Short-Term Rentals (Homestay & Vacation Rentals)

Homestay Rental 

A homestay rental is a resident-occupied dwelling or dwelling unit with up to two guest rooms that are used, offered, and/or advertised (through an online platform or any other media) for transient overnight lodging accommodations for compensation for any period of less than one month and where the use is subordinate and incidental to the main residential use of the property.   A homestay rental is considered a "Lodging" use under the UDO. Any use that comes within the purview of another use under the UDO (e.g., motel, hotel, boarding house, etc.) shall be governed by the terms of that use and not as a homestay rental.

Permissible Zoning Districts

A homestay rental is permissible within the following zoning districts subject to the requirements detailed in UDO Section 15.05 (detailed below in "Homestay Rental Regulations"):

Annual Permit Required

Every homestay rental operator must first apply for and procure a zoning permit from the Town. Zoning permits must be renewed annually. Upon application for an initial permit and for each renewal, the applicant must demonstrate compliance with all applicable provisions of this section on such forms as may be provided by the Administrator.  

•  Annual Short-Term Rental Application (PDF)($500.00)

Petition for Exemption

Residents of Neighborhood Conservation Districts or other adversely impacted residents may petition Council if they support a prohibition on homestay rentals in their neighborhood.

Homestay Rental Regulations

1. The homestay operation shall be managed and carried on by a person who: 1) is a full-time resident of the property, and 2) is present during the homestay term for the entire time lodgers are staying at the property. To be a "full-time resident," the person must reside on the property on a permanent basis, and it must be the person's primary home. A person can have only one homestay permit at any one time.
2. For purposes of this homestay ordinance, a person can only have one primary, full-time residence, and the homestay must be operated from that primary, full-time residence. In order to be "present during the homestay term," the full-time resident shall be at the property overnight and not away on vacation, visiting friends or family, traveling out of town for business or personal reasons, etc. during the homestay term. However, the full-time resident may be temporarily absent from the property for purposes related to normal residential activities such as shopping, working, attending class, etc. A minimum of two documents establishing proof of residency shall be supplied from an approved list of documents.
3. The maximum number of guest rooms used as a homestay rental is two (2) per detached single-family, two-family, or three-family dwelling unit located on a single lot.  In addition, up to two guest rooms may be located in an accessory dwelling unit if the accessory structure and accessory residential use are lawful under the UDO with respect to the property at issue.
4. The maximum number of overnight guests for any dwelling used as a homestay rental is the greater of (i) two (2) adults and any number of children under those adults’ care, or (ii) two occupants per guest room. The occupancy limit shall be posted prominently within the short-term rental and be included in property listings on online platforms or any other media.
5. A homestay rental operator shall ensure that the primary responsible renter of a homestay rental is at least twenty-one (21) years old.
6. Cooking facilities are not permitted in any bedroom. For the purpose of this regulation, cooking facilities include any refrigerator in excess of seven cubic feet; any stovetop range that operates on 220-volt electric service; any appliance that operates on natural gas; or any cooktop, whether integrated into a countertop or a separate appliance, which contains more than two cooking surfaces or burners. 
7. No signs advertising the property as a rental are allowed.
8. No displays of goods, products, services, or other advertising may be visible from the outside of the dwelling.
9. In residential zoning districts, homestay renters shall not utilize the premises for holding special events or large gatherings. The rental operator shall inform renters of this regulation and of the applicability of the town’s noise ordinance (Chapter 82 of the Code of Ordinances), which regulates nuisance noises and makes it unlawful to create, cause, or allow the continuance of any unreasonably loud noise, particularly during nighttime, which interferes with neighboring residents’ reasonable enjoyment of their properties.
10. The premises shall not be used for any home occupation that allows employees, customers, clients, or patrons to visit.  
11. Homestay rental operators shall comply with all applicable State and local laws, including those relating to fire and building codes, smoke detecting and carbon monoxide detecting equipment, and housing codes.
12. Homestay rental operators are responsible for and must ensure that any and all occupancy taxes and other applicable taxes due under law as a result of their rental activities are remitted to the proper tax authorities, whether through their online platform service or by personally remitting the required taxes. The town shall require evidence of payment of such taxes as part of the application and permitting process, and may also conduct audits of homestay rental permittees, as it sees fit in its sole discretion, in order to ensure payment of all such applicable taxes.
13. The zoning permit number authorizing the homestay rental shall be conspicuously posted on (i) all advertisements for homestay rentals, and (ii) on the subject property in a place that is conspicuous from the exterior of the property.
14. A homestay rental must provide at least one (1) dedicated parking space per guest room, which may not be located on any street right of way, and must conform to all applicable parking regulations of this ordinance.
15. Except as specifically set forth herein, a dwelling or dwelling unit must comply with all UDO requirements applicable to the primary residential use.
16. Homestay rental operators must carry insurance that covers the homestay use and homestay renters.
17. Homestay rental permits are not transferrable. Every person wishing to operate a homestay rental must apply for and obtain the required permit prior to beginning the operation of a homestay rental.

Vacation Rental

A vacation rental is a single-family detached dwelling, a two-family detached dwelling, or a multi-family dwelling unit with up to six guest rooms that are used, offered, and/or advertised (through an online platform or any other media) for transient overnight accommodations for any period of less than one month. A vacation rental is considered a "Lodging" use under the UDO. Vacation rentals do not include homestay rentals (as defined within the UDO). A vacation rental includes any residential dwelling or dwelling unit, or portion thereof, provided to renters for any period of less than one month that does not qualify as a homestay rental under this ordinance; provided, that any use that comes within the purview of another use under the UDO (e.g., motel, hotel, boarding house, etc.) shall be governed by the terms of that use and not as a vacation rental.  Please select the "Vacation Rental" tab above to learn more.

Notwithstanding the foregoing, the full-time resident of a dwelling unit (as defined in UDO Subsection 15.05.02 ) may rent out their dwelling unit for up to two weeks in any calendar year and such rental shall not be deemed a vacation rental under this section 15.14 but rather shall be considered an incidental use of the dwelling that does not require approval or permitting under this Article.

Permissible Zoning Districts

A vacation rental is a permissible use, subject to a 75' transitional zone (see below), within the following zoning districts subject to the requirements detailed in UDO Section 15.14 (detailed below in "Vacation Rental Regulations"):

Transitional Zones/Special Use Permit May Be Required Before Commencement of Use

Pursuant to UDO, Section 6.02, transitional zones are established and apply to the procedures and evidence required for development in any existing zoning districts.  Transitional zones attach to each R1, R1A, RR, R2, and RA district, (hereinafter, “the protected district”) without regard to the current uses in that district.  They are established for the purpose of creating special protections for residents of protected districts from the potential adverse impacts of certain potentially incompatible nearby development, based upon the legislative finding that the general requirements of this ordinance have not been sufficient to protect the residents of such protected districts from the adverse consequences of such developments and that the variety of circumstances which may need to be ameliorated in the face of such development is not amenable to a “one size fits all” approach.  The land within a transitional zone may be used as permitted in the underlying district, but only pursuant to the procedures and standards applicable to these zones, as created under Section 6.02.  

1. For designated development in an adjacent zone, the transitional zone shall be measured from the closest point of the area used or disturbed for the development to the boundary of any protected district as measured from all points along that boundary, the nearest point controlling applicability of this Subsection.  
2. For development subject to transitional zones within the protected districts, the transitional zone shall be measured from the closest point of the area used or disturbed for the development to the boundary of any protected lot, the nearest point controlling the applicability of this Subsection.

Whenever a development approval is sought to authorize development within a transitional zone, and any area used or disturbed for the development will be located within the pertinent transitional zone, a special use permit from the Board of Adjustment is required.  If any portion of the area used or disturbed for the development falls within the transitional zone the standards of Section 6.02 shall apply to the entire development. The Board may deny the application if the requirements of this Section are not met, or it may place reasonable conditions on the development, in addition to such conditions as may otherwise be reasonably imposed, specifically designed to mitigate the potential impacts identified within Section 6.02.

Please review UDO Section 6.02 for more detail.  For help determining whether a special use permit will be required please contact the Project Manager Liaison for your area.

Annual Permit Required

Every vacation rental operator must first apply for and procure a zoning permit from the Town. Zoning permits must be renewed annually. Upon application for an initial permit and for each renewal, the applicant must demonstrate compliance with all applicable provisions of this section on such forms as may be provided by the Administrator. The zoning permit number authorizing the short-term rental shall be conspicuously posted on (i) all advertisements for short-term rentals and (ii) on the subject property in a location easily viewable from the exterior of the structure provided, that if the permit number cannot be viewed from a private or public street, it shall be displayed where it can be viewed from the public or private street adjoining the primary façade of the dwelling unit.

•  Annual Short-Term Rental Application (PDF)($500.00)

Vacation Rental Regulations

1. A vacation rental is required to provide at least one (1) parking space per bedroom, which may not be located on any street right of way, and must conform to all applicable parking regulations of this ordinance. In the RA Residential Agriculture zoning district, parking should be to the side or rear of the vacation rental dwelling.
2. A vacation rental operator shall ensure that the primary responsible renter of a vacation rental is at least twenty-one (21) years old.
3. Without limiting the applicability of other Ordinance requirements, a vacation rental is subject to Article 31 Landscape Standards.
4. In the R3 Multiple-Family, B1 Central Business, B2 Neighborhood Business, and B3 General Business zoning districts, only single-family detached dwellings and two-family detached dwellings existing as of January 1, 2014, may be converted to vacation rental.
5. Cooking facilities are not permitted in any bedroom. For the purpose of this regulation, cooking facilities include any refrigerator in excess of seven cubic feet; any stovetop range that operates on 220-volt electric service; any appliance that operates on natural gas; or any cooktop, whether integrated into a countertop or a separate appliance, which contains more than two cooking surfaces or burners. This shall not prohibit cooking facilities within a one-room studio vacation rental.  For the purpose of this regulation, a studio shall be a single-room rental with a sleeping area, living area, and kitchen/eating area in one consolidated room.
6. No signs advertising the property as a rental are allowed.
7. In residential zoning districts, renters of vacation rentals shall not utilize the premises for holding special events or large gatherings. The rental operator shall inform renters of this regulation and of the applicability of the town’s noise ordinance (Chapter 82 of the Code of Ordinances), which regulates nuisance noises and makes it unlawful to create, cause, or allow the continuance of any unreasonably loud noise, particularly during nighttime, which interferes with neighboring residents’ reasonable enjoyment of their properties.
8. The premises shall not be used for a home occupation that allows employees, customers, clients, or patrons to visit.  
9. For any building that contains multiple dwelling units, no more than 5% of the dwelling units or two dwelling units, whichever is greater, may be operated as a vacation rental in any single building. Permits shall be issued on a first-come, first-served basis based on the initial application date, and thereafter may be renewed.  If a permit lapses before renewal, a renewal application shall be treated like an initial application for purposes of this paragraph.
10. Vacation rental operators shall comply with all applicable State and local laws, including those relating to fire and building codes, smoke detecting and carbon monoxide detecting equipment, and housing codes.
11. Vacation rental operators are responsible for and must ensure that any and all occupancy taxes and other applicable taxes due under law as a result of their rental activities are remitted to the proper tax authorities, whether through their online platform service or by personally remitting the required taxes. The town shall require evidence of payment of such taxes as part of the application and permitting process, and may also conduct audits of vacation rental permittees, as it sees fit in its sole discretion, in order to ensure payment of all such applicable taxes.
12. The rental operator or the operator’s employee, management company, or other agent must be available to respond to complaints by renters or neighbors and to emergencies within two (2) hours at all times that a rental is occupied. A method will be provided for concerned citizens to make complaints or report emergency situations.
13. If the primary structure on a property qualifies for vacation rental use, a lawful accessory dwelling structure on the same property also may be used for vacation rental. The operators of such a vacation rental may, at any given time, offer for short-term rental of either the single-family dwelling unit or the accessory apartment, or both units. The simultaneous rental of both the single-family dwelling unit and the accessory apartment to more than one party under separate contracts is prohibited. The units may, however, be rented out together to one party under a single contract. 
14. Vacation rental operators must carry insurance that covers the rental use and renters.
15. Vacation rental permits are not transferrable. Every person wishing to operate a vacation rental must apply for and obtain the required permit prior to beginning the operation of the rental.

Have a complaint about a short-term rental property/operator within the Town of Boone corporate limits?

The Town of Boone has established a 24/7 reporting system through Host Compliance for citizens to report either illegal short-term rental properties or for reporting nuisance-related complaints, such as noise, parking, trash, etc, related to short-term rentals.  These phone and online hotlines are for reporting short-term rental complaints only.  By using either of the Host Compliance hotlines, you can gather video or picture evidence that may be useful for enforcement actions against short-term rental operators.

Once a complaint has been filed, a responsible party for the short-term rental property (if rental is properly permitted) will be contacted to allow them a chance to resolve the issue.  The Town of Boone Planning and Inspections Department will also be notified.  Please note, that the Town of Boone Planning and Inspections Department has a regular schedule of Monday-Friday, 8 am - 5 pm, and is not available on nights and weekends to respond to complaints.   Complaints made during nights or weekends will be reviewed on the next business day.  

Mapping

To confirm whether a property is within the Town of Boone corporate limits, please use the Town's online GIS system.  Once on the website, you can search on the left-hand side by owner name, parcel id, or address. 

File a complaint

Please choose one of two of the following options to file a short-term rental complaint:

PHONE: (828) 818-8238	Online: Click Icon below