Agenda - 5-a - Unified Development Ordinance (UDO) Table of Permitted Uses

Browse Search

50 o Be permitted by right within the EDB-2 general use zoning district rather than through the Conditional Use permitting process as currently required; o Be permitted by right within the EDH-4 and EDH-5 general use zoning districts consistent with direction received from the BOCC in 2016. Currently the use is not permitted within either of the districts. The existing Tourist Home land use category is being eliminated as part of this process. The existing Rooming House land use category shall continue to be permitted under the `Residential Land Use' category in the same general use zoning districts as detailed herein. 15.Is the rental of a house for single-family residential purposes impacted by the proposed amendments? The rental of a house for use as a single-family residence is not impacted by these proposed amendments. 16.What about rental of a house for use as an Airbnb? There are concerns over what authority Orange County has to regulate this activity, which can be summarized as follows: • Regulations controlling the duration of a private lease, or the nature of occupancy of a private residence, go beyond regulating a property's use. Such regulations could be construed as restraining the manner in which the property is owned, which is prohibited by North Carolina case law. • It is unlawful to regulate residential rental property by implementing permitting programs or by requiring homeowners to pay a special fee. • There is a State law, specifically the North Carolina Vacation Rental Act, appearing to preempt local regulation of vacation rental agreements in residential properties. The Act defines "vacation rental" as being the "[t]he rental of residential property for vacation, leisure, or recreation purposes for fewer than 90 days . . .." From a regulatory standpoint, the proposed Ordinance amendment package impacts rental of a residence as an Airbnb as follows: a. Short Term Rental — Non-host Occupied is defined as follows: A dwelling which provides guestrooms for overnight rental or lease but is not occupied by a host; b. The land use is not permitted for development within residential zoning districts;