§ 152.353 OPERATION REQUIREMENTS.
   The following operational requirements apply to all short-term rentals properties:
   (A)   Maximum overnight occupancy. The overnight occupancy of an STR shall not exceed two guests per bedroom plus two additional guests. The maximum number of guests in a short-term rental unit is limited to ten guests, excluding children under the age of three years of age. Bedrooms used in calculating occupancy shall be taken from the permit application as affirmed by the property owner, but shall not exceed the number of bedrooms listed on the construction permit application on record with the Avery County Planning & Inspections Department. For homes on a conditional or non-standard septic system, the maximum overnight occupancy shall be posted prominently within the short-term rental unit and shall not exceed the number of bedrooms for which are reflected on the property tax card for the Avery County Tax Office. The owner shall ensure that all listings and advertisements clearly set forth the maximum number of overnight guests permitted.
   (B)   Events. Special events, including weddings, receptions, and large gatherings, are not permitted in STR's. Owners of properties that have an overnight capacity of greater than ten guests, or owners who seek to advertise and use a dwelling unit for large events, are required to apply for a special use permit with the Board of Adjustment. At such hearing, the Board of Adjustment shall determine whether the proposed use is consistent with the harmony and character of the neighborhood, including its impact of noise, light, traffic, property values of surrounding properties, and any other factor deemed appropriate by the Board.
   (C)   Display of registration number. Owner must prominently display the registration number in all online STR advertisements.
   (D)   Display of responsible party. All STR's operating within this planning jurisdiction shall have a designated responsible party who is available 24 hours a day during all times that the property is rented or used on a transient basis. The name, telephone number, and e-mail address of the designee shall be conspicuously posted within the short-term rental unit. The designee shall reside within 20 miles of the short-term rental property and be available to respond to complaints within 45 minutes of the receipt. A designee's repeated failure to timely respond to complaints may result in the revocation of the STR permit.
   (E)   Noise. The amount of noise generated by the STR shall not disrupt the activities of the adjacent landowners, as regulated in the Town Code.
   (F)   Trash and recycling disposal. The dates and instructions for trash and recycling collection shall be the responsibility of the property owner in accordance with Chapter 94 of the Town Code.
   (G)   Parking. The owner shall provide adequate on-site parking, to include a minimum of one parking spot for every two bedrooms on an improved parking surface.
   (H)   Age requirements. The principal guest of a short-term rental unit shall be at least 21 years old.
   (I)   Minimum duration. The property owner shall not make the residential dwelling unit available to short-term rental guests for a period of less than overnight.
   (J)   The simultaneous rental to more than one party under separate contracts shall be prohibited.
   (K)   Signage. No signage other than property identification (house number and street name) shall be allowed.
(Ord. passed 7-13-2020)