A. Purpose: The purpose of this section is to provide standards and a process for permitting the use of dwellings for vacation rentals or short-term occupancy so that:
1. Property rights of landowners and integrity of residential neighborhoods are protected;
2. Safety of short-term rental occupants and the general public is ensured;
3. Adequate services, health standards, and parking are addressed;
4. The general welfare of the City as it relates to impacts to the City's amenities and resources are taken into consideration;
5. Overcrowding is avoided so that life/safety, service availability, and general welfare concerns are met.
B. Findings: The City of Dover finds the following with respect to short-term rentals:
1. There are economic benefits to the community to allow short-term rental/vacation homes because they expand lodging opportunities;
2. The permit process allows the City to address impacts of these uses on neighborhoods and City resources;
3. The establishment of standards and procedures provides an opportunity to ensure health and life/safety issues are addressed;
4. Permit procedures create a process to ensure the health, safety, and welfare concerns are adequately addressed by the landowner and guests.
C. Applicability: The standards of this section shall apply to all short-term rentals, as defined. All requirements, standards, and permits imposed by this section are in addition to any other applicable regulations of this Code.
D. Permit Required: Prior to the operation of a short-term rental, as defined by this title, the owner of the dwelling unit shall obtain a "short-term rental permit", pursuant to the administrative procedures of section 12-3-8 of this title. A short-term rental permit is not required for RV parks or campgrounds, hotels, or motels. In addition, short-term rental permits are not required for any existing bed and breakfasts authorized through the special use permit process or short- term rental units within the existing Dover Bay planned unit development. All other short-term rentals shall obtain permits.
1. A separate permit shall be required for each dwelling unit to be used for short-term rental.
2. The permit shall be issued only to the owner of the dwelling unit, who bears the responsibility for compliance with the standards and regulations of this section, whether an agent, co-host, manager, or other person or entity operates the short-term rental.
3. Short-term rental permits are not transferrable.
4. Prior to issuance of the short-term rental permit, the City shall provide notification of permit application by regular mail to landowners within three hundred feet (300') of the property. Any public comment on the proposed short-term rental application shall be based on whether it meets the standards of this section. The deadline to submit written public comment to the city clerk shall be fourteen (14) days from the date the public notice is mailed.
5. Conditions may be set to ensure the purposes of subsection A of this section are met.
6. The City has the authority to revoke the short-term rental permit if the terms of the permit relating to health, safety, or general welfare are violated more than three (3) times during any three hundred sixty five (365)-day cycle. Prior to such revocation, the City shall provide written notice to the landowner by certified mail at the address shown on the current County Assessor records. The notice shall identify the violations, the actions required to eliminate the violations, and a request for the landowner to respond within ten (10) days of the issuance of the notice, identifying how the violations are to be remedied. If the landowner fails to respond or fails to remedy the violations, the permit may be administratively revoked by providing the landowner written notification, sent by certified mail. The administrative decision is subject to the rights of appeal of section 12-3-5 of this title. The enforcement process is subject to the provisions of sections 12-2-2 through 12-2-5 of this title.
E. Standards: Short-term rentals shall conform to the following standards:
1. Occupancy of the rental shall be based upon the number of bedrooms within the dwelling unit. A bedroom is a room designed for sleeping. A den, library, office, game room, alcove, or other rooms or open space shall not be used to calculate occupancy. The number of short-term rental occupants, as defined, shall not exceed two (2) persons per bedroom. The number of guests of the short-term rental occupants shall not exceed double the occupancy rate. Guests of rental occupants are not permitted to stay overnight. The maximum number of bedrooms available for short-term rental within any dwelling unit shall not exceed five (5).
2. Short-term rentals shall be limited to residential dwelling units only.
3. The owner shall post the following information in a conspicuous place within the dwelling unit:
a. Occupancy maximum as authorized by zoning permit;
b. Parking requirements and parking locations;
c. Name and 24-hour contact information for owner and at least one (1) other contact person;
d. Trash disposal requirements;
e. Good Neighbor Policy;
f. Consequences of violations;
4. The rental unit shall conform to the Life/Safety Codes of current, applicable International Residential and Fire Codes, as adopted by the City. Prior to the issuance of the short- term rental permit, the owner shall obtain an inspection report from the local fire district or building official, confirming the home is equipped with smoke detectors, fire extinguishers, carbon monoxide detectors, where applicable, egress windows, exit plans, exit equipment for upper-level escape, emergency action plans, and other such life/safety measures identified by the inspector as necessary to meet life/safety standards. The applicant or owner is responsible for any applicable inspection fees. After the initial inspection, the owner shall provide to the city clerk by January 1st of each year an annual report confirming the safety measures that were identified as required in the initial report are maintained. Should fire district or building official inspection services be unavailable, as determined by the City, the owner shall submit to the city clerk a completed self-inspection life/safety checklist, on a form provided by the City, confirming the home is equipped with the required life/safety measures.
5. All trash shall be retained within an approved solid waste container. No trash shall be placed outside the approved container.
6. Parking is subject to the standards of titles 6 and 12 of this Code.
F. Permit Issuance: Prior to issuance of the short-term rental permit, the owner shall provide the following to the City:
1. Contact information of the owner and at least two (2) additional individuals who have the authority to respond to emergencies or rental violations.
2. A statement that will be provided to all guests regarding City nuisance and disturbing the peace laws.
3. A written agreement with the City, outlining at a minimum the occupancy load, emergency response, parking standards, and any conditions identified during the permit review related to health, safety or general welfare of the occupants or the public.
G. On-Going Operations:
1. The owner of the property is responsible for compliance with the provisions of this Code. Any failure to comply by an agent, representative, guest, or local contact person is deemed to be non-compliance by the owner. The owner shall be liable for ensuring occupants and guests do not create unreasonable noise or disturbance, engage in disorderly conduct, or violate provisions of this Code, other local, State, or Federal Codes pertaining to noise, disorderly conduct, or nuisance behavior.
2. No commercial activities or uses that would otherwise be prohibited in the applicable zoning district or that would require approval of a special use permit shall be permitted with the operation of the short-term rental, including the use of the dwelling for residential lodging, as defined.
H. Violations: It shall be unlawful for any person, agent, or entity to offer for rent or rent a short-term rental without first obtaining a zoning permit from the City. Any violation of this section is subject to the penalties of section 12-2-4 of this title. (Ord. 151, 8-17-2017; amd. Ord. 177, 4-14-2022)