Hanover supervisors deny special exception for non-owner-occupied short-term rental in High Point Farms

The Hanover County Board of Supervisors voted on April 23 to deny a special exception that would have allowed a non-owner-occupied short-term rental in the High Point Farms subdivision.

Staff presentation and applicant Planning staff explained the January ordinance change that created a special-exception pathway for non-owner-occupied short-term rentals (STRs) in some residential and agricultural zoning districts. The applicant, Vyar Costova, told the board she lives next door, will vet guests and respond to complaints in person, and asked the board to approve the permit to allow occasional rentals.

Opposition and board concerns Supervisor Herzberg, citing protective covenants for that section of High Point Farms and long-standing neighborhood expectations, said he could not support locating a non-owner-occupied STR in a subdivision governed by residential covenants. He noted that although the applicants had followed the ordinance and paid the application fee, the existence and text of the subdivision covenants weighed against approval in his view.

Board action Supervisor Herzberg moved to deny the special exception, and the motion passed in a roll-call vote; the clerk recorded the result as unanimous. The board applied the ordinance—s special-exception review standards and the subdivision covenants in concluding denial.

Implications The decision illustrates how subdivision covenants and neighborhood context can influence special-exception decisions for otherwise-allowed uses under a county ordinance. The applicant retained the option to either modify operations to fit county and covenant requirements or pursue other lawful uses that conform to the restrictive covenants and zoning.