The following words, terms or phrases, when used in this chapter, shall have the meanings ascribed to them in this section except where the context clearly indicates a different meaning.
“ADVERTISE.” The written, audio, oral, or other methods of drawing the public's attention, whether by brochure, written literature or online posting, to a short-term rental in order to promote the availability of the short-term rental.
“LOCAL EMERGENCY CONTACT.” An individual other than the applicant who resides within 20 miles of the subject property and who is designated by the owner/applicant to act as the owner's authorized agent if the owner is outside of the immediate area or is otherwise unavailable. The “LOCAL EMERGENCY CONTACT” should be available on a 24-hour basis, have access to the short- term rental property, and be authorized by the owner to act in the owner's absence to address any complaints, disturbances, and emergencies.
“OWNER.” Any person, agent, operator, firm, trust, corporation, limited liability company, partnership, or business organization having a legal or equitable interest in the property; or recorded in the official records of the state, county, or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor of the estate of such person if ordered to take possession of real property by a court.
“PERMIT.” The Short-Term Rental (STR) Permit which all persons must obtain from the city and keep in force in order to operate short-term rentals.
“RESIDENTIAL ZONING DISTRICTS.” Includes RS, R-1F, RPD, SR-1, SR-2, SR-3, UR-1, UR-2 and UR-3 zoning districts.
“SHORT-TERM RENTAL (STR).” The rental of a residential dwelling unit, or a portion thereof, for a period of less than 30 days. The term does not include:
(1) A unit that is used for a nonresidential purpose, including an educational, health care, retail, restaurant, banquet space, or event center purpose or another similar use;
(2) A bed and breakfast; or
(3) A hotel/residence hotel.
(Ord. O-20-20, passed 12-15-20)
No person shall hereafter advertise, offer to rent or rent, lease, sublease, license, or sublicense a residential property within the city as a short-term rental until a registration has been properly made and a permit obtained from the city. STR owners shall obtain and keep in force a Short-Term Rental Permit under the following terms and conditions:
(A) Applications for the permit shall be submitted to the city prior to applying for a Conditional Use Permit through the Board of Adjustment and Zoning Appeals. Applications for the permit will be considered in the order in which they are received by the city. Failure to obtain a Conditional Use Permit from the Board of Adjustment and Zoning Appeals within 90 days of the permit application shall invalidate the application for the permit. Application forms shall require, but not be limited to, the following information:
(1) Name, address, phone number, and e-mail address of the owner of the short-term rental property;
(2) Verification that the applicant is the owner;
(3) Name, address, phone number, and e-mail address of the designated local emergency contact;
(4) The maximum number of occupants permitted for the dwelling unit or sleeping room in accordance with this chapter;
(5) A submission of a sketch floor plan of the dwelling with dimensioned room layout;
(6) Self-Safety Inspection Form indicating all proper safety devices are in place and in good working order;
(7) Site plan/survey of the property indicating maximum number of vehicles that can be legally parked on the property without encroaching onto street, sidewalks, alleys, other public rights-of-way or public property.
(B) Applicant shall obtain an occupational license from the city.
(C) Applicant shall provide a certificate of insurance or other valid proof of general liability insurance in an amount not less than $1,000,000 per occurrence which shall remain in effect at all times while engaged in the permitted activity.
(D) Applicant shall comply with all aspects of applicable provisions of the International Building Code with Kentucky Amendments (adopted edition), NFPA 1124 (National Fire Protection Association, currently adopted edition), and all other applicable state, federal, or local laws or regulations.
(E) The initially issued permit shall expire 365 calendar days after its effective date, or upon a date on which the applicant no longer qualifies as an STR operation as defined herein. The permit may be renewed for successive 365 calendar day periods so long as the applicant continues to qualify for issuance of the permit. Applications for renewal periods shall be made to the Finance Department on forms approved by the city. The fee for the initial permit period, payable at the time of application, shall be $500. The fee for any subsequent permit period, payable at the time of application, shall be $250.
(F) Upon receipt of an application for renewal of the registration, the City Coordinator or other designee may deny the renewal if there is reasonable cause to believe that:
(1) The owner has violated any ordinance of the city, or any state or federal law on the premises or has permitted such a violation on the premises by any other person;
(2) There are grounds for suspension, revocation, or other registration sanction as provided in this chapter;
(3) The owner fails to apply for, be issued or appropriately renew an occupational license.
(G) Any permit issued under the provisions of this chapter may be revoked by the City Coordinator upon a showing that the permit holder has violated any of the provisions of this chapter. Revocation shall be by written notice which describes the reasons for the revocation. The written notice of revocation shall be delivered to the permit holder in person or by regular mail sent to the address listed on the application. If a permit is revoked, and the applicant desires to contest the revocation, a hearing before the Mayor may be obtained by filing with the office of the City Clerk a written request for hearing within 15 days of the issuance of the revocation notice. The hearing before the Mayor shall be conducted within 30 days of filing of such request.
(Ord. O-20-20, passed 12-15-20)
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