For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CODE COMPLIANCE VERIFICATION FORM. A document to be executed by a short-term rental owner to certify that the property complies with applicable zoning, building, health, and life safety code provisions.
DESIGNATED RESPONSIBLE PARTY. The local contact person responsible for responding to complaints or issues stemming from the use of the dwelling unit as a short-term rental.
GUEST. The person(s) renting a residential dwelling unit for compensation for fewer than 30 consecutive days.
HOMESTAY. The rental, for a period not to exceed 30 consecutive days, of a room or rooms within a private residence for compensation while the permanent resident resides on-site during the duration of the rental period.
HOSTING PLATFORM. An online platform that allows property owners to advertise a dwelling unit as a short-term rental and facilitates the booking transaction for accommodations between a short-term rental owner and a short-term rental guest, including, but not limited to, reservations and/or collection of payment for such accommodations on behalf of the short-term rental owner.
INCIDENTAL VACATION RENTAL. The listing of a rental of a residential dwelling unit for fewer than 14 days per calendar year. If a dwelling unit is made available for short-term rental for more than 14 days per calendar year, the owner is responsible for obtaining a short-term rental permit even if the property ends up being rented for fewer than 14 days.
NON-OWNER OCCUPIED. Owner is absent from the property and the entire property has been leased to the occupant for a specified period of time.
OCCUPANCY TAX. A tax collected by the Town of Banner Elk for properties who rent short-term for 90 consecutive days or less to each renter. The occupancy rate for the town is 6%. An occupancy tax form is required to be filed with the Tax Collector on the 20th of the following month of the end of each month's rental period along with payment details.
OPERATOR. The owner or any other natural person, company, or rental agency who advertises, the property for rent and/or who otherwise facilitates the use of the property as a short-term rental.
OWNER. The owner of record of the short-term rental property as recorded in the Avery County Land Records Office. The owner may be a natural person, or any form of business entity recognized by the State of North Carolina. If the owner is a form of business entity, the business entity shall maintain current registration with the North Carolina Secretary of State.
OWNER OCCUPIED. Owner remains on site while a portion of the property is being rented to another unrelated occupant and continues to occupy a portion of the property for their personal residential use.
SHORT-TERM RENTAL ZONING PERMIT ("STR" PERMIT). The authorization required to use the property as a whole-house short-term rental upon registration. The short-term rental zoning permit shall include a registration number. No person shall rent, lease, or otherwise exchange for compensation any portion of a dwelling unit intended for use as a short-term rental without first registering the property and securing a short-term rental zoning permit.
VRBO. Vacation Rental by Owner.
WHOLE HOUSE SHORT-TERM RENTAL ("STR" OR "SHORT-TERM RENTAL"). The rental lease of an attached or detached residential dwelling unit to guests for a duration not to exceed 30 consecutive days.
(Ord. passed 7-13-2020)