(A) Definitions. For the purposes of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BEDROOM. An area of a short-term rental property normally occupied for sleeping purposes in compliance with the requirements of the Kentucky Building Code.
BUSINESS ENTITY. A corporation, partnership, or other legal entity that is not a person or a personal or family trust.
CHANGE OF MANAGER. The transfer of manager from one individual to another individual.
CHANGE OF PROPERTY OWNERSHIP. The transfer of property ownership title from one host to another host.
HOST. Any person who is the owner of record of real property who offers a short-term rental property, or portion thereof, for transient occupancy.
NON-OWNER OCCUPIED HOST. Owner of record of the short-term rental property whose primary residence is not located on the same lot or immediately adjacent lot of the short-term rental property (see footnote in division (B) below).
OWNER OCCUPIED HOST.
1. Owner of record of the short-term rental property whose primary residence is located on the same lot or immediately adjacent lot of the short-term rental property.
2. An OWNER OCCUPIED HOST may include a trust, corporation, limited liability company, or other business entity if the property is the primary residence of a person having ownership and control of the entity with title to the property.
HOSTING PLATFORM. A person and/or entity that provides a means through which a host may offer a short-term rental property, or portion thereof, for transient occupancy. HOSTING PLATFORMS are typically internet based and enable a host to advertise the short-term rental property through a website and/or mobile app.
MANAGER. An individual with a permanent address located in Oldham County or within 25 miles of a short-term rental property, measured by driving distance, who is immediately available 24 hours a day, seven days a week for the purpose of in-person responses to complaints regarding the condition and operation, or conduct of the transient guests, of short-term rental property, and who shall be authorized by the host to undertake remedial action to address maintenance, safety issues, and compliance of transient guests and invitees.
OWNER. The person or entity in whom title of record to real property is vested.
PRIMARY RESIDENCE. The main home of an individual or family where they reside a minimum of six months on an annual basis.
SHORT-TERM RENTAL PROPERTY.
(a) A dwelling unit that is used or advertised for rent for transient occupancy, in which no meals are served by the host, for a time period less than 30 consecutive days by a transient guest.
(b) Any other land use intended for transient occupancy specifically identified elsewhere in the zoning ordinance shall not be considered as a SHORT-TERM RENTAL PROPERTY, such as bed and breakfasts, boarding rooms, extended stay lodging, hotels, motels, hostels, recreational vehicles, trailers, tents, motor homes, mobile homes, or similar means of transient occupation of real property.
SHORT-TERM RENTAL PROPERTY HOUSE RULES. Minimum standards of conduct posted on the short-term rental property requiring transient guests and their invitees to be respectful of the neighbors and neighborhood in which the property is located.
SHORT-TERM RENTAL PROPERTY MAXIMUM OCCUPANCY. Twice the number of bedrooms plus four to determine the allowable number of transient guests at a short-term rental property.
SHORT-TERM RENTAL PROPERTY NUMBER OF BEDROOMS. Number of bedrooms in a short-term rental property unit as determined by the official records of the Oldham County Property Valuation Administrator's records.
SHORT-TERM RENTAL PROPERTY PERMIT. A required permit reviewed and issued by the city code enforcement authorizing the establishment and operation of a short-term rental property for a defined time period.
TRANSIENT GUESTS. A person or persons who exercise transient occupancy or is entitled to transient occupancy of any rooms, lodgings or accommodations at a short-term rental property for a time period less than 30 consecutive days.
TRANSIENT OCCUPANCY. The permissive occupation or use by a person or group of a rental property for a time period less than 30 consecutive days, not to exceed 30 non-consecutive days in any 60-day period.
(B) Short-term rental property permitted use and conditional use standards.
ZONING DISTRICT | OWNER OCCUPIED HOST SHORT-TERM RENTAL PROPERTY | NON-OWNER OCCUPIED HOST SHORT-TERM RENTAL PROPERTY |
ZONING DISTRICT | OWNER OCCUPIED HOST SHORT-TERM RENTAL PROPERTY | NON-OWNER OCCUPIED HOST SHORT-TERM RENTAL PROPERTY |
AG-1 | CU | X |
AG-2 | CU | X |
CO-1 | CU | X |
R-1 | CU | X |
R-1A | CU | X |
R-2 | CU | X |
R-2A | CU | X |
R-3 | CU | X |
R-4 | CU | X |
R-4A | CU | X |
T | X | X |
O-1 | p | P |
O-2 | p | P |
C-N | CU | CU* |
C-1 | p | P |
C-2 | p | P |
C-3 | p | P |
C-4 | p | P |
1-1 | p | P |
I-2 | p | P |
IPD | p | P |
SWF-1 | X | X |
PUD | DS | DS |
PRD | DS | DS |
PND | DS | DS |
CU = Conditional Use P = Permitted Use X = Not Permitted DS = Development Specific
*A Non-owner occupied host short-term rental property may be eligible for a conditional use permit for short-term rental only if the owner currently resides in Oldham County or within 25 miles of the short-term rental property.
(C) Short-term rental property operating requirements and minimum standards. Every host of a short-term rental property shall comply with the operating requirements and standards set forth in this division (C), as follows:
(1) The host shall not establish, operate, or advertise a short-term rental property without having first obtained and maintained in good standing a short-term rental property permit from the city code enforcement.
(2) A short-term rental property shall only be available for transient occupancy for a time period less than 30 consecutive days by a transient guest.
(3) A short-term rental property shall be limited to a single contractual transient guest at a time and simultaneous rental contracts shall be prohibited. Additionally, the short-term rental property cannot be advertised on a hosting platform as concurrently available while under contract with a transient guest.
(4) The contractual transient guest of a short-term rental property shall be a minimum age of 21 years old.
(5) The host shall obtain, continuously maintain, and pay premiums for insurance policies that cover the short-term rental property as a commercial activity.
(6) The host or hosting platform shall be required to collect and remit all applicable room, occupancy, and sales taxes required by federal, state, and local governments.
(7) The host shall be responsible for compliance with current applicable laws and regulations of the federal, state, or local governments, as may be amended from time to time including but not limited to, laws or regulations on nondiscrimination, zoning, building, safety, property maintenance, health and sanitation, fire, electrical, plumbing, mechanical, and other applicable laws.
(8) The host shall use reasonable property management practices to ensure that transient guests and visitors of the short-term rental property do not create noise disturbances, engage in disorderly conduct, and/or violate provisions of federal, state, and local regulations.
(9) The host shall post and maintain a copy of the current short-term rental property permit on the hosting platform and on the inside of the short-term rental property unit in a conspicuous location near the primary door.
(10) The host shall post and maintain inside the short-term rental property unit in a conspicuous location the following minimum house rules for use of transient guests:
(a) The name of the host telephone/cell number and email in which the host may be reached on a 24 hours a day, seven days a week basis.
(b) The name of the manager and telephone/cell number and email in which the manager may be reached on a 24 hours a day, seven days a week basis.
(c) Maximum number of transient guests authorized to exercise transient occupancy within the short-term rental property.
(d) Evacuation routes from the short-term rental property unit in the event of an emergency requiring withdrawal from the unit.
(e) Parking shall be on the same property in which the short-term rental property unit is located and not on adjoining properties or streets.
(f) Trash pick-up day and that trash and refuse shall not be stored within public views except in proper containers with a closeable lid.
(g) Any device or machine utilized for the amplification of sound shall not be audible at the adjoining property lines.
(h) Loud or disturbing outdoor and group activities shall not occur during the hours of 10:00 p.m. to 7:00 a.m.
(11) Outdoor signage which identifies the short-term rental property in residentially zoned areas is strictly prohibited and outdoor signage which identifies the short-term rental in non-residentially zoned areas must obtain an appropriate sign permit from the city.
(12) Parking shall be provided on the same property in which the short-term rental property dwelling unit is located. The minimum number of parking spaces for transient guests shall be determined by the maximum occupancy divided by two and one-half. Parking on the street is not allowed unless the short-term rental property has no driveway, alley or other means of vehicular parking.
(13) Trash and refuse shall not be stored within public views except in proper containers with a closeable lid.
(14) Any device or machine utilized for the amplification of sound shall not be audible at the property line of the short-term rental property.
(15) Outdoor and group activities shall not occur during the hours of 10:00 p.m. to 7:00 a.m. Such outdoor activities include but are not limited to swimming, hot tubbing, loud partying, lighted games, and other disturbances of the peace.
(16) Transient guests and their invitees shall comply with nuisance ordinances and be subject to citations and jurisdiction of the Lagrange Code Enforcement Board and the Oldham County Courts.
(D) Short-term rental property permit required.
(1) No person, firm, or corporation shall own or operate a short-term rental property on any premises within Oldham County unless the short-term rental has been registered annually with the City Code Enforcement Board.
(2) Applications shall include the following:
(a) Payment of application fee of $150 ($125 annual renewal fee).
(b) Completed application.
(c) Accompanying supporting information consisting of the following:
1. The name of the host, the postal mailing and email addresses of the host, and telephone number by which the host may be reached on a 24 hours a day, seven days a week basis.
2. The name of the manager, the postal mailing and email addresses of the manager, and telephone number by which the manager may be reached on a 24 hours a day, seven days a week basis.
3. A floor plan of the unit showing number of bedrooms, details of all levels of the dwelling unit and any attached structures, location of windows, doors (interior and exterior), and locations of the required smoke detectors.
4. A plot plan of the property showing the shape of the property, location of the dwelling unit, location of all other structures, and location of driveway and required parking spaces.
5. Owner-occupied host must provide proof of primary residence and provide two documents to verify their primary residence. Acceptable documents include, but are not limited to, a driver's license, state identification card, vehicle registration, voter registration, utility bills, and work identification or badge. Such documents must be current and show the host's name and mailing address matching that of the short-term rental property.
6. Proof of premises liability insurance policies that cover the short-term rental property as a commercial activity.
7. A sworn statement that the applicant has confirmed that operating the proposed short-term rental property does not violate any homeowners association agreement or bylaws, condominium agreement, covenants, codes and restrictions, deed restrictions, and/or any other agreement governing and limiting the use of the proposed short-term rental property. If a homeowners association exists a written statement from the homeowners association must be provided in addition to the applicant's written statement.
(E) Expiration, renewal, or revocation of short-term rental property permit.
(1) Short-term rental property permits shall be continuously maintained by the host and ordinarily expire on December 31 of every year and must be renewed annually. Permits are issued to the host and do not run with the land.
(2) If any of the following events occur prior to the December 31 renewal date it triggers an expiration of the short-term rental property permit and a required renewal application of the short-term rental property permit:
(a) 1. Change of property ownership.
2. Change of manager.
3. Change of insurance policy.
4. Change in the maximum number of bedrooms.
5. Change in status of any previously approved conditional use.
(b) No fee is required for renewal triggered by change of manager or insurance.
(c) A renewal application grace period of 30 days will be allowed from the date of the triggering event for administrative review of the application.
(3) Short-term rental property permits shall be subject to revocation or suspension for good cause at the discretion of the Code Enforcement Officer in the event of any of the following occurrences:
(a) Failure by the host to submit accurate and true information with a short-term rental property application.
(b) Failure by the host to renew an expired short-term rental property permit by the ordinary December 31 renewal date of every year.
(c) Failure by the host to renew an expired short-term rental property permit that has been triggered by an event.
(d) Advertising on a hosting platform an occupancy that exceeds the allowable short-term rental property's maximum occupancy.
(e) Enforcement action undertaken by city code enforcement regarding the operation or unpermitted use of short-term rental property.
(f) Hosts and/or transient guests may be issued citations for violations of city ordinances to be heard by the City Code Enforcement Board.
(g) Two or more citations and/or criminal complaints regarding the operation of the short-term rental property or conduct of transient guests shall be grounds for revocation.
(h) In the event of a revocation of a short-term rental property permit an administrative appeal may be filed by the host to the Board of Adjustment and Appeals. In the event of a revocation of a short-term rental property permit the host may not make an application for a different short-term rental property permit on the same property for a period of one year.
(Ord. 20-2023, passed 1-3-2024)