Kure Beach considering rental regulations. (Unfortunately, they aren’t permitted in NC)

Kure Beach to consider cracking down on vacation rentals

(VIA WECT) Kure Beach will consider cracking down on vacation rentals. The Kure Beach Planning and Zoning Commission will hold a special meeting at Town Hall on March 4 to receive public input on a proposed “Vacation Rentals” ordinance.

Planning Commission Chairman Craig Galbreith said the proposed ordinance would require homeowners to pay an application fee to apply for a permit before renting out their property. The homeowner would have to provide information about the size of the house and if they’re using an agent.

The ordinance would limit the number of adults per bedroom to two,  and homeowner would have to agree not to use the property for commercial activities including weddings and large parties. FULL STORY

Unfortunately, it doesn’t appear that the Town can proceed as proposed. Legislation passed in 2011 ( S.L. 2011-281) clarifies and limits local government authority to conduct residential rental inspection programs.

It seems pretty clear that NCGS 106A-424 precludes such rental regulations. Specifically section C specifically speaks to what the Town can or can’t do.

In short, they don’t appear to be able to do what is being proposed:

C) In no event may a city do any of the following: (i) adopt or enforce any ordinance that would require any owner or manager of rental property to obtain any permit or permission from the city to lease or rent residential real property, except for those properties that have more than three verified violations in a 12-month period or upon the property being identified within the top 10% of properties with crime or disorder problems as set forth in a local ordinance; (ii) require that an owner or manager of residential rental property enroll or participate in any governmental program as a condition of obtaining a certificate of occupancy; or (iii) except as provided in subsection (d) of this section, levy a special fee or tax on residential rental property that is not also levied against other commercial and residential properties.