the definitions section,provide additional regulations for short-term lodging and add the use to the RA(Rural Areas),RP (Residential Performance) and MH1 (Mobile Home Community)Zoning Districts. The use would also be permitted in the R4 (Residential Planned Community) and R5 (Residential Recreation Community) Districts which follow the permitted uses specified in the RP District.As proposed,STL would be permitted in all residential dwelling types(single-family detached,townhomes,apartments,duplexes,mobile homes, etc.). Non-residential dwellings, such as tents, recreational vehicles/campers, and other structures that do not meet the building code definition of"dwelling"would otherwise be prohibited from being used as short- term lodging units. Following the Board of Supervisors discussion on August 10,2022,two(2)scenarios,outlined below,were sent forward for public hearing. Scenario A: Short-term lodging would be allowed by-right for single-family detached(SFD)residences is the RA (Rural Areas), RP (Residential Performance), and MHI (Mobile Home Community) Zoning Districts. STL operators would only need to have an approved STL administrative permit and valid business license. No additional regulations are proposed to address accessfromprivate driveways under this proposal. Scenario B: Short-term lodging would be allowed by-right for SFD residences in the RP, and MHl Zoning Districts. Short-term lodging would be allowed by-right in the RA District only where access to the property is provided directly from a state roadway; short-term lodging would be allowed through an approved Conditional Use Permit (CUP) for properties where access is providedfroma private driveway. CUP's require public notification and public hearings. Staff notes that regarding regulation of"access," other comparable Rural Areas (RA) uses in the Zoning Ordinance do not specify additional regulations as it pertains to access from public or private roadways. These uses include home occupations, cottage occupations, public garages, country general stores and landscape contracting businesses. Special event facilities, allowed by Conditional Use Permit(CUP)in the RA District, is the only RA use with additional regulations that require the owner/operator to provide documentation of the right to use private driveways or,to obtain signatures of consent from property owners who share an interest in the private driveway. STL is not anticipated to generate high volumes of traffic, the trips generated are off-peak trips, and traffic generation for STL tends to be less than other residential uses. Planning Commission Public Hearing OA—Short-Term Lodging September 13,2022 Page 2 Current Zoning Ordinance Summary: The Zoning Ordinance does not presently include a specific use or regulations for short-term lodging. Similar uses such as"rooming house/boarding house" and"bed and breakfast" are already included in the ordinance (allowed as conditional uses in certain districts). However, these other lodging type uses are defined in such a manner that they would be prohibitive for permitting and regulating short-term lodging operations. Meetings Summary: The Board of Supervisors held a work session with Planning and Development department staff on January 12, 2022, to discuss an ordinance amendment to regulate short-term lodging (STL). Staff noted in this presentation that there are more than 25 existing short-term lodging operations in Frederick County and at the time of the presentation no formal zoning violations had been filed.Following the presentation by staff and discussion, staff was directed by the Board to draft an ordinance to allow short-term lodging by-right through an administrative permit process with an appropriate fee.This proposal was subsequently discussed by the Development Review and Regulation Committee (March 25, 2022) and the Planning Commission (April 6,2022)without comment. The Board of Supervisors discussed the proposed amendment on April 27,May 25, and August 10,2022. The primary discussion among the Board was regarding access to short-term lodging operations from private driveways in the RA (Rural Areas)Zoning District. There was not consensus among the Board on how best to address the issue. The Planning Commission held a public hearing on this item on September 7, 2022. Five (5) members of the public spoke regarding the application.Two(2)speakers spoke in support of Scenario A to allow short- term lodging operations by-right noting they were an existing short-term lodging operator on a private road and that extra requirements for owners on private roadways would be prohibitive.Three(3)speakers spoke in support of Scenario B and noted that additional regulations should be added to the draft proposal to require private driveway users to receive written consent to allow a short-term lodging use in addition to the requirement for a Conditional Use Permit (CUP). The primary topic of discussion was use of private roads/driveways for short-term lodging and whether it was appropriate or not for the County to regulate the proposed use based on roadway access. The Planning Commission did not reach a consensus in supporting either Scenario A or Scenario B.The ordinance amendment proposal went forward to the Board of Supervisors with no recommendation (Commissioners Thomas, Markert, Molden, Aikens, & Kerns— Absent). Conclusion and Requested Action: The attached document shows the existing ordinance with the proposed changes as drafted by Staff for scenario A and scenario B. Staff is seeking action by the Board of Supervisors on this proposed ordinance amendment, and whether Scenario A or Scenario B is preferred. Staff is also seeking any comments to forward to the Board of Supervisors on the Planning Commissions preference for either Scenario A or Scenario B. MTK/pd Attachments: 1.Revised ordinance with additions shown in bold underlined italics. 2.Draft STL Permit Application 3. Short-Term Lodging—Existing Operators Map (as of August 2022) Scenario A Revised June 27,2022 Chapter 165—Zoning Ordinance ARTICLE I General Provisions; Amendments; and Conditional Use Permits Part 101 General Provisions §165-101.02 Definitions and word usage. SHORT-TERM LODGING Short-term lodging(STL) is any occupancy of all or part of a dwelling or mobile home for a period of 30 days or less. ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses $165-204.35 Short-Term Lod,- Where odgWhere permitted, short-term lodging shall meet the following requirements: A. The maximum number of lodgers per night shall not exceed 10 unrelated persons, except where Uniform Statewide Building Code permits only a fewer number of occupants. B. No more than five(5)guestrooms are permitted for short-term lodging. C. The maximum number of rental contracts for a short-term lodging dwelling unit per night is one (1).All lodgers occupying the short-term lodging dwelling unit must be associated with the same rental contract. D. A dwelling or manufactured home used for short-term lodging shall comply with the following standards: 1) Be available for inspection by the County during reasonable hours and in accordance with the Zoning Ordinance. Comply with the requirements of the applicable version of the Virginia Uniform Statewide Building Code or Virginia Manufactured Home Safety Regulations, as determined by the Building Official. 2) Have a working multi-purpose fire extinguisher, smoke detectors and carbon monoxide detectors(when required for a fireplace or gas service). 3) Have a plan posted inside the door of each sleeping room showing the exit pathway from the sleeping room used for short-term lodging to the nearest exit from the dwelling or manufactured home. Scenario A Revised June 27,2022 4) Have at least two(2) designated off-street parking space available for lodgers, which the Operator has the authority to reserve for short-term lodging purposes. E. Special events, as defined in Part 101 of this Chapter, are prohibited in association with short- term lodging use. F. No short-term lodging activity shall take place on the property until the Department of Planning and Development has approved a short-term lodging administrative permit for the use and the Commissioner of the Revenue has approved a business license for the use. ARTICLE IV Agricultural and Residential Districts Part 401 RA Rural Areas District §165-401.02 Permitted Uses. 00. Short-Term Lodging ARTICLE IV Agricultural and Residential Districts Part 402 RP Residential Performance District §165-402.02 Permitted Uses. B. Structures and land shall be used for one of the following uses: 16. Short-Term Lodging Scenario A Revised June 27,2022 ARTICLE IV Agricultural and Residential Districts Part 403 MHI Mobile Home Community District §165-403.02 Permitted uses. O. Short-Term Lodjuinp r Frederick County, VA ® Short-Term Lodging (STL) Permit Application SUBMISSION REQUIREMENTS 1. APPLICATION FORM: The application(pages 2 through 5) should be complete with original signatures. 2. APPLICATION FEE: Application fee in the amount for$200 for permit for a two (2)year permit. Payment should be made in the form of a check payable to the"Treasurer of Frederick County"or electronic means through the Commissioner of Revenue. 3. SAFETY/EXIT PATHWAY PLAN: Please provide a copy of the plan posted inside the door of each sleeping room showing the exit pathway from the sleeping room used for STL to the nearest exit from the dwelling or manufactured home. 4. REVIEW AGENCY COMMENTS: Comments/approvals from the Frederick County Building Official (Building Inspections Department),the Frederick County Fire Marshal, and the Virginia Department of Health (VDH,only required if property has a well and on-site sewage disposal system). Page 1 of 8 Revised June 28,2022 The following standards govern the establishment and operation of a short-term lodging (STL)use as an accessory use to the principal occupancy of a dwelling,pursuant to the Frederick County Zoning Ordinance: A dwelling or manufactured home used for STL shall comply with the following standards(pursuant to §165- 204.35): • Be available for inspection by the County during reasonable hours and in accordance with the Zoning Ordinance. Comply with the requirements of the applicable version of the Virginia Uniform Statewide Building Code or Virginia Manufactured Home Safety Regulations,as determined by the Building Official. • Have a working multi-purpose fire extinguisher, smoke detectors and carbon monoxide detectors (when required for a fireplace or gas service). • Have a plan posted inside the door of each sleeping room showing the exit pathway from the sleeping room used for STL to the nearest exit from the dwelling or manufactured home. (A copy of which shall be attached to this STL Permit Application). • Have at least two(2) designated off-street parking space available for lodgers,which the Operator has the authority to reserve for STL purposes. • The maximum number of lodgers per night may not exceed 10 unrelated persons,except where the Uniform Statewide Building Code requires fewer occupants. • The maximum number of rental contracts for a short-term lodging dwelling unit per night is one(1). All lodgers occupying a STL dwelling unit must be associated with the same rental contract. • Special events,including weddings,parties,banquets,fund raising,commercial or advertising activities, and any other gathering of persons other than the authorized lodgers,whether for direct or indirect compensation—are prohibited in association with any STL. Aa STL Operator must: • Obtain written consent from the owner of the property for the STL use if the STL Operator is not the owner of the real property that will be used for short-term lodging. • Be responsible for determining whether any regulations,prohibitions,and covenants applicable to the dwelling or manufactured home prohibit STL. • Designate at least one (1)person who consents to serve as a Local Emergency Contact by the Owner to accept service of any legal papers relating to the STL use for the STL operator. • Maintain a guest log including the name, address, and telephone number of all overnight lodgers. The guest log must be made available upon request to any County employee or agent tasked with enforcing the Zoning Ordinance or other applicable part of the County Code. • Remain in compliance with the Commissioner of the Revenue regarding Business License,Business Equipment,and the Transient Occupancy Tax(TOT)collection and remittance. The Zoning Administrator's issuance of a permit does not abrogate,nullify,or invalidate any other provision of federal, state,or local law; any restrictive covenant; or any property owners' association by-law. I acknowledge and understand the above requirements. Failure to follow any of the above standards may result in the revocation of my permit and/or penalties. Signature of STL Operator Date Page 2 of 8 Revised June 28,2022 SHORT-TERM LODGER OPERATOR STL Operator Name: Street Address of STR: Unit: Cit Zip Code: PIN #: Zoning District: Magisterial District: Operator Phone Number: Email: OWNER OF THE PROPERTY(if different from the Operator) Property Owner Name: Street Address: State: Cit Zip Code: Owner Phone Number: Email: LOCAL EMERGENCY CONTACT (must be different from Operator and available to respond locally to emergencies) Local Authorized Agent Name: Street Address: State: Virginia Cit Zip Code: Agent Phone Number: Email: OFF-STREET PARKING LOCATION: Please provide a statement in the box below identifying the location of at least two (2) designed off-street parking space available for lodgers,which you as the Operator have the authority to reserve for STL purposes. Page 3 of 8 Revised June 28,2022 SHORT-TERM RENTAL OPERATOR CERTIFICATION As an OPERATOR,my signature on this form certifies that I understand the requirements of the Short-Term Rental(STR)Permit, all information is true and accurate,and that I agree to the following: 1. To abide by the standards set forth in§165-204.35 and any other applicable requirements of the Zoning Ordinance and to any other applicable federal,state,and local laws and regulations,whether related to the building in which the use is conducted or to the use itself. 2. That the dwelling or manufactured home will be open for inspection by County personnel during reasonable hours;and 3. That I acknowledge that the application property may be located within an area that is subject to additional restrictions pursuant to covenants,bylaws,regulations,or other limitations imposed pursuant to the Property Owners' Association Act, Condominium Act,or the Virginia Real Estate Cooperative Act.As such,I acknowledge that issuance of this Permit DOES NOT abrogate,nullify,override,or otherwise have any effect on the applicability of any such regulations,declarations,or limitations applicable to this property.Compliance with any such regulations,declarations,or limitations is the responsibility of the Operator/Owner. 4. To remain in compliance with the Commissioner of the Revenue regarding Business License,Business Equipment,and the Transient Occupancy Tax(TOT)collection and remittance. 5. That this permit expires,without notice at 11:59 P.M.on the last day of the period of validity and requires renewal every two(2)years. 6. That failure to abide by the regulations set forth in the Zoning Ordinance §165-204.35 may result in permit revocation. I certify that I understand the requirements of the Short-Term Lodging Permit and will comply with all standards set forth in the Zoning Ordinance and any other applicable regulation,limitation,or requirement. Signature of STL Operator Date SHORT-TERM RENTAL OWNER CERTIFICATION I certify that I am the owner of the property identified on this application and I consent to the use of the property for short-term lodging,as will be operated by the applicant identified herein. I acknowledge that any violation related to the short-term rental is deemed to be a violation by both the Operator and the Owner. Signature of Property Owner Date EMERGENCY CONTACT CERTIFICATION I certify that I understand the responsibilities of the Local Emergency Contact for the short-term lodging operation and consent to perform the duties outlined on in this Permit Application,in conformance with the Zoning Ordinance. Signature of Local Authorized Agent Date Page 4 of 8 Revised June 28,2022 FOR INTERNAL USE ONLY—To-Be-Completed by Planning and Development Department Staff Zoning Administrator Signature: Date of Approval of Short-Term Lodging (STL): *Include CUP application number, ifapplicable. Short-Term Lodging (STL) Permit Number: STL #: Period of Validity (Two-Years from Date of Approval) Fee: $200.00 Receipt Number: Page 5 of 8 Revised June 28,2022 FIRE MARSHAL COMMENT SHEET Page 6 of 8 Revised June 28,2022 BUILDING INSPECTIONS COMMENT SHEET Page 7 of 8 Revised June 28,2022 VIRGINIA DEPARTMENT OF HEALTH(VDH)COMMENT SHEET Page 8 of 8 Short Term Lodging Serviced by Private Streets Short Term Lodging Serviced by Public Streets Future Rt 37 Bypass �i Private Streets in the RA Zoning District Streets City Boundary 127 522 /7. i 259 11 50 r 7 •fry 37 Y ,�q 55 11 77 522 e 0 1.75 3.5 7 Miles Map Pmd...d by Fretlenck County Planning a,d Development Depl_August 2022