Purpose: This ordinance shall be called the “Short-term Rental Ordinance”. The purpose of the Short-term Rental Ordinance is to implement reasonable regulations to safeguard the public health, safety and general welfare in order to protect the integrity of residential neighborhoods in Valley County, Idaho, as allowed by IC 67-6539.
Short-term Rental (STR), as defined in section 9-1-10 of this title, shall obtain an administrative permit and shall be a permitted use in all zones within the county subject to the following conditions and standards listed in this section (VCC 9-4-10). At no time shall an existing STR be considered a “grandfathered” use.
A. STR Conditions and Standards:
1. Number of Units: One STR unit is allowed on a parcel with an administrative permit, along with a fee as adopted by resolution that meets the requirements described in this section. More than one STR or more than one residential use on a parcel will require a conditional use permit in accordance with chapter 5 of this title (VCC 9-5).
2. Water, Sewer, and Garbage:
a. The STR must meet all requirements of Idaho Central District Health (CDH) with respect to the provision of individual potable water (approved water system) and sewage disposal facilities or have a permit from an approved central sewage treatment facility.
(1) The number of occupants cannot exceed the allowable limits of the septic system as approved by Central District Health.
(2) An Accessory Use Authorization or septic permit from Central District Health identifying the maximum occupancy of the STR based on the size of the septic system shall be required. Maximum occupancy shall not be exceeded.
b. The STR cannot be serviced by porta potties for any portion of the approval including overflow in the number of occupants.
c. The STR must contract for garbage pickup with the local provider, unless in a multi-family complex or have provided for other arrangements as stated in the application package in (2-f).
3. Parking: Parking of vehicles shall not be in a road right-of-way or in a setback area. The parking areas must be clearly defined so that there is not haphazard parking over landscaped areas.
4. The STR may be used for residential purposes only. It cannot be used as a wedding venue, corporate retreat, seminars, team-building events, or other use that requires a conditional use permit in Table 1A.
5. On-site Lighting: Must comply with Valley County Lighting Ordinance (VCC 6-2)
6. Camp Fire Management: All campfires must be in an approved fire pit as determined by the Fire Department. A fire extinguisher and/or water hose must be accessible. Fire pits shall comply with all setbacks. Consideration should be given to smoke impacting neighbors.
7. Safety Monitors and Information: Each STR shall have smoke detectors, carbon monoxide detectors, liquified petroleum detector, etc. for the occupancy type on the property.
8. Outdoor amplified sound, other than household speakers, shall not be allowed at any time.
9. Occupancy: There shall be no associated RV’s or tents used to supplement the maximum occupancy. It will be limited to legal bedrooms with proper egress windows or Central District Health limitations. At no time shall occupancy exceed 4 people/bedroom up to a maximum of 12 people unless a conditional use permit is obtained.
10. Lot Coverage: All structures, parking lots, fire pits, parking areas, and impervious areas cannot cover more than 35% of the lot, unless in a multi-family complex.
11. Outbuildings are allowed, but shall not be used for sleeping or any human habitation.
12. Posting of Rules On-site: Rules covering regulations within this section and emergency contact numbers shall be posted on-site, including an emergency exit plan.
B. STR Administrative Permit Process:
1. Application package shall be submitted to the Valley County Planning and Zoning Administrator with the appropriate fee as adopted by resolution.
2. Application package shall include the following:
a. Completed Valley County application form.
b. Site plan showing structures, parking, lighting, fire pits, etc.
c. Operation Plan that includes Compliance with Tax Requirements: Shall submit with the application proof of compliance with payment of sales tax through the STR marketplace or provide the Employee Identification Number for the self-managed STR. Sales tax paid will need to be in accordance with Idaho State Code, Chapter 36, Title 63.
d. Central District Health approval showing maximum occupancy.
e. Local Contact Phone Number and E-mail Address (if possible).
f. Rules that will be posted on-site including fire exist plan.
g. Garbage pick-up agreement.
h. Declaration as to whether this is a part-time STR or a full-time STR. If part-time, number of months it will be used as a rental.
3. Notice To Adjacent Property Owners: The administrator shall notify property owners within three hundred feet (300') and/or active home owner’s association upon issuance of the administrative permit.
4. Property manager or owner shall file an annual report with the fee as adopted by resolution, as follows:
a. Due date (renewal date) is the date of the issuance of the permit each year.
b. Shall show compliance with all requirements of original permit.
c. State intent for the current upcoming year.
d. List any changes that were made to operations and/or facilities. If changes are made to the structure, use, number of occupants, etc., a new permit will be required with the updated information.
e. Shall be revoked if not submitted within 30 days of the renewal date.
5. Staff can inspect the interior and exterior of the STR if neighbor complaints are received or there is reason to believe the structure has been modified to accommodate a greater occupancy than allowed.
C. Failure to obtain an Administrative Permit for an STR or violation of the Administrative Permit shall be cause for revocation of the permit and shall be subject to the following:
1. Infraction citation that will be issued by the Valley County Sheriff.
3. Costs of enforcement may be applied. (Ord. 20-10, - -2020)