Following months of discussion, on October 13, Middleburg Town Council adopted formal rules and regulations governing what's commonly referred to as the "Airbnb" phenomenon, or more accurately, "short term rentals" of residential properties in Middleburg of "fewer than 30 consecutive days" duration.

The legislation was driven by often expressed concerns about Airbnb rentals that have been occurring in Middleburg for some time according to Town Planner and Zoning Administrator Will Moore. At issue were also the details of how Salamander Development will provide professional short term rental administration and property management services for owners of new residences planned for construction on its property on the north side of Middleburg.

With the General Assembly in Richmond moving unsuccessfully to pass legislation governing both control and taxation of such rentals and prominent U.S. Senators calling for FTC probes of "whether short-term rental websites such as Airbnb are taking housing away from long-term renters and pushing up prices" Council's actions, which began as early as its October 2015 work session, have been praised as both prescient and timely.

Key Rules in Brief

Who can rent?

A room or space may be rented out for no more than a total of 30 consecutive days:

1. ONLY if it is part of a building primarily used as a residence; 2. ONLY if any applicable state and local taxes are collected and reported on the rental; and 3. The rental does NOT include group occupancies, defined as "simultaneous occupancy by more than one party under separate contracts."

Where can such rentals take place?

ONLY in properties located in R-1, R-2, or R-3 zoning districts, and ONLY if the owners of those properties have obtained a Special Use Permit from the Town Government. Each permit will take into consideration the rental's "potential impacts on surrounding properties and the community as a whole."

What other standards and requirements must be met?

A written, formal, property management plan must accompany any and all requests for a rental permit. Among other things it must include: a 24-hour-a-day means of contacting the property owner or manager, who themselves must stay within 20 miles of Middleburg for the course of the rental; "how-to" instructions for booking and managing rentals; procedures for collecting and reporting fees and taxes; floor plans; contacts for emergency repairs; and access, upon request, for the Town's zoning administrator or staff to conduct inspections.

Only space in single-family detached "dwellings" may be rented, and the "dwelling" must be primarily used for "residential occupancy" for at least 183 days per year. Space may be rented out for no more than 180 days per year.

The rental must sit on at least a 10,000 square-foot lot and be at least 25 feet away from any neighboring residence.

No one-day or one-night rentals are allowed. A minimum two-night stay is required.

No signage indicating the residence is available for rental is allowed.

Maximum rental occupancy may not exceed two guests per bedroom plus two other guests. (I.e. a 4-bedroom house could accommodate a maximum of 10 guests.)

Parking must be available, in "improved" off-street spaces, for one car per guest bedroom.

The owner of the property must carry at least half a million dollars in liability insurance

After review and public hearings Council approved the new regulations without objection.