Buncombe County proposed Airbnb regulations meeting draws hundreds

ASHEVILLE - Emotional stories of evictions from mobile homes and a lack of affordable housing were set against full-throated support for short-term vacation rentals during a spirited Jan. 22 Buncombe County Planning Board hearing at the A-B Tech's Ferguson Auditorium. Discussion ran long in the packed hearing, prompting a safety warning from Fire Marshall Kevin Tipton.

Following the recent steep rise in cost of living and the rapid growth of short-term vacation rentals, the Buncombe County Planning Board has been looking at possible STR regulations. Hundreds of regulation critics and advocates turned out for the meeting, which carried on an hour past its schedule.

AB Tech's Ferguson Auditorium during the Jan. 22, 2024, Planning Board listening session on short-term rental regulations.
AB Tech's Ferguson Auditorium during the Jan. 22, 2024, Planning Board listening session on short-term rental regulations.

One of the proposed Airbnb regulations includes banning short-term rentals from Manufactured Home Parks — also known as mobile homes.

Members of PODER Emma were there to support the regulations. PODER is a neighborhood-based organization working to help neighbors in Asheville's Emma Community develop worker-owned businesses, obtain housing and convene with the neighborhood council.

According to PODER Emma's 2023 Community Plan, 74.3% of those living in mobile homes in the community are Latino/Hispanic.

Liliana Ramirez addressed the board in Spanish, speaking on her experience being displaced due to new Airbnb construction.

"I am here supporting the proposal of Buncombe County because I have lived through the experience of being displaced and losing my affordable housing due to new construction of properties that can then be used as Airbnbs," Ramirez said through a translator. "I had three small children and (the developers) did not care that we didn't have anywhere to go."

Johnathan Palma, a member of PODER's Community Development Team, also spoke in support of the regulations, noting that funds from regulatory measures could help fund affordable housing.

"It would be a good move to restrict them and charge fees to those that would be permitted so that the county could use those funds to invest in affordable housing, mobile home repair programs and other strategies to stop displacement and gentrification," Palma said through a translator.

AB Tech's Ferguson Auditorium during the Jan. 23, 2024, Planning Board listening session on short-term rental regulations.
AB Tech's Ferguson Auditorium during the Jan. 23, 2024, Planning Board listening session on short-term rental regulations.

Realtor association, STR owner concerns

Matt Allen, director of government affairs at the Land of Sky Association of Realtors, said the association "does not believe in a wild west regulation free landscape for STRs" but the association would only support "reasonable regulations."

"An overlay to address the concerns that had been voiced tonight by the folks from PODER Emma — we take that very seriously," Allen said. "We don't disagree that there might be, again, certain areas where it doesn't make sense to have STRs; especially in manufactured housing."

Buncombe County planning documents cite cases of STR regulations in other areas of the state like Sylva, Highlands, Pinehurst and Chapel Hill, in addition to Asheville.

Asheville banned short-term vacation rentals in all but resort districts in 2018. However, a homestay program allows homeowners to rent rooms detached from their primary residence to short-term tenants.

Other locations, like Woodfin, have restricted STRs in non-commercial districts. Recently, a Woodfin property was listed at $20 million for the "remarkable investment opportunity" provided by the estate's various short-term rentals.

Images inside "Dragons Knoll," a subterranean short-term rental offered at Earth & Sky Dwellings.
Images inside "Dragons Knoll," a subterranean short-term rental offered at Earth & Sky Dwellings.

Chip Craig, owner of Greybeard Realty and chair of the STR Trust, said the data provided on the topic of affordable housing doesn't justify the regulation of short-term rentals.

Craig encouraged the board to further discuss what the affordable housing problem looks like.

"We'd really appreciate the dialogue and being able to talk in a workshop or some other type of setting," Craig said. "And then the other thing is since this is supposedly tied to affordable housing, it would make so much sense to have this as an affordable housing module instead of upfront without discussing the rest of the affordable housing picture."

Tom Durrant, a farmer in Leicester, spoke on the possible economic impact regulations might have on his farm. Durrant, a former middle school teacher, uses STRs to supplement his income while farming might be "inconsistent."

"The ability for us to operate STRs means that we're able to develop more productively and in a more progressive manner. We hope to be carbon neutral by 2035," Durrant said.

Buncombe County Commissioner Terri Wells attended the meeting and noted "there is definitely a lot of interest in this topic," in an email with the Citizen Times. Wells said she will continue her research even after the Planning Board makes a recommendation, but did not express criticism or support for the current proposal.

More: Asheville and Buncombe County living wage increases 9% amid soaring housing costs

What do the discussed regulations look like?

A summary of the proposed amendments to short-term rentals includes limiting the use of dwelling units for certain zoning districts, reducing the maximum gross floor area for an STR and the development of a zoning permit process, which would allow pre-existing STRs to remain in operation. Here are some of the proposed amendments:

  • Limit the use of short-term rentals and grouped complexes of STRs to commercial zoning districts, where grouped complexes would have to seek a Special Use Permit.

  • Change the definition of STR to allow only single-family detached units to be rented short-term and clarify that the definition includes those that are rented for a minimum of two days and no more than 30 days.

  • Require the rental of units for two nights every 180 days to maintain legal status of pre-existing STRs.

  • Prohibit short-term rentals in Manufactured Home Parks.

  • Create Special Requirement standards for short-term rentals in commercial areas, including parking, spacing and event limits.

A full list of the discussed short-term rental regulations and meeting video can be viewed at https://engage.buncombecounty.org/Q80571.

Some condos at 17 N Market St. have been proposed for a hotel conversion after owners received short-term rental fines. Jan. 16, 2024.
Some condos at 17 N Market St. have been proposed for a hotel conversion after owners received short-term rental fines. Jan. 16, 2024.

What about existing STRs? Are regulations guaranteed?

A question and answer document provided by the Planning Board describes some frequently asked questions and concerns about the regulations. Here are some of those concerns:

  • What would happen to existing STRs? Current STRs would have the option to be grandfathered into new regulations, where owners would apply for a zoning permit to keep the STR. In order to keep 'grandfather status,' the unit would need to be rented a minimum of two nights every 180 days.

  • Are proposed changes guaranteed? No. The county Planning Board may recommend changing, adding or removing some or all of the proposed changes.

  • How do you share comments? Comments about the proposed regulations can be emailed to planninginfo@buncombecounty.org.

More: While banned in Asheville, Airbnbs are unrestricted in the county. That might change.

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Will Hofmann is the Growth and Development Reporter for the Asheville Citizen Times, part of the USA Today Network. Got a tip? Email him at WHofmann@citizentimes.com. Please help support this type of journalism with a subscription to the Citizen Times.

This article originally appeared on Asheville Citizen Times: Buncombe County Airbnb ban? Proposed regulations