Overview of Current Regulations
Asheville, North Carolina, has a complex regulatory environment for short-term rentals (STRs), which balances tourism with community concerns. As of 2024, these regulations reflect the city’s effort to control the growth of STRs while addressing residents’ concerns about neighborhood integrity and housing availability.
Historical Context and Legal Challenges
Asheville has faced significant challenges and legal battles concerning its STR regulations. The city differentiates between “homestays” and short-term rentals:
- Homestays: These are rentals where the owner is present on the property, usually renting out a room or a part of their home.
- Short-Term Rentals: These refer to entire units rented out without the owner present, which has been a contentious issue.
The city had previously banned non-owner-occupied short-term rentals (Type 2 STRs) in most residential zones. However, a new bill proposed in 2023 aims to lift this ban, reflecting a shift towards more lenient regulations (Buncombe County Government).
Current Regulatory Framework
The following outlines Asheville’s current STR regulations:
- Licensing and Permits: All STR operators must obtain a valid permit. This includes both homestays and non-owner-occupied rentals, though the latter is highly restricted within residential areas (Buncombe County Government).
- Zoning and Property Types:
- Homestays are allowed across most residential zones with fewer restrictions, provided the owner resides on-site.
- Type 2 STRs are largely banned in residential zones but may be allowed in commercial and mixed-use areas (Buncombe County Government).
- Safety and Compliance: STR properties must comply with safety regulations, including smoke detectors, fire extinguishers, and regular inspections to ensure safety standards are maintained (Buncombe County Government).
- Occupancy Limits and Disturbances:
- The city enforces strict occupancy limits to maintain neighborhood tranquility, typically limiting the number of guests based on the property’s size and zoning regulations.
- Noise ordinances are strictly enforced, especially during designated quiet hours from 10 PM to 7 AM (Buncombe County Government).
- Tax Obligations: STR operators must collect and remit various taxes, including a 6% city occupancy tax, contributing to a total combined tax rate of 16.75% for STRs within Asheville (Buncombe County Government).
