Extracted standards
14 individual requirements pulled out of this section’s prose, each with the sentence it came from.
Other
- Application documents
No short-term rental zoning permit shall be considered unless the following documents are provided: a. A completed short-term rental zoning permit application provided by the town and submitted to the zoning administrator along with a filing fee of $200.00. b. Two forms of identification with address displayed to establish primary residency at the location of the proposed short-term rental. Acceptable forms include a government-issued ID, mortgage or lease document, or other forms deemed acceptable by the zoning administrator. c. Written authorization from the property owner if the primary resident is not the property owner. d. A site plan indicating the number and location of off-street parking spaces. e. Proof of notification to the homeowners association or condo association of intention to operate a short-term rental, if applicable. f. A short-term rental permit shall be good for a period of two years from the date of issuance.
- Contract restrictions
a. Contract must include entertainment restrictions as described in section 78-80.4(U)(4). b. Contract must include parking restrictions as described in section 78-80.4(U)(5).
- Maximum nights without operator90 nights/year
The operator is limited to a maximum of 90 rental nights per year where the unit may be rented without the operator present. There is no limit on nights when the operator is present during a short-term rental.
- Maximum occupancy6 adults
The maximum occupancy during any rental period shall not exceed six adults, including all permanent residents, except where the Virginia Uniform Statewide Building Code allows fewer occupants.
- Noncompliance
If the owner conducting the short-term rental violates, or if the short-term rental becomes by conduct inconsistent with any provision of this article or other ordinance, law or regulation governing use of the dwelling for a short-term rental, the zoning administrator may take action pursuant to article XVII, enforcement violations and remedies, including revoking the short-term rental zoning permit.
- One contract per night
The operator of any short-term rental is prohibited from entering into more than one contract for any given night.
- Primary resident required
Any operator of a short-term rental must be the primary resident of the property. For the purposes of this section, primary resident shall mean an individual who has occupied the dwelling unit for seven of the previous 12 months.
- Registry required
Failure to register or renew on the short-term rental registry pursuant to the Herndon Town Code (2000), shall be deemed a reason for revocation.
- Safety equipment
Each short-term rental must have the following: a. A working multipurpose fire extinguisher. b. Interconnected smoke detectors. c. Carbon monoxide detector if any gas appliances or fireplaces are present. d. A direct means of egress outside of the structure from any sleeping room available for short-term rental.
- Zoning permit required
Prior to operating within the town, the operator of a short-term rental shall apply for and obtain a short-term rental zoning permit.
Parking
- Parking requirements
Parking must be located on-site or in spaces reserved exclusively for the use of the operator of the short-term rental property. a. For any single-family detached residence, a minimum of two parking spaces are required and no more than two nonresident vehicles are permitted on-site during a rental period. b. For any townhouse or condo, a minimum of one parking space is required and no more than one nonresident vehicle is permitted on-site during a rental period.
Use
- ADUAccessory dwelling unit (ADU)A second, smaller home on a lot that already has one — a garage flat, basement flat or backyard cottage. prohibitedProhibitedNot allowed in the district at all, short of rezoning or a variance.
Short-term rentals shall be prohibited within an accessory dwelling unit.
- Entertainment prohibitedProhibitedNot allowed in the district at all, short of rezoning or a variance.
Events and activities including, but not limited to, luncheons, banquets, parties, amplified or acoustic concerts, weddings, meetings, fund raising, commercial or advertising activities to include filming, and any other gathering of persons other than the authorized renters, whether for direct or indirect compensation, are prohibited in association with any short-term rental. This language must be included in the advertisement for the rental of the property.
Any recreational vehicle located on the lot is prohibited from being used for a short-term rental.
From the ordinance
Short-term rentals are permitted as an accessory use to a dwelling unit... provided the following conditions are met:
Parking requirements
{
"townhouse_condo": "1 space",
"single_family_detached": "2 spaces"
}