N. - Short-term rental occupancy.

1.

Short-term rental occupancy is a form of property and building use wherein a room or space located in a residential dwelling or qualifying accessory residential structure that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period limited to fewer than thirty (30) consecutive days, in exchange for a charge for the occupancy.

2.

Short-term rental of a portion or all of a residential dwelling or a qualifying accessory residential unit shall be permitted by-right in any residential or mixed-use zoning district in the city, provided that the use, dwelling, and lot meet the following requirements:

a.

The owner or designated overseer of a short-term rental dwelling shall not provide food or beverage of any type to the short-term occupants;

b.

The use of the dwelling shall comply with all requirements of the zoning district in which the dwelling is located;

c.

No exterior signage or other form of exterior advertising shall be displayed on the residential property;

d.

No more than two (2) adult lodgers may occupy a bedroom in any dwelling unit (exclusive of children under the age of twelve (12));

e.

Adequate off-street parking for short-term rental occupants shall be provided on the short-term rental property unless this requirement is otherwise waived by the zoning administrator;

f.

The dwelling to be rented meets the building and health code requirements for such use as may be determined by city building and health enforcement officials;

g.

The dwelling shall be zoned and/or approved for a residential use;

h.

The owner or its designated overseer shall be available to the renter at all times ("24/7") for the purpose of attending to any inquiry, complaint, or maintenance issue that may arise during the renter's short-term occupancy of the dwelling;

i.

The owner or its designated overseer shall provide full cleaning services, linens, towels, and bathroom accessories to short-term rental occupants;

j.

The owner shall be a full-time resident of the property and shall reside in the primary residential dwelling when the property is not otherwise occupied, either in whole or in part, by the short-term occupant; and

k.

Other requirements as may be adopted by the city as a condition of approval and operation of short-term occupancy.

3.

The implementation and enforcement of this section is subject to the city's establishment and adoption of:

a.

Any additional code requirements for a short-term dwelling outside the scope of this ordinance;

b.

A system of registry for short-term occupancy providers; and

c.

A system of administration, oversight, inspections, and penalties for violations. Upon the adoption of such code, registry and administrative requirements, other provisions of the Virginia enabling statute governing short-term rentals may be incorporated by separate action by the city council where deemed appropriate.

4.

The city may, but shall not be required to, adopt a fee structure for such registration related to the actual costs of establishing and maintaining the registry and other administrative overheads. The imposition of such fee structure shall be subject to its adoption by the city council.

5.

Upon adoption of a short-term registry and fee structure, if required, by the city, the owner of a short-term rental property shall be required to register and obtain any necessary permits for short-term occupancy within ninety (90) days of first occupancy by a short-term renter or first advertisement of the property, whichever comes first.

6.

Nothing in this section shall be construed to supersede or limit contracts or agreements between or among individuals or private entities related to the use of real property, including recorded declarations and covenants, the provisions of condominium instruments of a condominium created pursuant to the Condominium Act (Code of Virginia § 55-79.39 et seq.), the declaration of a common interest community as defined in Code of Virginia § 55-528, the cooperative instruments of a cooperative created pursuant to the Virginia Real Estate Cooperative Act (Code of Virginia § 55-424 et seq.), or any declaration of a property owners' association created pursuant to the Property Owners' Association Act (Code of Virginia § 55-508 et seq.).