Commercial Zoning

Asheville, North Carolina Looks At Short-Term Rentals and Zoning, Fees

Thanks to the internet, is this a golden age of direct-to-consumer, everyday necessities like living quarters — think AirBnB or Couchsurfing — to transportation — think Uber and Lyft?  Is laundry next?  What about eating?  And is this the next generation of internet-brokered person-to-person deals, beyond the eBays and Craigslists?

In Asheville, a tourist destination among the unrivaled western North Carolina mountains, the present issue is the short-term residential rental, even rising to the level of national news.  It’s reported that the City had been looking at least since 2013 at zoning and fees and other regulatory approaches to short-term rentals, of which AirBnB is a purveyor.   Short-term rentals for less than 30 days time, in a structure separate from the primary residence (say, a detached garage or an apartment), is illegal in most parts of Asheville, we understand; renting a room in one’s home for less than 30 days is legal under certain conditions.  
It’s reported that a draft study from a City-retained consultant, released today, recommends that the City “limit” the number of short-term rentals in the City and charge fees of the owners.
We’ll pass on the study when we can locate a copy.

“We’ll need to share the bathroom and tell people we’re dating.  
You know, to comply with the zoning laws.  Enjoy your stay.”
Mike Thelen practices in Womble, Carlyle’s Real Estate Litigation and Land Use practice group. He regularly represents a wide variety of clients, from local governments to businesses, in land use and land development matters in both state and federal venues throughout North Carolina.

Follow the North Carolina Land Use Litigator on Twitter at @nclanduselaw and “like” us on Facebook here.    

Categories: Commercial Zoning

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