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Fauquier planning panel backs short-term rental rules, sends ordinance to supervisors

Fauquier County Planning Commission · August 15, 2024
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Summary

The Planning Commission voted to forward a zoning-text amendment creating an administrative-permit pathway for short-term rentals in most rural and village districts, with safety, occupancy and notification standards and a required registration with the commissioner of the revenue.

The Fauquier County Planning Commission on Aug. 15 voted to forward a zoning-text amendment that would create a new short-term rental category and allow small-scale rentals to be processed by administrative permit in several rural and village zoning districts.

Staff said the ordinance, developed after June and July work sessions, would allow short-term rentals in rural conservation, agriculture, rural residential and certain village and neighborhood commercial districts if they meet standards. Key conditions include that the operator live on-site or have a manager within two miles during rental periods, the property be rented no more than 183 days per year, and the dwelling demonstrate occupancy consistent with the health department’s drain-field and occupancy permits. Access must be from a public street; properties on private streets must meet fire-appuratus road requirements confirmed by the fire marshal, or seek a special permit. Parking must be on-site at one space per bedroom. ADUs would be limited to two bedrooms or three occupants under the zoning rules.

The proposal also requires certified-mail notification to owners who share private streets or easements, a property-management plan with emergency contacts and safety details (smoke detectors, extinguishers, emergency numbers), and bans on events, food service, fireworks and shooting—mirroring current tourist-home prohibitions. Short-term rentals that meet the standards would receive a one-year administrative permit with renewals; those that fail to comply would go through the special-permit process before the board.

Commissioners who supported the measure said it balances public-safety protections and community concerns with an expedited permitting path for property owners. Staff recommended the commission hold a public hearing and forward the ordinance, which the commission did by voice vote. The board of supervisors will receive the commission’s recommendation for consideration.

Next steps: The Board of Supervisors will schedule the ordinance for public hearing and decision. If adopted, staff said a one-stop application packet and FAQ materials will be posted to the community-development administrative-permits page to guide existing and prospective short-term rental operators.