HB824: Short-term rentals; local ordinances regulating rentals in Cities of Lexington and Virginia Beach.


VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to address local ordinances concerning the regulation of short-term rentals in the City of Lexington and the City of Virginia Beach.
[H 824]
Approved

 

Be it enacted by the General Assembly of Virginia:

1. § 1. Notwithstanding any provision of law to the contrary, general or special, any ordinance in effect and any ordinance adopted by the governing body of the City of Lexington ("the City") shall comply with each of the following provisions:

1. The provisions of this act shall apply to all short-term rentals, whether the City ordinance refers to such rentals as "45 Nights or Less Rentals" or by any other terms.

2. The provisions of this act and subsections A, B, and C of § 15.2-983 of the Code of Virginia shall be construed to prohibit, limit, or otherwise supersede any existing local authority of the City to regulate the short-term rental of property through its general land use and zoning authority or any other local authority through its charter or through any provision of Title 15.2 of the Code of Virginia. The City shall not have any provision in its ordinance that is inconsistent with, or not expressly authorized by, subsections A, B, and C of § 15.2-983 of the Code of Virginia. However, subject to this act and subsections A, B, and C of § 15.2-983 of the Code of Virginia, the City may regulate short-term rentals through its general land use and zoning authority as authorized in subsection D of 15.2-983 of the Code of Virginia.

3. The City shall not regulate the short-term rental of real property except for such rentals that are for a period of fewer than 30 consecutive days, in compliance with § 15.2-983 of the Code of Virginia.

4. The City shall not require a business license for, nor require payment of license taxes by, any person engaged in the rental of real property, in compliance with subdivision C 7 of § 58.1-3703 of the Code of Virginia.

5. The City may include in its ordinance a provision for a short-term rental registry only in compliance with § 15.2-983 of the Code of Virginia, including exemptions as provided in subdivision B 2 of § 15.2-983.

6. The City shall comply with the provisions of § 15.2-2311 of the Code of Virginia with respect to any determinations made by the zoning administrator or other administrative officials concerning any alleged violations of the City's short-term rental ordinance, including complying with the requirement to provide the recipient with a statement informing him that he may have a right to appeal the notice of a zoning violation or written order within 30 days.

2. That the City of Lexington shall amend and reenact its existing ordinance to come into compliance with this act on or before September 30, 2018.

3. That any short-term rental located in the Sandbridge Special Service District in the City of Virginia Beach shall be a principal use subject to the City’s regulations applicable to short-term rentals. Whether a short-term rental located in any other area of the City of Virginia Beach is a permitted use shall be determined by the provisions of the City’s zoning ordinance.


HOUSE BILL NO. 824
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on General Laws and Technology
on February 26, 2018)
(Patron Prior to Substitute--Delegate Knight)
A BILL to address local ordinances concerning the regulation of short-term rentals in the City of Lexington and the City of Virginia Beach.

Be it enacted by the General Assembly of Virginia:

1. § 1. Notwithstanding any provision of law to the contrary, general or special, any ordinance in effect and any ordinance adopted by the governing body of the City of Lexington ("the City") shall comply with each of the following provisions:

1. The provisions of this act shall apply to all short-term rentals, whether the City ordinance refers to such rentals as "45 Nights or Less Rentals" or by any other terms.

2. The provisions of this act and subsections A, B, and C of § 15.2-983 of the Code of Virginia shall be construed to prohibit, limit, or otherwise supersede any existing local authority of the City to regulate the short-term rental of property through its general land use and zoning authority or any other local authority through its charter or through any provision of Title 15.2 of the Code of Virginia. The City shall not have any provision in its ordinance that is inconsistent with, or not expressly authorized by, subsections A, B, and C of § 15.2-983 of the Code of Virginia. However, subject to this act and subsections A, B, and C of § 15.2-983 of the Code of Virginia, the City may regulate short-term rentals through its general land use and zoning authority as authorized in subsection D of 15.2-983 of the Code of Virginia.

3. The City shall not regulate the short-term rental of real property except for such rentals that are for a period of fewer than 30 consecutive days, in compliance with § 15.2-983 of the Code of Virginia.

4. The City shall not require a business license for, nor require payment of license taxes by, any person engaged in the rental of real property, in compliance with subdivision C 7 of § 58.1-3703 of the Code of Virginia.

5. The City may include in its ordinance a provision for a short-term rental registry only in compliance with § 15.2-983 of the Code of Virginia, including exemptions as provided in subdivision B 2 of § 15.2-983.

6. The City shall comply with the provisions of § 15.2-2311 of the Code of Virginia with respect to any determinations made by the zoning administrator or other administrative officials concerning any alleged violations of the City's short-term rental ordinance, including complying with the requirement to provide the recipient with a statement informing him that he may have a right to appeal the notice of a zoning violation or written order within 30 days.

2. That the City of Lexington shall amend and reenact its existing ordinance to come into compliance with this act on or before September 30, 2018.

3. That the City of Virginia Beach shall not require a conditional use permit, special exception, or special use permit for a dwelling unit used as a short-term rental.


HOUSE BILL NO. 824
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee on General Laws
on February 8, 2018)
(Patron Prior to Substitute--Delegate Knight)
A BILL to address local ordinances concerning the regulation of short-term rentals in the City of Lexington.

Be it enacted by the General Assembly of Virginia:

1. § 1. Notwithstanding any provision of law to the contrary, general or special, any ordinance in effect and any ordinance adopted by the governing body of the City of Lexington ("the City") shall comply with each of the following provisions:

1. The provisions of this act apply to all short-term rentals, whether the City ordinance refers to such rentals as "45 Nights or Less Rentals" or by any other terms.

2. The provisions of this act shall be construed to prohibit, limit, or otherwise supersede any existing local authority of the City to regulate the short-term rental of property through its general land use and zoning authority or any other local authority through its charter or through any provision of Title 15.2 of the Code of Virginia.

3. The City shall not regulate the short-term rental of real property except for such rentals that are for a period of fewer than 30 consecutive days, in compliance with § 15.2-983 of the Code of Virginia.

4. The City shall not require a business license for, nor require payment of license taxes by, any person engaged in the rental of real property, in compliance with subdivision C 7 of § 58.1-3703 of the Code of Virginia. Any business license that was required by any ordinance in effect regulating short-term rentals shall be null and void, and any license taxes collected for short-term rentals subject to any ordinance in effect shall be refunded on or before September 30, 2018, to the taxpayer who paid such tax.

5. The City shall refund tax payments to any taxpayer who was required to pay transient occupancy taxes for rental of real property for more than 30 days as prohibited by § 58.1-3825 of the Code of Virginia, to be refunded to such taxpayer on or before September 30, 2018.

6. The City may include in its ordinance a provision for a short-term rental registry only in compliance with § 15.2-983 of the Code of Virginia, including exemptions as provided in subdivision B 2 of § 15.2-983.

7. The City shall not regulate occupancy in short-term rental properties differently in its ordinance from the occupancy provisions in the Uniform Statewide Building Code (§ 36-97 et seq.) of the Code of Virginia.

8. The City shall comply with the provisions of § 15.2-2311 of the Code of Virginia with respect to any determinations made by the zoning administrator or other administrative officials concerning any alleged violations of the City's short-term rental ordinance, including complying with the requirement to provide the recipient with a statement informing him that he may have a right to appeal the notice of a zoning violation or written order within 30 days.

9. The City shall not have any other provision in its ordinance that is inconsistent with, or not expressly authorized by, § 15.2-983 of the Code of Virginia.

2. That the City of Lexington shall amend and reenact its existing ordinance to come into compliance with this act on or before September 30, 2018.

HOUSE BILL NO. 824

Offered January 10, 2018
Prefiled January 9, 2018
A BILL to address local ordinances concerning the regulation of short-term rentals in the City of Lexington.
Patron-- Knight

Committee Referral Pending

Be it enacted by the General Assembly of Virginia:

1. § 1. Notwithstanding any contrary provision of law, general or special, any ordinance in effect and any ordinance adopted by the governing body of the City of Lexington ("the City") shall comply with each of the following provisions:

1. The provisions of this act apply to all short-term rentals, whether the City ordinance refers to such rentals as "45 Nights or Less Rentals" or by any other terms.

2. The provisions of this act shall be construed to prohibit, limit, or otherwise supersede any existing local authority of the City to regulate the short-term rental of property through its general land use and zoning authority or any other local authority through its charter or through any provision of Title 15.2 of the Code of Virginia.

3. The City shall not regulate rental of real property except for such rentals that are for a period of fewer than 30 consecutive days, in compliance with § 15.2-983 of the Code of Virginia.

4. The City shall not require a business license for, nor require payment of license taxes by, any person engaged in the rental of real property, in compliance with subdivision C 7 of § 58.1-3703 of the Code of Virginia. Any business license that was illegally required by any ordinance in effect regulating short-term rentals shall be null and void, and any license taxes illegally collected for short-term rentals subject to any ordinance in effect shall be refunded on or before September 30, 2018, to the taxpayer who paid such tax, with interest at the rate of five percent per annum.

5. The City shall refund tax payments to any taxpayer who was illegally required to pay transient occupancy taxes for rental of real property for more than 30 days as prohibited by § 58.1-3825 of the Code of Virginia, to be refunded on or before September 30, 2018, with interest at the rate of five percent per annum.

6. The City may include in its ordinance a provision for a short-term rental registry only in compliance with § 15.2-983 of the Code of Virginia, including exemptions as provided in subdivision B 2 of § 15.2-983.

7. The City shall not limit in its ordinance the total number of nights per year permitted for short-term rentals.

8. The City shall not limit in its ordinance the total number of short-term rental properties in the City that can be owned by any one person or entity.

9. The City shall not regulate short-term rental properties differently in its ordinance on the basis of the number of bedrooms but may limit occupancy in a short-term rental on the basis of the number of bedrooms.

10. The City shall comply with the provisions of § 15.2-2311 of the Code of Virginia with respect to any determinations by the zoning administrator or other administrative officials with respect to any alleged violations of the City's short-term rental ordinance.

11. The City shall not have any other provision in its ordinance that is inconsistent with, or not expressly authorized by, § 15.2-983 of the Code of Virginia.

12. Any violations of this act by the City shall entitle a taxpayer who has been affected by the City's actions to recover a $250 penalty per violation, with each such action by the City being a separate violation.

2. That the City of Lexington shall amend and reenact its existing ordinance to come into compliance with this act on or before September 30, 2018.