§ 129J.03 APPLICATION; NOTICE; STANDARDS AND PROCEDURES; RENEWAL; FEES.
   (A)   Applications. A property owner who seeks a short-term/vacation rental license pursuant to this chapter shall submit a written application that contains all information required for a registration statement pursuant to this chapter.
   (B)   The applicant must sign an affidavit affirming that the applicant will abide by all the rules and regulations governing short-term rental/vacation.
   (C)   Primary residence.
      (1)   The short-term/vacation rental shall be the owner’s primary residence. An applicant must be able to demonstrate that the applicant resided at the property for nine of the past 12 months, or that the applicant plans to live in the property for nine of the next 12 months.
      (2)   Evidence of primary residence shall include, but not be limited to an adequate showing of the following:
         (a)   Utility bill.
         (b)   Voter registration.
         (c)   Motor vehicle registration.
         (d)   Deed.
         (e)   Driver’s license or state-issued identification.
   (D)   The use must be accessory to a residential unit.
   (E)   Standards and procedures for license approval. The Community Development Department will review all applications for short-term/vacation rentals upon each application with respect to the standards set forth below. The Village Manager after receiving said report, may refer the application back to the Community Development Department for additional review, or, may approve, approve with conditions, or disapprove an application for a short-term/vacation rental license, upon findings of fact with respect to each of the standards set forth below:
      (1)   The proposed short-term/vacation rental will not cause a negative cumulative effect when its effect is considered in conjunction with the effect of other short-term/vacation rental in the immediate neighborhood.
      (2)   The short-term/vacation rental will not have a substantial adverse impact on the use, enjoyment, or property values of adjoining properties.
      (3)   The proposed short-term/vacation rental will comply with all the rules and regulations contained herein.
      (4)   The proposed short-term/vacation rental is not likely to have an adverse effect upon the public health, welfare, or safety.
      (5)   The proposed short-term/vacation rental shall comply with the following criteria:
         (a)   No rental or advertisement for rental for a period of time shorter than 24 hours.
         (b)   No rental may provide for food or beverage to any guests with the exception of pre-packaged food and drink.
         (c)   No more than one rental at a specific location during the one-year period commencing on the date a license is issued.
   (F)   Renewal. If a short-term/vacation rental license was issued for the prior year, the approval for a renewal license shall be obtained from the Village Clerk or his or her designee, provided the previously issued license was not revoked or suspended, and the short-term/vacation rental did not receive citation(s) from any village inspector or police officer during said prior calendar year. Every renewal application shall satisfy all requirements set forth in this section and § 129J.04.
   (G)   License fee. The annual fee for a license issued pursuant to this chapter shall be $50.00.
   (H)   Regardless of its findings on any or all of the foregoing standards, the Village Manager may deny a short-term/vacation rental license upon a finding that such denial is in the public interest.
(Ord. 2019-O-036, passed 7-2-19) Penalty, see § 129J.99