Planning Commission Meeting

Town of Onancock

Planning Commission Meeting

July 20, 2021 at 5:30 p.m.

Agenda

• Call to order and roll call
• Consideration and approval of meeting minute from:
  • No minutes from previous meeting as no quorum was present
• Planning Commission Discussion:
  • Update on process to approve Comprehensive Plan
    • Joint Public Hearing at 8/23/21 Town Council meeting, vote to adopt on 9/27/21
  • Discussion of Town Code §38-77 – Special Exemptions
• Public comment
• Adjourn

Sec. 38-77. Special exceptions.

The following uses shall be permitted in the Single-Family Residential District (R-1), subject to all the other requirements of this chapter, only upon the obtaining of a special use permit, as defined in article XV of this chapter, from the town council:

(1)   Each dwelling unit shall be permitted not more than one apartment, which shall be contained within the dwelling unit itself. It shall be a condition of issuance of a special use permit that the owner of the dwelling within which the apartment is located actually reside within the dwelling itself.

(2)   Bed and breakfast houses. Each dwelling unit may be permitted not more than five guestrooms in which overnight accommodations may be offered to transients.

(3)   Homestay. For the purpose of this subsection, the term "homestay" means a home occupation in which an individual owns a dwelling and also provides lodging in a portion thereof for temporary periods of times not to exceed three weeks.

a.     An owner of a homestay residence must apply for a business license and is subject to the transient occupancy tax.

b.     The owner shall only be permitted one homestay in the town.

c.     The applicant must provide contact information for a responsible party, if the owner is not the responsible party, the owner must identify a responsible party who will be available 24 hours a day, seven days a week, to respond to, and resolve issues and complaints that arise during a period in which the dwelling is being used for transient occupancy.

d.     The number of overnight guests will be determined by the zoning administrator in consultation with the homeowner based on the number of bedrooms, size of the house and size of the lot subject to approval of the town council.

e.     The homestay shall comply with all applicable town, county, state and federal statutes, regulations and ordinances.

f.      The town reserves the right to inspect the residence based on complaints to verify that the homestay is being operated in accordance with the regulations set forth within this section.

g.     The special use permit may be revoked by the zoning administrator in the event that three or more substantiated complaints are received by the town in a calendar year, or failure to maintain compliance with any of the regulations set forth in this subsection (3).

(Code 1989, § 24-16; Ord. eff. 6-5-1962; Ord. of 3-24-1997; Amd. of 7-14-1997; Ord. of 7-27-1998; Ord. of 2-27-2017, § 24-16(c))