(a) No person shall own a short-term rental in Lexington-Fayette County unless the person possesses a valid special fee license for the short-term rental issued by the Lexington-Fayette Urban County Government, Division of Revenue, as provided in section 13-13 of the Code and this article.
(b) The director may promulgate such forms and procedures as reasonably necessary for the orderly and efficient processing of short-term rental special fee license applications and renewals. Provided, however, that an applicant shall be required to provide the following information as part of its application for a special license and renewal:
(1) Address of the proposed short-term rental;
(2) Name, address, phone number, and email address of the applicant;
(3) Name, address, phone number, and email address of the operator of the short-term rental, if different from the applicant;
(4) Name, address, phone number, and email address of an emergency contact that resides or is otherwise located in Lexington-Fayette County, Kentucky, or within twenty-five (25) miles of the proposed short-term rental;
(5) Approval by the division of planning that the short-term rental is a hosted short-term rental or is otherwise a legal nonconforming hosted or un-hosted short-term rental under section 3-13(i) and (j) of the Zoning Ordinance; that the un-hosted short-term rental has a conditional use permit issued by the board of adjustment if applicable; that the hosted short-term rental with an occupancy greater than twelve (12) individuals has a conditional use permit issued by the board of adjustment, if applicable; or that the short-term rental otherwise complies with the Zoning Ordinance;
(6) The maximum number of occupants requested for the short-term rental, which shall be consistent with the number permitted by section 13-79(a)(7);
(7) A site plan and floor plan depicting the short-term rental, including the number of vehicles that can be legally parked on the property, without encroaching onto the street, sidewalks, alleys, public rights of way or public property;
(8) A certificate of insurance or other valid proof of general liability insurance in the amount not less than one million dollars ($1,000,000.00) per occurrence, which shall remain in effect at all times while engaged in the licensed activity;
(9) An affidavit confirming that the health and safety requirements of section 13-79(a)(1)—(6) of the Code of Ordinances have been satisfied for each short-term rental;
(10) An affidavit confirming that the applicant complies and shall continue to comply with all aspects the applicable building codes, fire codes, and all other applicable state, federal, and local laws or regulations; and
(11) For short-term rentals utilizing septic tanks, evidence indicating that the septic tank is of sufficient size to accommodate the occupancy requested in subsection (6).
(c) All applications for a special fee license and renewal shall be accompanied by the fee referenced in section 13-13 of the Code for short-term rental special fee licenses.
(d) The operator of the short-term rental may apply on behalf of the owner of the short-term rental, with the express written permission of the owner. However, the owner of the short-term rental shall remain the licensee.
(e) A short-term rental special fee license shall cover all short-term rentals owned by the licensee holding the license.
(f) All short-term rental special fee licenses and renewals shall expire upon the earlier of (1) December 31st following the most recent application or renewal; (2) a change in licensee or ownership of a dwelling unit used as a short-term rental; or 3) the revocation of a conditional use permit.
(g) Upon receipt of the short-term rental special fee license, each licensee shall be issued a unique local registration number, by which the short-term rental may be identified.
(h) The director may refuse to issue a license or renew the license of a licensee in the following circumstances:
(1) When the applicant intentionally or knowingly makes a false statement as to a material matter in an application;
(2) When the applicant fails to complete any part of the application;
(4) When the property submitted for registration or renewal as a shortterm rental is subject to unsatisfied penalties, fines, or liens assessed or levied by the government for any reason;
(5) When the licensee fails to maintain a conditional use permit, if applicable; or
(6) When the licensee or short-term rental is not in compliance with any applicable federal, state, or local law or regulation, including, without limitation, mandatory zoning, building, safety, maintenance, health, sanitation, fire, electrical, plumbing, and mechanical codes.
(i) The director may revoke the registration of any short-term rental for any of the following reasons:
(1) When any one of the circumstances provided in subsection (h), above, occurs;
A licensee whose special fees license is revoked is not eligible to apply for another short-term rental special fees license for the dwelling unit in which the license was revoked for a period of one (1) year.
(j) The director may revoke, suspend, or refuse to renew or issue a license on a dwelling unit basis.
(k) Relevant divisions and departments with necessary information for the director to perform his or her responsibilities under this article should provide such information to the director at his or her request. Members of the public may also provide complaints and relevant evidence indicating violation of this article to the director.
(Ord. No. 080-2023, § 3, 7-11-23)