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Commission approves special use permit for short-term tourist rental at Clay Street property

2598093 · March 12, 2025
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Summary

The Planning Commission approved a special use permit to allow short-term tourist rentals in an existing 3-bedroom primary dwelling and attached 2-bedroom accessory dwelling at 1480 and 1482 Clay Street, with occupancy, registration and safety conditions.

The Montgomery County Planning Commission voted unanimously on March 12 to approve a special use permit allowing short-term tourist rental within an existing three-bedroom primary dwelling and an attached two-bedroom accessory dwelling at 1480 and 1482 Clay Street.

County planning staff presented the request, saying the property had been unknowingly out of compliance when purchased in November 2024 and that the owners contacted staff after receiving a notice of violation. Staff outlined the supplemental regulations that must be met for a short-term tourist rental permit, including limits on occupants, parking rules, property-management requirements, fire-safety compliance and posting of emergency and noise ordinance information.

Staff told commissioners the two units have designated parking (three spaces for the smaller dwelling and four for the larger), that the lot is surrounded by wooded buffer and a seven-foot privacy fence in the rear, and that the dwellings are served by public water and sewer and are not in a FEMA floodplain. Staff also reported VDOT took no exception and that the Town of Blacksburg raised no concerns.

Staff recommended approval with four conditions. The commission approved the permit with the conditions listed in the staff report: occupancy limited to four occupants at 1480 Clay Street and not to exceed six occupants at 1482 Clay Street; the property must be registered with the Commissioner of the Revenue for meals and occupancy taxes; all applicable building and zoning permits must be obtained and all Montgomery County short-term tourist rental code requirements must be met prior to issuance of the zoning permit; and the operator must meet the supplemental regulations (including parking and posted emergency plans).

Staff also stated the operator must post a copy of the Montgomery County Noise Ordinance and that gatherings and parties are not allowed; pets will not be permitted. Staff noted the operators identified a local caretaker and that tenants must be at least 25 years of age and be present during the rental term, per the conditions presented to the commission.

Commission discussion described the application as well‑documented and suitable for the site; no public speakers appeared at the hearing on this item. A motion to approve the special use permit with the staff conditions passed on a roll call vote with the following votes recorded: Mr. Kroll — yes; Mr. Miller — yes; Ms. Sharp Robinson — yes; Ms. Simpkins — yes; Mr. Waltz — yes; Mr. Wertman — yes; Mr. Lankus — yes; Vice Chair Foster — yes; Chair Rice — yes.