[Added 4-12-2021 by Ord. No. 682]
As used in this article, the following terms shall have the meanings indicated:
HOSTED
The owner of the property permanently resides in the principal residential unit or accessory dwelling unit with which the short-term rental permit (STRP) is associated on the same lot. The owner must be present on the property during the time which the property is being rented. Examples of owner-occupied include renting a portion of the owner's dwelling (room rental), rental of the main dwelling while the owner is living in an accessory dwelling unit and such accessory dwelling unit is permissible by the zone district, or rental of an accessory dwelling unit while the owner is living in the main dwelling when the accessory dwelling unit is permissible by the zone district. A lessee leasing a property under a written lease purchase agreement residing in the principal residential unit or accessory dwelling unit with which the short-term rental permit (STRP) is associated on the same lot shall be considered an owner for the purposes of this article. The lessee must provide a copy of the lease purchase agreement and the consent of the owner of the property as part of the application process. If a property is owned by a limited liability company, corporation, partnership or trust, a member of the limited liability company owning a 10% ownership interest, a shareholder of the corporation owning a 10% stock interest, a partner of the partnership owning a 10% partnership interest or a trustee of the trust shall be treated as the owner for purposes of a property being qualified as "hosted."
NONHOSTED
The owner of the property is absent from the principal residential unit or accessory dwelling unit with which the STRP is associated on the same lot for some or all of the time which the property is being rented.
SHORT-TERM RENTAL (STR)
A property that is used and/or advertised for rental of all or a portion of a dwelling for transient occupancy by guests for a continuous period of one to 29 days. Units rented to the same occupant for 30 or more continuous days, commercial properties with bed-and-breakfast establishments, hotels, and motels shall not be considered a STR property.
A. 
All STR facilities, whether existing or proposed, shall receive a permit from the Town of Pinedale, pass a life safety inspection and present proof of insurance to cover STR use of the dwelling unit prior to commencing operation as an STR. The Planning and Zoning Department is authorized to create application form(s) and procedures as necessary to manage and enforce these provisions, both for the initial authorization and for ongoing compliance. The application form(s) shall be approved by the Town Council. A permit application fee and inspection fee as set by Town Council resolution shall accompany all permit applications. The life-safety inspection shall include, at a minimum, a functional smoke detector, a fire extinguisher (minimum five-pound dry-chem multiuse) and a carbon monoxide alarm. Each sleeping room shall be provided with a code compliant means of egress.
B. 
Short-term rental permits (STRP) shall expire on March 31 of each year and must be renewed annually prior to expiration. Permit holders may submit renewal applications between January 1 and February 28. Permits that have not been renewed by March 31 will expire on April 1. Extensions are not permitted for STR renewals. A renewal fee and inspection fee as set by Town Council resolution shall accompany all renewal applications. Applicants whose STR permit expired must complete the process for an initial STR permit to resume operation of their STR.
A. 
Short-term rentals are not permitted outdoors, in tents, campers, recreational vehicles or unattached accessory structures (e.g., sheds, garages, etc.). Short-term rentals in properly conforming accessory dwelling units (ADU) are permitted.
B. 
Only one short-term rental permit will be issued per deeded property or lot.
C. 
Each STR may only be rented to one group at any one time (i.e., a single booking).
D. 
Occupancy of a dwelling used for an STR is limited to a total of 10 guests. (NOTE: Facilities exceeding 10 guests are to be classified as hotels/motels and will be considered pursuant to that classification.)
E. 
Parking for the STR must utilize parking on the property of the STR or parking in the right-of-way immediately adjacent to the STRP property.
F. 
Short-term rentals are classified as lodging facilities by the state and must be registered with the Wyoming Department of Revenue and collect all applicable room, occupancy and sales taxes required by law.
G. 
The following must be posted in a visible area in the rental structure:
(1) 
Inside of front door:
(a) 
Contact information for responsible party;
(b) 
STR permit;
(c) 
Address of property; and
(d) 
Emergency response contact information (i.e., 911).
(2) 
Bedroom: Floor plan of structure indicating fire escape routes.
H. 
Any advertising or description of an STR on any website must display the permit number or an image of the permit.
I. 
Signs, advertising, or any other display on the property indicating that the dwelling unit is being utilized, in whole or in part, as an STR is prohibited. The STR shall outwardly appear as a residential dwelling.
J. 
Within the following zone districts, written notice shall be provided by the owner to neighbors adjacent to the STR property: A, R-S, R-1, R-2 and R-2A. Each notice shall include the STR address, name and contact information of the owner. Proof of notification (i.e., copy of the mailing receipt) shall be provided to the Planning and Zoning Department during the application process.
K. 
Short-term rental permits shall not be transferred or assigned to another individual, person, entity, or address. Further, a permit does not authorize any person, other than the person named therein, to operate an STR on the property.
L. 
Within the following zone districts, both hosted and nonhosted (non-owner-occupied) short-term rentals shall be permissible: C-1 and C-2.
M. 
Within the following zone districts, one permit is allowed per owner: A, R-S, R-1, R-2 and R-2A. Hosted (owner-occupied) short-term rentals shall be permissible in said zone districts.
N. 
STRs are not allowed in multifamily dwellings in the A, R-S, R-1, R-2 and R-2A Zone Districts.
O. 
Within the following zone districts, short-term rentals shall not be permissible: I-1, I-2, UT, R-4, and MH.
A. 
Any violation of this article is adjudged and declared to be a nuisance and shall summarily be abated by proper proceeding brought therefor.
B. 
Any person or entity violating any of the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be subject to the general penalty as provided in Chapter 1, Article IV, General Penalty, of this Code and subject to the STR permit being revoked.
C. 
Advertising that offers a property as an STR shall constitute prima facie evidence of the operation of an STR and the burden of proof shall be on the owner, operator, or lessee of record to establish that the subject property is being used as a legal STR or is not in operation.
D. 
Other evidence of the operation of an STR without a valid permit may include, but is not limited to, guest testimony, rental agreements, advertisements, and receipts or bank statements showing payments to the owner by a guest.
E. 
Each day during which a person operates an STR without a required permit constitutes a separate violation thereof.
F. 
Town staff shall maintain a log of nuisances and complaints lodged against a property operating as an STR. If three separate complaints are logged against a property in a two-year period, Town staff will review the STR permit for possible suspension or revocation. A suspension or revocation may be appealed to the Town Council by the holder of the STR permit.
The implementation date of this article shall be October 1, 2021.