Board drops short-term rental language from zoning code

In an effort to bring Burke County's zoning ordinances into alignment with similar state laws, the Burke Board of Commissioners voted unanimously to remove all references to short-term rental properties from the county’s zoning ordinances at its regular monthly meeting Monday night.

Short-term rentals are generally defined as primary residences unoccupied by the owner which are rented to transient guests for periods of no more than 30 days. Airbnb and Vrbo rentals are examples.

The staff of the Community Development Department recommended making the change, which would bring the county’s zoning ordinances into conformance with similar laws being adopted across the state.

The department looked closely at the case of Schroeder vs. City of Wilmington in making its recommendation.

In that case, the N.C. Court of Appeals ruled that, “state law prohibits a registration requirement for short-term rentals,” by local governments, according to Adam Lovelady of the UNC School of Government. The case eventually cost the city of Wilmington more than $300,000 in legal fees.

“When you go through the court case and review the different factors and issues that were ruled against the city of Wilmington, it was really most of the ordinance; there wasn’t much left to keep,” said Alan Glines, Community Development Director and Deputy County Manager. “We felt we were in the same position when we reviewed our ordinance. We were trying to manage for safety and inspect and count rooms and that sort of thing, and there was just so little to be done with that.”

Burke County resident David Crossen said most of the participants in a Jan. 31 public meeting with the Community Development Department supported the change and added it would simplify the process for homeowners who want to rent out their houses.

“We had a whole host of opinions from around the community, but if I could say so, at least in my opinion, the majority of the folks that took time to come in and voice their opinions were in favor of doing away with the very restrictive STR zoning requirements,” said Crossen. “We feel it hurts Burke County and restricts potential business owners and homeowners from taking opportunities for varying reasons, to bring in a little revenue and a little bit of tourism.”

In addition, the department found, “Enforcement of a few outstanding provisions of the ordinance may be taken up in other ways if problems with noise or crowding of streets arise. If a neighborhood is against the use, a Homeowners Association of the neighbors may be able to address this issue more effectively. In the year and a half that our ordinance has been in place, there have been a very limited number of valid concerns or complaints about the use.”

Monday, Glines said the previous code rarely came into play, calling instances in which it did “very unique, once-in-a-while conditions.”

“For all that, there just wasn’t enough value to keep short-term rentals in the ordinance. We don’t want to have extraneous items in the code that really don’t have any value for the community,” Glines said.

Resident Cliff Bechtal spoke in favor of retaining the language referring to short-term rentals, which was adopted on June 15, 2021 as part of the countywide revision of the zoning ordinance, according to the Burke County website.

“What I think is, we really do need short-term rentals,” Bechtal said. “Why can’t we get our lawyer to make it compliant with the North Carolina Supreme Court?

“I don’t like to throw the baby out with the wash water.”

In the end, Commissioner Jeff Brittain made a motion to change the ordinance, and it passed by a 5-0 vote.

Board grants rezoning request

In another zoning decision, the board voted unanimously to approve a zoning request from Dean Evans to rezone three parcels of land totaling 7.85 acres from Industrial to Residential Three status (primarily for single-family and manufactured homes). The parcels, located off Oak Ridge Church Road in Connelly Springs, were formerly the site of a family business which no longer exists.

The board also tabled discussion of whether to accept a $275,000 Opioid planning grant from Dogwood Health Trust which was awarded to the Burke County Health Department until the April meeting.

County Manager Brian Epley gave a presentation about the county’s new travel policy, which he said would simplify and modernize the process. The policy was approved unanimously, and Board Chairman Scott Mulwee said he appreciated Epley’s efforts. “Thank you for getting that done,” said Mulwee. ‘(We were) Waiting for that.”

The Board also approved proclamations declaring March as National Social Work Month and Apr. 9-15 as National Public Safety Telecommunicators Week.

Heather Joyner, 911 Director, updated the board on changes at the 911 Telecommunications Center since she took over as director last fall. Board member Johnnie Carswell said Joyner has done an outstanding job.

“The biggest thing we did, and you’re very humble, is, we hired you,” said Carswell to Joyner, “to be the leader we need at this time.”

The board also heard a report from the Valdese Economic Development Investment Corporation (VEDIC) about its recent history. The group has totaled more than $7 million in loans and has helped create more than 820 jobs, including 585 in Burke County alone.

Residents discuss Confederate monument

In the citizen comments portion of the meeting, several citizens voiced their objections to the Confederate memorial statue at the Historic Burke County Courthouse.

Shaquana Suggs said she felt threatened by a man in a van when she was gathered with a group of her students on a walking tour of the city in January, 2021.

“That monument is a reminder to me, that no matter who I am, or what I teach, me, my students, my colleagues, and my family can never feel as safe in Morganton,” she said. “I can only hope that someday when my kids are standing there at that memorial square to learn about its history, that that monument won’t be there.”

Moments later, Frank Smith addressed the board, initially expressing his objections to the 2023 property revaluation, which resulted in significantly higher valuations than the previous one in 2019. He quickly turned his focus to the monument issue, however.

“I don’t see how a statue makes anyone feel bad,” Smith said. “Now, maybe if I saw a statue of Malcolm X, it would make me feel bad, but it doesn’t, because that’s part of American history. And if you don’t like that, sorry. I don’t want to hurt anyone’s feelings.”

“You just did,” remarked someone in the crowd.

Dr. Courtney Mull said a meaningful dialogue between folks on both sides of the issue would be the best way to resolve differences.

“I remember a time when people could talk with each other that had different beliefs, and they could listen, and sit in a difficult conversation,” she said.

Carla Kincaid read a letter from a young man who was present at the clash in June, 2020 that involved supporters of the statue and Black Lives Matter protesters. The letter writer asked for the statue to be removed.

Board approves consent agenda

In other actions, the board approved a consent agenda that included:

• Approving a resolution to join the opioid “Wave Two” litigation.
  Accepting the Partners Health Management financial report for the period Jan. to Dec., 2022.
• Hearing a report from the Department of Parks and Recreation about the number of county sports teams for 2022 and 2023.
• Approving reappointments and modifications to the Burke Senior Center Advisory Council.
• Approving appointments to the Foothills Regional Airport Authority.
• Approving the Tax Department’s collection report, refund report, and order to advertise 2022 delinquent real property taxes.

In closed session, the board authorized the County Manager and County Attorney to close on the purchase of real property, assuming the county’s civil work comes in clean.

 Marty Queen is the senior reporter at The Paper. He may be reached at 828-445-8595 or marty@thepaper.media.