Short-Term Rentals (Homestay & Vacation Rentals)

  1. General Information
  2. Homestay Rental
  3. Vacation Rental
  4. Complaints/Concerns

Short-Term Rental Regulations Modified

On December 8, 2021, the Boone Town Council amended the Town of Boone Unified Development Ordinance (UDO) to modify and create new regulatory standards for short-term rentals (homestay or vacation rentals) of dwelling units within the Town of Boone corporate limits. 

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. 

Homestay and Vacation Rental Defined

  • Homestay Rental: A homestay rental is defined as 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. Please select the "Homestay Rental" tab above to learn more. 
  • Vacation Rental: A vacation rental is defined as 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.

Compliance/Existing Non-Conforming Short-Term Rentals

  1. Homestay or un-permitted vacation rentals in operation as of June 30, 2022, must apply for a permit on or before December 31, 2022, and must come into compliance with all homestay or vacation rental requirements by June 30, 2023.  Note: See tabs above for specific use requirements for homestay and vacation rentals.
  2. Any existing homestay or un-permitted vacation rental not conforming must be brought into compliance with the use requirements or cease operation by June 30, 2023.
  3. Any person seeking to begin operation of a homestay or vacation rental after June 30, 2022, must first apply for and obtain a permit.

Revocation

The Administrator shall revoke a homestay or vacation rental permit following a written determination that an operator of the rental has been:

  1. Convicted of violating any of the following criminal laws on the homestay rental premises within the prior three-year period:  Article 10 (kidnapping), Article 10A (human trafficking), or Article 27 (prostitution) of Chapter 14 of the North Carolina General Statutes;
  2. Convicted of committing a violent felony as defined at N.C. Gen. Stat. §14-7.7 on the homestay rental premises within the prior three-year period. 
  3. Convicted of violating any of the following criminal laws on the homestay rental premises within the prior 365-day period
  • Article 3 of Chapter 18B of the North Carolina General Statutes (sale, possession, and consumption of alcohol)
  • N.C. Gen. Stat. §14-71.1 (possession of stolen goods)
  • N.C. Gen. Stat. §14-292 (unlawful gambling)
  1. Received within a 365-day period two or more “Verified Violations” of any combination of the following, occurring on the homestay rental premises:
  • Any Town Code zoning regulation.
  • Any noise regulation set forth in Town Code Chapter 82.
  • Any nuisance prohibited by Town Code Chapter 80.

A Verified Violation is a determination made by a code enforcement official, law enforcement officer, or judge, following notice of violation being issued by the Town Code and opportunity to respond to the noticed alleged offenses, and an order or other mandate issued to the owner or any other person imposing a sanction or requiring further actions to comply with the Town Code, including, without any limitation, the payment of civil penalties or administrative fees, or implementation of corrective measures, or cessation of activities, or conviction of a criminal offense. 

A verified violation that is appealed continues as a verified violation unless it is overturned on appeal. If the violation is reinstated on a further appeal, it resumes its status as a verified violation.

Once lawfully revoked, a new permit for a homestay or vacation rental cannot be issued or re-instated for the premise for a period of 365 days, except that in case of revocation under (A) or (B) above a new permit cannot be issued or re-instated for the premise for three years unless the person convicted of the criminal violation is no longer a resident, manager or operator of the rental.