(A) Purpose. The purpose is to provide rules governing the issuance of permits and the establishment of operational restrictions for short-term rentals of dwellings within the city. The intent of this chapter is to ensure that the operation of short-term rentals is consistent with existing local, state, or federal laws, statutes, rules, or regulations. For the purposes of this chapter, SHORT-TERM RENTAL means any single-family dwelling or accessory dwelling unit located in a residential or commercial zone that is rented in whole or in part on a short-term basis. A SHORT-TERM BASIS is 30 calendar days or less to the same person. This term does not include bed and breakfasts, motels, hotels, or resort rooms.
(B) Permit required. It is unlawful for any person to advertise, maintain, or operate a short-term rental of a dwelling in the city without a permit required by this chapter. Permits are required for any unit. UNITS are considered any single-family home, apartment, and/or cabin.
(C) Term and scope of permit. A short-term rental permit expires on December 31 of each year. The permit authorizes the permittee to conduct only such services as is described in the permit and in accordance with the terms and conditions of the permit. It is unlawful for a permittee or other responsible person to violate the terms and conditions of the short-term rental permit.
(D) Application and renewal of short-term rentals.
(1) A property owner may apply for a short-term rental permit by filing an application with the Clerk/Treasurer. Applications are subject to limits described in division (F) below. Prior to filing an application with the city, the property owner must first file and receive their license from the county. The application must be on a form approved by the city and may require any information or documentation consistent with the provisions of this chapter. Such application shall include, but not be limited to, the following information:
(a) Name, address, and telephone number of permittee;
(b) Name, address, and 24-hour telephone number(s) of permittee and secondary point of contact, if permittee is not located on-site;
(c) Floor plan, parking location(s), copy of county license, and proof of insurance; and
(d) Any supplemental information that the city finds reasonably necessary to determine whether to approve a short-term rental permit.
(2) To renew a short-term rental permit, the permittee shall file an application with the city that complies with this division (D). The application must be submitted no later than 30 calendar days prior to the short-term rental permit expiration date.
(3) Knowingly making a false statement of fact or knowingly omitting any information that is required in an application for a short-term rental permit shall be grounds for denial of a permit.
(E) Permit fee. Every permit application shall be accompanied by a non-refundable short-term rental permit application fee as established by resolution of the City Council, as may be amended from time to time. This application fee shall be in addition to any other license, permit fee, or penalty fee imposed by local, state, or federal laws, statutes, rules, or regulations.
(F) Limitation of number of short-term rentals per property parcel.
(1) While each unit must be permitted, short-term rental limitations will be determined by property parcels. PROPERTY PARCEL means any contiguous quantity of land in the possession of, owned by, or recorded as the property of the same claimant or person.
(2) The number of property parcels will be limited to 3% of the city’s total housing units as recorded by the 2020 census report plus any additional number of units built since the census report.
(3) No more than two property parcels can be owned by one person for use as a short-term rental. Ownership includes anyone with a financial interest in the property.
(4) Although they would still need a permit, not counted in the total number of property parcels will be property owners that are primary residents of the property and it will be rented for less than 30 days in a calendar year. If there are multi-units on the property, all units are combined for the determination of days rented. PRIMARY RESIDENT means the dwelling unit within which a person lives for six months plus a day during a calendar year and the resident is classified as residential homestead in the county property tax system.
(G) Registry required. Every permittee within the city shall keep a register containing the following information for each person who stays at the short-term rental and shall maintain such register for a period of 18 months. The owner or registered agent shall make the list available to city staff and/or law enforcement upon request.
(1) Name;
(2) Address;
(3) Vehicle year, make, model, color;
(4) License plate;
(5) State in which the vehicle is registered;
(6) Date of arrival;
(7) Date of departure;
(8) Number of guests; and
(9) Pets must be on a leash unless yard is fenced in.
(H) Performance standards.
(1) The main rental contact/person renting from the permittee must be a minimum of 21 years of age.
(2) The occupancy limit will be determined through the county application for short-term vacation rentals, but the maximum allowed on any property parcel within the city will be 15 overnight guests even if the county license allows more.
(3) Unregistered guests are allowed on a limited basis and must leave the property by 10:00 p.m. any night of the week.
(4) The total number of guests, registered or unregistered, cannot exceed double the occupancy limit the property is licensed for through the city.
(5) Prior to the issuance of a short-term rental permit, the permittee shall notify all owners of property within 350 feet of the permitted short-term rental involved in the application. This notice shall be in writing and contain the location of the short-term rental the contact information for the permittee and the permittee’s designated secondary contact.
(6) The permittee or designated secondary contact must be able to be on-site and respond to any complaints within 30 minutes of notification, regardless of the time of day.
(7) Permittee shall post the following:
(a) An aerial view of the property, clearly showing the property boundaries, parking areas, shore recreational facilities, garbage receptacles, and the like;
(b) City and county regulations regarding noise, parking, pets, and/or lakes along with the county/city regulations related to parking, number of guests, unregistered guests, and the like;
(c) The full name and phone number of the local contact person or local management agent;
(d) Local emergency contact information (police, fire, ambulance); and
(e) The county and city permit and license occupancy limits.
(8) Garbage, refuse, or recycling shall be stored completely enclosed within designated containers. The owner or operator of the rental unit shall provide sufficient trash storage containers and services to accommodate the demand of the occupants.
(9) The licensee must provide proof of sufficient and suitable property insurance with the license application and must be able to confirm that the coverage remains in place within 24 hours of a request by the city.
(10) No fireworks.
(11) There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a short-term home rental, except that additional on-site city code compliant parking may be provided.
(13) All short-term rentals shall comply with any and all federal, state, and/or local laws, including, without limitation, all zoning requirements.
(I) License non-transferable.
(1) A license is non-transferable and non-refundable.
(2) The discontinuation of an operation by the licensee at the address covered by the license voids the license.
(3) A voided license shall be surrendered to the city immediately by anyone in possession of it.
(4) Change of ownership requires a new application. The city shall be notified in writing within five business days of any change of property owner or rental agent.
(J) Parking. All tenants and guests must comply with city parking regulations, including seasonal on-street and off-street parking regulations along with county regulations for short-term rentals.
(K) Noise standards. For short-term rentals, outdoor amplified sound that can readily be heard by surrounding property owners shall be prohibited between the hours of 10:00 p.m. and 6:00 a.m.
(L) Posted notice. Owner shall post within the dwelling unit notice of all use restrictions as set forth in this section.
(M) Disorderly conduct prohibited. Disorderly conduct is prohibited on all permitted premises. It shall be the responsibility of the owner to ensure that all tenants occupying the permitted premises and their guests conduct themselves in such a manner as not to cause the permitted premises to be disorderly. For purposes of this section, DISORDERLY CONDUCT refers to any disorderly conduct violation under state statutes or this code.
(N) Permit revocation. Every short-term rental permit is subject to revocation for violations of this section or any other provision of state statutes or this code.
(O) Violations. Violations of this section shall be reported to the City Clerk/Treasurer and/or Police Department who shall review the violation and provide written notice to the permit holder of the violation and any necessary remedial actions.
(P) Revocation. If a permit holder fails to correct a violation or receives three violations within any 12-month period, the Police Department shall revoke the permit. The City Clerk/Treasurer and/or Police Department shall provide written notice to the owner and any registered agent of the revocation. The notice shall inform the owner and agent of the right to appeal the decision to the City Council.
(Q) Appeal. A permit holder aggrieved by the revocation of a short-term rental permit may appeal to the City Council. Such appeal shall be taken by filing with the City Clerk/Treasurer within ten days after date of issuance of the written revocation notice, a written statement requesting a hearing before the City Council and setting forth fully the grounds for the appeal. A hearing shall be held within 30 days of receipt of the request. Notice of the hearing shall be given by the City Clerk/Treasurer in writing, setting forth the time and place of the hearing. Such notice shall be mailed, postage prepaid, to the permit holder at his or her last known address at least five days prior to the date set for hearing.
(R) Effect of revocation. If a short-term rental permit is revoked, it shall be unlawful for anyone to thereafter allow any new short-term rental occupancies of the dwelling unit until such time as a valid short-term rental permit is issued by the city. No person who has had a permit revoked under this section shall be issued a short-term rental permit for one year from the date of revocation.
(Ord. passed 6-9-2020; Ord. passed 4-13-2021; Ord. passed 7-13-2021; Ord. passed 8-16-2022; Ord. passed 10-11-2022) Penalty, see § 156.999