The dwelling unit owner or managing agency shall apply to the city for a short-term residential rental permit and supply, at a minimum, the following information:
(A) The physical address of the residential dwelling unit for which the permit is to be issued.
(1) If the dwelling unit is one of multiple units upon a single lot, the applicant must identify the sub-unit by which the dwelling unit can be distinguished from those on the same lot (e.g., “1000 Easy St. A”). If the sub-unit has not yet received a designation from the city, the applicant should contact the City Land Use Office to obtain an official sub-unit designation.
(B) The maximum number of occupants and vehicles that the dwelling unit can accommodate.
(1) The parking calculation shall be based upon a minimum of one off-street parking space provided per sleeping unit.
(2) The maximum number of occupants per dwelling unit shall be calculated as follows:
(a) Four individuals are permitted per sleeping unit of 100 square feet or more. For sleeping units of less than 100 square feet, a maximum of two individuals are permitted. Example: A dwelling unit with two sleeping units of less than 100 square feet and one sleeping unit of over 100 square feet would have a maximum occupancy of eight individuals.
(b) Exception. The City Land Use Office may allow for more than four individuals in sleeping units of over 100 square feet if, upon consulting with the City Fire Department, it reasonably determines that the applicant has shown that allowing additional individuals will not pose a safety risk.
(C) The name, address, email address and contact telephone numbers (including a 24-hour emergency contact number) of the owner of the residential rental for which the permit is to be issued.
(D) The name, address, email address and contact telephone numbers (including a 24-hour emergency contact number) of the agent, representative or local contact person for the owner of the residential rental.
(E) An application fee of $50 per year.
(F) Compliance inspections are required on all short-term permits. The inspections are valid for biennial (every two years), and the fee is $40.
(1) Compliance inspections will be conducted by the City Land Use Office or its designees following submission of a permit application and prior to the issuance of a permit if there is not a current inspection for the property on file.
(2) If the property is not in conformance with the compliance requirements at the time of the inspection, staff will notify the applicant, and a reinspection fee may be assessed of $40 if the inspector is required to return.
(3) The compliance inspection shall meet the following requirements:
(a) An ABC-type fire extinguisher(s) to be mounted at points of egress, with at least one provided per floor and a minimum of one per dwelling unit with at least two per dwelling unit if greater than 1,000 square feet, at a height not to exceed 48 inches. Extinguishers must be inspected and maintained according to state requirements and must properly display the inspection history of the device.
(b) Approved (and working) smoke alarms installed as per manufacturer's instructions in every sleeping room, and on every level of the home, including the basement and as otherwise required by law.
(c) Every sleeping room and living area with access to a primary means of escape shall provide a clear, unobstructed path of travel to the outside.
(d) Indoor fireplaces shall be properly maintained and inspected by a qualified person as necessary.
(e) Signage reflecting the street number and, where applicable, the sub-unit of the dwelling unit as required by § 150.04 of the Elephant Butte Municipal Code.
(f) Authority for a code compliance inspection. By applying, the owner authorizes the City Land Use Office and Fire Department, or their designees, to conduct a code compliance inspection of the residence at intervals deemed appropriate by the city, or if deemed necessary when it is alleged or suspected that a violation of this section may exist or have occurred.
(G) Owner/agent authorization.
(H) Business registrations and taxes.
(2) The short-term rental of residential property shall not be considered a home occupation under the Elephant Butte Municipal Code, and no home occupation permit will be required.
(3) If an owner rents, lists, or books their property with a managing agency, a business registration is not required.
(4) If a property owner rents, lists, or books their property without a managing agency, a business registration is required pursuant to § 110.01.
(I) Notification to adjacent property owners shall be required for all short-term rental permits.
(1) The notification fee is $25. The City of Elephant Butte staff will notify all property owners within 200 feet of the permitted property, notifying the intent to use their home as a short-term rental and the name and number of the local contact person.
(2) The managing agent may opt-out to perform this task by certifying compliance with the notifications. If the managing agent opts out to perform this task, the $25 fee will not be charged.
(J) The owner or managing agent/agency shall attest that they have met these requirements in each property registered as part of the initial rental registration and each successive renewal registration. The form utilized to attest to these requirements shall be part of the registration form provided by the city and be authenticated by a notary public.
(Ord. 202, passed 4-20-2022)