Commissioner Gene-o Shipley
The County Commission on Wednesday, after hearing impassioned arguments from each side, delayed for a month a decision on whether to ban future Short Term Vacation Rentals (STVRs) in residential districts in the unincorporated county.
Chairman Jeff Eversole said he wanted the resolution to get further study by the full commission at the committee level.
Commissioner Lee Helton objected to that move, but he was outvoted.
Commissioner Geno-o Shipley, who brought the resolution, said it was "wrong to bring a business into a neighborhood."
Commissioner Joe Graham, who said STVRs have revitalized his Lookout Valley neighborhood, fought the measure. He said, "We're trampling on the rights of people who want to rent their houses." He said the current rules set up to regulate STVRs "are working" and were only opposed by "a handful of people."
One of those was prominent businessman and civic leader John Germ, who said he did not want to see "a residential rental next to me."
There was an overflow crowd at the commission meeting, and both sides had about 10 speakers.
Several speakers in favor of the resolution said there was an organized effort by those against because of the money they are making. One STVR operator responded that she and others were "not getting rich" on rentals, but she said she hoped it would provide her with some retirement funds.
The resolution, if it goes forward and passes, will not affect currently operating rentals in neighborhoods or those who are going through the permitting process.
The City Council earlier voted to open up rentals throughout the city, but only in commercial districts for future ones.
Here is the current wording of the resolution:
REGULATIONS AS ADOPTED BY RESOLUTION NUMBERS 423-27, 423-39, AND 923-35, BY PROHIBITING THE OWNERSHIP AND OPERATION OF SAME WITHIN RESIDENTIALLY-ZONED COMMUNITIES OF THE UNINCORPORATED AREAS OF HAMILTON COUNTY, TENNESSEE.
WHEREAS, by passage of Resolution Numbers 423-27, 423-39, and 923-35, this county legislative body adopted certain regulations concerning the ownership and operation of shortterm vacation rentals (“STVR”) within the unincorporated areas of Hamilton County, Tennessee; and
WHEREAS, after regulating said practice, this body now feels that the continued allowance of said commercially-based residential dwellings for a period of less than 30 days requires further restrictions in order to adjust to the various problems experienced and reported by the various communities throughout Hamilton County reporting common mis-uses of said privileges; and
WHEREAS, this county legislative body feels that a majority of the problems voiced and experienced can be eliminated by now requiring that the certifying of said commercial enterprises should be restricted to non-residentially zoned communities within the unincorporated areas of Hamilton County.
NOW, THEREFORE, BE IT RESOLVED BY THIS COUNTY LEGISLATIVE BODY IN SESSION ASSEMBLED: That present Article II of the Zoning Regulations of Hamilton County be deleted in its entirety and the following language be inserted as a replacement: “SHORT-TERM VACATION RENTAL:
A single-family detached dwelling unit located in a non-residentially zoned community of the unincorporated areas of Hamilton County that is rented in part of its entirety on a daily or weekly basis for not more than 39 days for overnight stay and are generally advertised or otherwise held out to the public. Short-Term Vacation Rentals are also sometimes referred to as “tourist homes” or “short-term residential rentals” and advertised as such.”
BE IT FURTHER RESOLVED: That the Procedures and Regulations for the certification and operation of short-term vacation rentals (“STVR”) within the unincorporated areas of Hamilton County, Tennessee, as established by the passage of Resolution No. 423-27 (as later amended by adoption of Resolution No. 423-39) are hereby amended to provide that said “Short-Term Vacation Rental (“STVR”) Certification and Regulations” for the issuance of short term (of less than 30 days of continuous duration) vacation rentals shall apply to structures within the unincorporated and non-residentially zoned areas of Hamilton County, Tennessee.
BE IT FURTHER RESOLVED: That any and all references in the short-term vacation rentals (“STVR”) Permitting process, and the Procedures and Regulations referring to the Hamilton County Building Inspection Department are hereby amended to substitute the Hamilton County Development Services Department.
BE IT FURTHER RESOLVED THAT THIS RESOLUTION TAKE EFFECT FROM AND AFTER ITS PASSAGE, THE PUBLIC WELFARE REQUIRING IT.