Is it possible to limit short-term rentals in Cape Charles? If so, is it fair? What does limit mean? Limit the total allowable number of STRs, the number of nights it can be rented, the number of occupants, or all of the above.
There have been some half-baked ideas floating around that the town can love its vi$itor$, and at the same time limit the short-term rental market. There are some folks who want to have their cake and eat it too.
It does seem odd that there are folks who, by choice, live in a tourist town, yet complain about the presence of tourists.
I get the angst. I grew up a surf punk in VABeach, and we hated tourists—but, we also knew they weren’t going away. So, we found a way to coexist…we didn’t share the waves though. Yet, is there a more deflating, dehumanizing statement than “The Tourists are Back!” Get ready to fight for your right to shop at Food Lion.
The issues of noise, density, parking, [insert complaint here], are real, however, the issue of STRs is fundamentally American.
Property Rights: Property owners argue that they should have the freedom to use their property as they see fit, including renting it out on a short-term basis. Property rights have long been a cornerstone of American society, deeply rooted in the nation’s legal and cultural framework. They are fundamental to personal freedom, allowing individuals to control their own space and make decisions about its use.
The protection of property rights is seen as a safeguard against government overreach, ensuring that individuals are free from undue interference.
Property ownership allows individuals to express their personal identity and values through the way they use and manage their property, from homes to businesses.
Property rights were central to the thinking of the Founding Fathers, who believed that the protection of property was essential to the pursuit of happiness and the prevention of tyranny.
While all of this is true, property rights must be balanced with the public interest. This is where Cape Charles finds itself—through regulation and zoning, can the town achieve a balance to ensure that STR properties do not harm the community and ruin life for some residents?
Who decides who gets to leverage STRs, and who doesn’t?
If a person spends $760k on a property, who’s going to tell them they can’t rent it either short or long-term?
Reality Check: The rise of short-term rentals has created new business opportunities and spurred innovation in the hospitality industry—it seems there is a new bistro or eatery opening all the time with a seemingly new, eclectic, and interesting take on cuisine.
Will muzzling growth and opportunities (bringing in more new blood) eventually harm the town, forcing it into an inevitable cycle of entropy, withering, and decline? Limiting STRs may come with unintended consequences. Does Cape Charles really want to go down that road?
Do you ban STRs completely or let the market shake itself out?
For Real: The American legal system, based on English common law, has long emphasized the importance of property rights as fundamental to individual liberty and economic stability. Messing with this should, if at all, be undertaken with great care.
Many are clinging to the myth that Cape Charles is, or possibly was some version of Mayberry. That was never true. In the past, it was more like Cicely, Alaska from the TV show Northern Exposure. After the tourists leave, and the population dwindles to 800 or so, it may once again attempt to recapture little lost Gloria and the Mayberry myth…during the warm months, this town is a small block version of Ocean City or Virginia Beach–and it belongs to the vi$itor$.
If a bunch of punk surfers were able to cope and come to grips with their reality, maybe CC residents could also find a way to coexist…at least for a few months.
Just a thought: If you can’t beat ’em, maybe join ’em…if you are already retired, rent your place out over the summer and use that income to check out the many wonderful places in the world.
So it goes.
The broad powers enjoyed by both public health and planning officials are grounded in a legal principle called the “police power.”
The police power is the inherent authority of a government to impose restrictions on private rights in the interest of the general security, health, safety, morals, and welfare.
To achieve these communal benefits, the state retains the power to restrict (within federal and state constitutional limits) private and economic interests, including freedom in uses of property.
The police power is the natural prerogative of sovereign governments to enact laws, promulgate regulations, and take action to protect, preserve and promote public health, safety and welfare.
The concept of the police power comes from common law, a body of judicially created law that spans from medieval England to the present day.
In political theory, the police power describes the conditions under which a sovereign government can legitimately intrude upon a person’s autonomy, privacy, liberty, or property.
The police power is an inherent authority of the states; the federal government does not have inherent police power.
The states can delegate their police power to local governments.
Some states have delegated the police power to local government in their state constitution, while others do so by statute.
The most common exercise of the police power over real property is a local or regional government’s adoption and enforcement of zoning regulations, building codes, and environmental protection regulations.
One way to think about this is to consider that local governments use police powers to restrict a private property right so as to protect the common good.
So, what is the common good in Cape Charles?
Seems NOBODY has a clue, starting with the Cape Charles government, itself.
CCM: For Real: The American legal system, based on English common law, has long emphasized the importance of property rights as fundamental to individual liberty and economic stability. Messing with this should, if at all, be undertaken with great care.
ME: And in the United States, every first-year law student learns that property is a “bundle of sticks.” Introduced by Hohfeld, and further developed by the realists, the bundle of sticks concept characterizes property as a bundle of entitlements regulating relations among persons concerning a valued resource.
Property is a disparate ‘bundle’ of legal entitlements, or ‘sticks’ as they are metaphorically termed, so that what property a person holds in any given case is determined by the specific entitlements granted by the law to that person.
Thus, in a regulated community, somebody is not free to do whatever they want with their property and say fornicate the neighbors if they don’t like it.
As to government in Cape Charles, its primary purpose of government is to maintain order and stability so that people can live safely, productively, and happily.
Sounds like it is not happening in Cape Charles, Va.
Makes me glad I’m not stuck there for a sweltering summer of tourists running amuck all over the place.
There is nothing fair or equal on earth. That is all smoke and mirrors to trick the masses.
If you allow STRs, the number one law of economics-“supply and demand” will take effect. As the number of available lodgings decreases, the price of the available lodgings will only increase accordantly. This in-turn will make CC even more elitist. However, I must ask the question-“is this the plan along?”
As a fellow pot stirrer, I appreciate this article, Wayne!
Funny that the word “Limit” has become so offensive to the non residents of CC. I believe the majority of the Voting Residents of Cape Charles do not find the word offensive at all.
“Limit STRs” doesn’t mean eliminate STRs! Do the town visitors even realize what “Limit STRs” means? If not, how can they be offended?
How about a legitimate Capacity Limit per bedroom, like Virginia Beach has for STRs? Is that offensive? It would help with the parking nightmare and possibly save a life. These are businesses. Shouldn’t they be regulated…or is REGULATED offensive too?
What if a home built/zoned R1 for a single family of 4 (since that is the average American family size) burns to the ground with 14-20 people in it…was the house’s means of egress enough to accommodate those numbers in an emergency?
I learned, as a partner in a small 6 unit apartment building in Norfolk that was constructed a few years ago, that for safety reasons, we were required to have proper means of egress, fire suppression/sprinkler system, smoke/CO detectors, exit signs, and a maximum capacity number per unit.
STRs in Cape Charles are basically commercial enterprises that are not regulated and aren’t subject to the same rules as Bed & Breakfasts, small boutique hotels, small apartment buildings, etc. I would bet that some of the B&Bs in town have fewer guests per season than some of the large capacity STRs, but those B&Bs have limits on capacity and must adhere to other regulations, unlike the STRs.
Coexist??? Does that mean move to Cheriton, Tower Hill or even Eastville? Oh and as an ex- surfer “Virgina has no waves”.😆
Chip
Editor’s Note: Well done. 🏄🏻♂️🏄🏻♀️🏄🏻Please keep reminding everyone that VABeach has no waves, so just stay away.
In Virginia, Bed and Breakfast facilities must be permitted as lodging facilities under the Sanitary Regulations for Hotels (12VAC5-431).
Bed & Breakfast facilities are subject to all of the requirements of this regulation, with two exceptions:
Unlike in a hotel or motel, B&B laundry storage rooms do not have to be separated from owner living quarters.
B&Bs are not required to have a three-compartment sink or commercial dish-washing machine for the washing of any glassware provided in patron rooms.
Chapter 431. Sanitary Regulations for Hotels
Part I. Definitions and General Provisions
Section 10 Definitions
Section 20 Purpose of regulations
Section 30 Applicability of other Virginia regulations to hotels
Section 40 Administration of regulations
Section 50 Right of entry and inspections
Part II. Procedural Regulations
Section 60 Applicability of Administrative Process Act
Section 70 Emergency orders
Section 80 Enforcement of regulations
Section 90 Suspension of regulations during disasters
Section 100 Variances
Section 110 Hearing types
Section 120 Request for hearing
Section 130 Hearing as a matter of right
Section 140 Appeals
Section 150 Grandfather clause
Section 160 Submission of plans, specifications and other data
Section 170 Application for a permit
Section 180 Permits
Section 190 Issuance of a permit
Section 200 Denial of a permit
Section 210 Suspension of a permit
Section 220 Revocation of a permit
Section 230 Permits issued under prior regulations
Section 240 Application after revocation
Section 250 Periodic inspection
Section 260 Inspection report
Section 270 Correction of violations
Part III. Design, Construction and Operational Criteria
Section 280 Supervision
Section 290 General sanitation
Section 300 Floor requirements
Section 310 Walls and ceiling requirements
Section 320 Room furnishing requirements
Section 330 Air volume, heat, light, and ventilation requirements
Section 340 Box springs, mattresses, bedding and linen requirements
Section 350 Bed spacing requirements
Section 360 Toilet, lavatory, and bath facilities requirements
Section 370 Solid waste
Section 380 Vector control
Section 390 Spas, swimming pools, and other swimming facilities
Section 400 Water supply systems
Section 410 Sewage disposal
Section 420 Fire safety
Section 430 Chemical and physical hazards
Section 440 Food services
Section 450 Lodging unit kitchens
Section 460 Examination of employees for communicable diseases
Section 470 Pets
Section 480 Posting of rates and Code of Virginia sections
Section 490 Employee training
As a second home owner that does not rent and purchased in 2003. I ask a question, did you ever eat at the Harbor Grill? Did you have a tab at the market prior to the Lemon Tree? We did, it was a time for pioneers. Nothing stayed for long, maybe a year maybe two.
I remember…. then, my 9 year old daughter cried when she saw our “beach house” for the first time. Roll forward, I am very thankful for the folks that helped turn CCVA into a destination. I would like to thank, Hurricane Sandy (took out the Jersey Shore), Younghouse Love, and HGTV that showed visitors the simplicity and throwback style of our town.
Our economy is dependent on visitors. Our jobs, our choice and our new neighbors that have placed bets on this town, depend on the tourist economy.
It’s a simple baby and bath water problem.
The renaissance of Cape Charles is upon us, make friends, be kind and welcome all. The market will choose if we win or lose not government.
Perfectly said.
No one talks about the big fluorescent orange stickers that seemed to adorn the front window of every third house in the Historic District only 10-15 years ago. No one talks about the Cape Charles natives who got rich on real estate.
The “Don’t Tread on Me” crowd seems intent on restricting my rights. Don’t make no sense.
What rights of yours do you feel are being trod on here?
What constitutional right do you have to have an STR in Cape Charles, Va.?
Virginia Constitution
Article I. Bill of Rights
A DECLARATION OF RIGHTS made by the good people of Virginia in the exercise of their sovereign powers, which rights do pertain to them and their posterity, as the basis and foundation of government.
Section 15. Qualities necessary to preservation of free government.
That no free government, nor the blessings of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality, and virtue; by frequent recurrence to fundamental principles; and by the recognition by all citizens that they have duties as well as rights, and that such rights cannot be enjoyed save in a society where law is respected and due process is observed.
Hi Paul – did you mean this for the “paul plante where i am and why” thread? No worries on the mistake crack on!
Hi, Peter, and no, I meant it for right where I posted it, to bring it to your attention, to see what kind of response I might get, because above here, if you recall, you posted “The ‘Don’t Tread on Me’ crowd seems intent on restricting my rights. Don’t make no sense,” and I thought tho9se words, which apply to you, the ones about ALL citizens having DUTIES as well as rights, and that such rights cannot be enjoyed save in a society where law is respected and due process is observed.
Do you think the STR crowd in Cape Charles believes any of that?
Do you?
Again, I am trying to read it, but I just have to assume this is a misplaced bit for the Paul Plante Where I am and Why thread. See, Wayne gave you your own place for all the stuff that makes sense to you, that you want to post, but is nonsense to everyone else. Its the Paul Plante Where I am and Why thread. I will see if I can post a link for you. Hang on.
Some might assume from your avatar, Peter, the skull and crossbones, that you are not really big on such mundane things as law and order and the right of OTHER people to the quiet enjoyment of their property, so I thought that language from the Virginia Bill of Rights might help you make sense of things with regard to the position taken by what you call the “Don’t Tread on Me” crowd that you feel seems intent on restricting your rights, although it remains unclear as to exactly which rights of yours they are trying to restrict.
Peter, dude, if you can’t read such a simple thing as I have posted, which happens to be straight from YOUR Virginia constitution, unless you don’t live in VA, but just want to have an STR here, things you should have known when you were in kindergarten if you were brought up right and educated right, then you are hopeless which explains why you are so confused here about this STR business where people who actually live in Cape Charles simply want dome respect for their property from the out-of-towners who come here to party in a place where they won’t be pissing off their own neighbors.
exactly. well said Paul! very clear!
And Peter, not surprisingly given your seeming problem with reading comprehension where big words stymie you, you have it exactly backwards – my “Paul Plante Where I am and Why thread” is where I post things from the national news which DO NOT make a lick of sense to me as a sane, rational and logical person, but at the same time are accepted without question by people like yourself as the way things are supposed to be.
CCee, Wayne gave you your own place for all the stuff that makes sense to you, that you want to post, but is nonsense to everyone else. Its the Paul Plante Where I am and Why thread. I will see if I can post a link for you. Hang on.
he is making fun of you, and that you don’t see it is the best part of the joke.
Note: The fact that Peter the Fool thinks he’s clever is the actual joke.
Volunteers play a major part in making Cape Charles both a wonderful place to live and visit. Here are some of the volunteer opportunities available:
Arbor Day,
Between the Waters Bike Tour,
Building Code Board of Appeals,
Cape Charles concerts in Central Park,
Cape Charles Day and Community Clean up,
Cape Charles Garden Tour,
Cape Charles illumination,
Cape Charles Main Street,
Cape Charles Museum,
Festive Fridays,
Friends of the Cape Charles Library,
Garden Tour sponsored by Master Gardeners,
Historic District Civic League,
Historic District Review Board,
July 4 parade and events,
LOVEfest in central park,
LOVE Run,
New Roots Youth Garden,
Planning Commission,
Rescue Squad,
Thursdays in the Park clean up,
Tree Advisory council,
Volunteer Fire Company,
Volunteering in our local schools,
Wetlands and Coastal Dune Board…
plus everything that our churches in town provide:
Food Bank, Splash Camp, helping families who need shelter, help with paying bills, etc.
Already we have seen the Museum have to close periodically, because there was no volunteer available.
Every time a home sells and is turned into an STR, we lose folks who contribute so much to this town, through their volunteering hours.
Is that something that people place value on?
What if there were no volunteers, because all of the residents were gone?
Would that make a difference to anyone?
Limiting STRs, not eliminating them, helps ensure that these volunteers feel comfortable staying in their homes, with neighbors around, and in the end, wouldn’t everyone benefit from that?
Money is not everything that makes this town what it is.
Editor’s Note: Great points. Well said.
Thank you. I shared similar information with the Town Council at their most recent meeting.
Editor’s Note: Yes, we heard you. Never lose the passion and love for your town.
If you want to rent out a house to pay the mortgage, then you can not afford it to begin with.
Truth and wisdom!
Keep the answer simple ” Just Say NO ” to STR’s
STRs seem to be about as popular around here as STDs.
AMEN
Virginia Constitution
Article I. Bill of Rights
A DECLARATION OF RIGHTS made by the good people of Virginia in the exercise of their sovereign powers, which rights do pertain to them and their posterity, as the basis and foundation of government.
Section 3. Government instituted for common benefit.
That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and, whenever any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal.