An STR use may be allowed within any existing legal residential dwelling by a short-term rental business license from the city, if the application demonstrates compliance with requirements of the city Land Development Code and the following standards and requirements:
(A) Application. A completed application form provided by the city;
(B) Property description. A detailed written description and drawing of the property that identifies the use of each room of the dwelling and fully describes the portions of the dwelling to be used for an STR shall be provided. Only one designated STR area is allowed for a property;
(C) Owner occupancy. The owner of the subject property shall live in the primary dwelling in which an STR is desired, and must reside there as their primary residence.
(1) An individual shall prove ownership of the property by way of a copy of a transfer deed listing the applicant as the fee title owner. The fee title owner may be an individual or trustor of a family trust that possesses 50% or more ownership of the proposed STR. The fee title owner may not be a corporation, partnership, limited liability company, or similar entity.
(2) To establish that the property is the owner’s primary residence, the owner shall:
(a) Present a government-issued identification document listing the address of the property as the address of the owner; together with a property tax statement showing taxed as primary residence; and
(b) Provide a signed affidavit sworn before a notary public stating that the proposed property is the primary residence of the owner, where they reside at least 183 days per calendar year.
(D) Occupancy during rental period. The subject property shall comply with the following occupancy restrictions.
(1) The applicant shall provide the maximum renter occupancy proposed and demonstrate that sufficient parking has been provided off-street at a rate of one-half space per bedroom or sleeping area, with at least one space.
(2) The property shall not be rented to more than one renter at any given time, and the owner shall not divide and rent out portions of the dwelling to multiple renters simultaneously.
(3) A property shall not be exclusively rented as an STR for more than 182 nights per year.
(4) The property shall only be rented for a minimum duration of one night and a maximum of 20 consecutive nights for each renter.
(E) Parking plan. A detailed written description and a drawing of an off-street parking plan must be provided to ensure that all occupants of the home and STR can be accommodated on-site. Parking shall be limited to the existing garage, driveway, and dedicated parking spots of the residential unit and may not include any on-street parking. Shared guest parking as part of a multiple-family dwelling shall only be permitted upon express written approval of the HOA or property management, as applicable. Any proposed parking improvements shall also be included in the off-street parking plan, and must be completed prior to issuance of an STR business license. All elements of the parking plan must comply with all other requirements of this title;
(F) Conflict of private restrictions. The city has no obligation or responsibility to research and enforce an applicant’s property’s existing private covenants, conditions, or restrictions prohibiting STRs. It is the exclusive responsibility of a property owner to research and have full knowledge and understanding of those private covenants, conditions, or restrictions that run with, and are attached to, his or her property. By submitting an application to the city for an STR, the applicant is certifying that he or she has full knowledge and understanding of those private covenants, conditions, or restrictions that run with his or her property and have a full understanding of whether those items prohibit an STR;
(G) Urgent response.
(1) The owner, or a designated representative, shall be available to immediately respond 24 hours a day, 365 days a year by telephone, and when necessary, be able to physically respond within one hour of any legitimate complaint; and
(2) If the owner is unreachable after three attempted contacts by the city, a notice of violation will be issued.
(H) Property maintenance requirements. All short-term rentals shall adhere to all city ordinances, including, but not limited to:
(1) Owners must adhere to the property maintenance regulations in this code, including, but not limited to, requirements for weed abatement, landscaping, garbage removal, structure maintenance, and fence/wall maintenance; and
(2) Owners shall remove all snow from the sidewalks of the property within 24 hours after snowfall in accordance with this code.
(I) Noise and nuisance control. Owners shall ensure that renters adhere to the noise ordinance of this code. Should a renter violate the noise ordinance more than once in any given 72-hour period, they shall be immediately evicted from the property by the owner; and
(J) Noticing and posting requirements. A renter informational packet must be maintained in a highly-visible place within the dwelling or STR area, and must include the following:
(1) City-issued STR business license;
(2) The 24/7 owner’s, or a designated representative’s, contact information;
(3) Parking requirements, including site map of approved designated parking areas;
(4) Approved maximum occupancy;
(5) The noise ordinance of the city;
(6) Garbage pick-up dates, and a written description of where garbage receptacles must be placed for pick-up;
(7) Contact information for the City Police and County Fire District; and
(8) Other contact information or information related to other regulations or conditions of an approval through the land use permit process, as required by the city.
(Prior Code, § 34.04) (Ord. 12-2020, passed 5-6-2020; Ord. 07-2021, passed 2-3-2021)