A. Intent: To provide a process for the use of vacation rentals in Bonner County to safeguard the public health, safety and general welfare, to protect the character of residential areas ensuring compatibility with surrounding residential uses that will not materially alter the neighborhoods in which they are located.
B. Vacation Rental Permit Procedures: A vacation rental permit approval by the Planning Director is subject to the procedures set forth in this section.
1. Vacation Rental Permit Procedures: No structure, dwelling or dwelling unit or portion thereof shall be used as a vacation rental until an application for a vacation rental permit has been reviewed and approved by the Planning Director or designee. The application shall include the following:
a. The name of the landowner/applicant.
b. The address of the property and property number.
c. The name and telephone number of the local representative.
d. The maximum occupancy requested.
e. A parking plan to show the number of off-street parking spaces provided on the property and the maximum number of vehicles allowed to be parked on the property.
f. The solid waste disposal collection day.
g. The name of the fire district in which the vacation rental resides if applicable.
h. Site plan showing the location of all property lines and structures on the property.
i. Any additional material needed for a complete review of the application, as determined by the Planning Director.
j. Fees as determined by the Board of County Commissioners.
C. Vacation Rental Standards:
1. Permit: The vacation rental permit shall be issued for one (1) year. The Planning Department shall issue the permit where it finds the application requirements and the requirements of this section have been met, and upon payment of the "permit fee" in an amount as determined by the Board of County Commissioners.
a. To renew a vacation rental permit, the holder shall submit for renewal on a form provided by the County together with the renewal fee.
b. The renewal request shall be submitted no sooner than sixty (60) days prior to the expiration of the vacation rental permit. A permit for which a renewal application is not timely submitted shall automatically expire.
c. If a permit has expired, a new application shall be required.
d. All current standards of this section, as existing and amended on the submission date of the application for renewal, shall be met in order obtain the vacation rental permit renewal.
e. Any residential dwelling in the County may be rented without a permit for no more than fourteen (14) days per calendar year, where those fourteen (14) days are divided into no more than two (2) stays.
2. Ownership: A vacation rental permit is issued to a specific owner of a property in the applicable zone. If the property holding a vacation rental permit is sold, the vacation rental permit shall immediately expire. Vacation rental permits shall not be transferred between landowners, either by sale or any other means.
3. Occupancy:
a. The maximum occupancy for a vacation rental shall be two (2) persons per bedroom plus an additional two (2) persons up to a total of twenty (20) persons, regardless of age. The maximum occupancy shall also be limited by available off-street parking as set forth in this section, whichever is less. If the cumulative total occupancy exceeds twenty (20) persons allowed per lot or parcel, a High Occupancy Vacation Rental permit is required.
b. No recreational vehicle, travel trailer or other temporary shelter or accessory building shall be used as a vacation rental or in conjunction therewith to provide additional sleeping areas or otherwise, except for structures permitted as Recreational Vehicle Dwelling Units pursuant to section 12-496 which are connected to septic or sewer.
4. High Occupancy Vacation Rental Permit: An application with a proposed cumulative total occupancy exceeding twenty (20) persons people per lot or parcel shall be reviewed against the following:
a. Adequate evidence shall be provided to demonstrate that the use and any appurtenant structures are so arranged on the land as to minimize any adverse effects on surrounding properties, and that the use will not create particular hazards to adjacent properties.
b. Performance Standards For All Uses as found in section 12-421.
c. The Planning Director may, at any time during the review of a High Occupancy Vacation Rental Permit, forward the application to the Hearing Examiner or Zoning Commission for a public hearing and decision in accordance with the public hearing process in section 12-267. The Planning Director shall evaluate whether granting the permit will be consistent with the standards listed in this subchapter.
5. Access: Approval shall be obtained from the agency having jurisdiction over the access serving the site.
6. Parking: One off-street parking space shall be provided for each three (3) persons of occupancy in a vacation rental. No more vehicles shall be parked on the property than there are designated off-street parking spaces. Inability to provide the required off-street parking will reduce the permitted occupancy. The site plan submitted with a vacation rental permit application shall clearly identify the location of the required off-street parking. All accessory uses and additional parking in conjunction with the vacation rental shall be located off-street. On street parking in connection with a vacation rental is prohibited.
7. Solid Waste Disposal: The property owner/owner's representative or a waste collection provider shall provide weekly solid waste collection during all months that the vacation rental is available for rent.
8. Permit Posting: The vacation rental permit shall be posted within five feet (5') of the front door of each dwelling unit, on the inside of the dwelling unit, and contain the following information.
a. The name and telephone number of the local representative.
b. The name and mailing address of the owner.
c. The contact information for the Planning Department and the Sheriff's Office in Bonner County.
d. The maximum occupancy permitted.
e. The parking plan with the number of off-street parking spaces provided on the property. The posted parking plan shall be in the form a clear and legible site plan and shall show all structures on the property and all designated parking spaces on the property.
f. The solid waste disposal collection day.
g. Rules of the area, Homeowners Association rules, etc. Bonner County will not enforce Homeowners Association rules or Covenants, Conditions and Restrictions.
h. Boating and recreational rules.
9. Signs/Advertising: One on premises sign not in excess of six (6) square feet, shall be permitted. All advertising for the vacation rental shall include the County permit number, maximum occupancy, and the maximum number of vehicles accommodated by off-street parking spaces.
10. Zoning: All vacation rentals shall conform to the zoning in which they are located including and up to floodplain permitting, shoreline regulations and other applicable building location permits.
11. Inspection: the County may require an inspection to verify compliance the County standards, upon complaint of non-compliance, or in relation to other enforcement actions.
D. Local Representative:
1. Local Representative: The owner of the property shall designate a "local representative". The local representative must be either the owner or other individual person who resides permanently within ninety (90) minutes of the property or; a legally operating resort, bed and breakfast establishment, or property management company.
2. Change Local Representative: The local representative may be changed by the owner from time to time throughout the term of the permit, by the owner filing a written notice that includes the name, address and telephone number of the new local representative.
3. Notification Of Change: Failure to notify the County within thirty (30) days of a change in the local representative constitutes a violation and is grounds for a penalty pursuant to this section.
4. Complaints: The local representative must be authorized by the owner to respond to questions or concerns from the occupants or neighbors. The local representative shall serve as the initial contact person if there are questions or complaints regarding the operation of the property as a vacation rental. The local representative must respond to those complaints within seven (7) business days to ensure that the use of the property complies with the standards for vacation rental occupancy, as well as other pertinent County Code requirements pertaining to noise, disturbances, or nuisances, as well as State law pertaining to the consumption of alcohol, or the use of illegal drugs.
5. Neighbor Notification: The County shall notify property owners and residents within three hundred feet (300') of the property of the issuance of the permit and associated information. The purpose of this notification is so that adjacent property owners and residents can contact the local representative and/or owner to report and request the resolution of problems associated with the operation of the vacation rental.
E. Violations:
1. Violations: Failure to comply with the occupancy limits or other requirements of the vacation rental permit and/or this section, shall constitute a violation. Disturbances or nuisances caused by the occupants (and their invited guests) of a vacation rental that violate Bonner County Revised Code or State Law, IC 18-6409, shall also constitute a violation.
2. Revocation:
a. The Planning Director is hereby authorized to revoke any vacation rental permit, issued under the terms of this section, if, after due investigation, it is determined that the holder thereof has received three (3) violations in a twelve (12) month period.
b. A failing septic system, as identified by Panhandle Health District, shall result in a suspension of the vacation rental permit. Once the landowner has obtained approval of the repaired septic system the suspension shall be lifted. Operating a vacation rental with a suspended permit shall result in a revocation of the vacation rental permit.
c. If a vacation rental permit is revoked, the landowner or their representative may not reapply for a vacation rental permit on the subject property for a period of one (1) year from the date of revocation.
d. The applicant may appeal the Planning Director's decision to revoke a vacation rental permit to the Board of County Commissioners, pursuant to the provisions of section 12-261 of this title.
(Ord. 574, 10-25-2017, eff. 1-1-2018; amd. Ord. 581, 10-24-2018; Ord. 590, 6-12-2019; Ord. 607, 11-18-2020; Ord. 707, 3-13-2024)