[R.O. 1993 § 400.170; Ord. No.
250 § A, Art. VI, 1-28-1974; Ord. No. 787 § 1, 7-18-2005]
The regulations hereinafter contained in this Article qualify
or supplement the district regulations appearing elsewhere in this
Chapter. Such regulations shall apply to all zoning districts.
[Ord. No. 1106, 12-6-2022]
A.
Purpose. The purpose of this Section is to establish regulations
for short-term rentals in order to safeguard the peace, safety, and
general welfare of the City of Bel-Nor by minimizing negative secondary
affects related to short-term rentals, including excessive noise,
disorderly conduct, illegal parking, overcrowding and excessive accumulation
of refuse within the neighborhood.
1.
The appearance of the dwelling shall not conflict with the residential
character of the neighborhood. The structures shall be properly maintained,
and kept in good repair, in order that the use in no way detracts
from the general appearance of the neighborhood.
B.
Definitions.
1.
OWNER
SHORT-TERM RENTAL UNIT
TRANSIENT
The definitions and regulations in this Chapter shall be cumulative to those found in Section 405.120, the City's zoning regulations. In the event of a conflict between these provisions and the zoning regulations, the most restrictive provision will apply.
The person or entity that holds legal and equitable title
to a short-term rental property. The owner shall hold a valid short-term
rental permit/business license prior to renting or advertising the
availability of the short-term rental.
Any non-subsidized house, apartment, condominium, and room
or lodging accommodation on any property within the City that is rented
to the same tenant for a period of less than 30 days.
A guest or person(s) staying for only a short time for a
period of less than 30 days.
C.
Short-Term Rental Permit and General Standards.
1.
Short-term rentals of residential dwelling units are limited
to "C-1" Commercial District (8400 Natural Bridge Road only) and "E-1"
Institutional District (7956 to 8312 Natural Bridge Road only) and
are prohibited in any other zoning districts, including "R-1," "R-2,"
and "R-3."
2.
Prior to issuance of a short-term permit/business license, short-term
rental units shall have a housing inspection for compliance on all
required City life safety codes, meet all residential building, electrical,
mechanical, plumbing in compliance with adopted codes.
3.
Short-term rentals may only be made for the primary residential
structure. If the property contains an accessory building or unit,
the accessory building or unit may not be used for a short-term rental.
No person shall utilize any area of the dwelling for sleeping that
is not habitable as a bedroom.
4.
No interior cameras or hidden spyware devices are allowed. Tenants
have an expectation of privacy and a right of enjoyment in accordance
to Missouri Landlord Tenant Law. Exterior cameras are permitted.
5.
Time Frame. Short-term rental permits are limited to less than
thirty (30) consecutive days per guest and nine (9) months or two
hundred seventy (270) days per twelve-month period.
6.
The owner(s) of any short-term rental shall be required to obtain
a short-term rental permit and business license from the City before
renting or advertising the availability of the short-term rental.
Short-term rental permits shall be valid from January 1 and shall
expire on December 31. The annual fee for the short-term rental permit
is one hundred dollars ($100.).
7.
The owner(s) shall use reasonable, prudent business practices
to ensure that the short-term rental units are used in a manner that
complies with all applicable statutes, ordinances, rules and regulations
pertaining to the use and occupancy of the short-term rental property.
8.
The owner(s) shall post the current short-term rental unit permit
number on or in any advertisement appearing in any written publication
or any website promoting the availability or existence of a short-term
rental unit. No sign shall be posted to advertise the availability
of the short-term rental unit.
9.
A list of all owners, operators, agents (if applicable) of the
short-term rental unit shall be required, including names, address,
current emails and telephone numbers (no LLC acceptable).
10.
Insurance. The owner(s) shall keep, at a minimum, an insurance
policy sufficient for personal injury liability for all transients
(guests). A copy shall be filed with the City, and proof provided
upon request.
11.
Life Safety. The owner(s) shall maintain all short-term rental
records (name, contact information, dates of lease and vehicles of
guest) for a period of two (2) years, on an ongoing basis. Records
must be available for inspection by Building Commissioner upon request.
12.
The owner(s) or local contact shall use reasonable prudent business
practices to ensure that the transient (guest) of a short-term rental
unit do not create unreasonable noise or disturbances, engage in disorderly
conduct or violate any applicable law, ordinance, rule or regulation
pertaining to the use or occupancy of the short-term rental unit.
13.
Prior to rental of the short-term unit, a posting of the City Noise Ordinance shall be in a visible location. (Section 210.750)
15.
Parking. The owner(s) shall provide adequate, durably paved,
off-street parking for all vehicles of transient (guest) of the short-term
rental unit. Each transient (guest) shall be instructed to park on
the property paved-driveway. No more than one (1) vehicle shall be
associated with a short-term rental unit at any given time.
16.
Non-Transferability. A permit to operate a short-term rental
is non-transferable to another owner, operator, unit or location.
The property cannot be listed for sale as a short-term rental.
17.
In the event that the owner of the property does not reside
on the property during short-term rentals, the owner of the property
shall designate a manager who lives within twenty (20) miles of the
property who can respond for any incident or emergency arising on
the property during the short-term rental. The manager's name,
address, emergency contact number and email address shall be provided
to the City prior to any short-term rental.
18.
Denial, suspension and revocation.
a.
The business license may be revoked by the City at any time,
due to the failure of the permit holder to comply with any requirements
of this Article, violations of law or ordinance, or in the event that
the short-term rental causes a nuisance. Notice of revocation shall
be made in writing to the license holder and a hearing shall be held
by the Board of Aldermen or the Board's designee.
b.
An advertisement promoting the availability of property containing
short-term rental units in violation of this Chapter shall be prima
facie evidence of a violation, and may be grounds for denial, suspension
or revocation of a license.
19.
Cease-and-desist notice; injunctions.
a.
In addition to the other remedies under this Article, upon request
by the Board of Aldermen, the City Attorney may send notice to the
owner, or manager operating a short-term rental unit in violation
of this Article to cease and desist activity that is in violation
of this Article. The notice shall be sent to the owner, or manager
via certified mail, return receipt requested. Notices shall be deemed
effective: i) when delivered if personally delivered; ii) by the date
indicated on the receipt if sent by overnight mail; or iii) three
(3) days after deposit in the United States Mail or the date indicated
on the return receipt as a delivery date, whichever is earlier, if
mailed by certified or registered mail.
b.
The City Attorney or Board of Aldermen may file an injunction
against any owner or manager operating a short-term rental unit without
a valid City business license issued by the City of Bel-Nor.
[R.O. 1993 § 400.180; Ord. No.
250 § B, Art. VI, 1-28-1974]
Nothing herein contained shall require any change in plans,
construction, or designated use of a building actually under construction
at the time of the effective date of these regulations.
[R.O. 1993 § 400.190; Ord. No.
250 § D, Art. VI, 1-28-1974]
A.
An occupation may be carried on in a residential structure in a residential
district only when it:
[R.O. 1993 § 400.200; Ord. No.
250 § E, Art. VI, 1-28-1974]
On any lot of record a structure may be erected even though
the lot be of less area or width than required by the regulations
of the zoning district in which the lot is located, provided all other
area requirements are met.
[R.O. 1993 § 400.210; Ord. No.
250 § F, Art. VI, 1-28-1974]
No yard or lot existing at the time of passage of this Chapter
shall be reduced in size or area below the minimum requirements set
forth herein, except for street widening. Yards or lots created after
the effective date of this Chapter shall meet at least the minimum
requirements established by this Chapter.
[R.O. 1993 § 400.220; Ord. No.
250 § G, Art. VI, 1-28-1974]
On a corner in any district, nothing shall be erected, placed,
planted, or allowed to grow in such a manner as to impede vision between
a height of two and a half (2 1/2) and ten (10) feet above the
center line grades of the intersecting streets in the area bounded
by the street lines of such corner lots and a line joining points
along said street lines fifty (50) feet from the point of intersection.
[R.O. 1993 § 400.240; Ord. No.
250 § J, Art. VI, 1-28-1974]
A.
No building or other improvements shall be constructed or erected
upon any lot unless there first be constructed a dedicated street
abutting that lot. The paving on such street shall be as required
by the Board of Aldermen of the City of Bel-Nor. The failure to install
or construct such street shall be sufficient reason for the Building
Commissioner to refuse to issue a building permit for improvements
upon such lot.
B.
No building or other improvements shall be constructed or erected
upon any lot unless there first be constructed over and along all
sides thereof abutting a street such paved sidewalk as may be required
by the Board of Aldermen of the City of Bel-Nor. The failure to install
or construct such sidewalks shall be sufficient reason for the Building
Commissioner to refuse to issue a building permit for improvements
upon such lot.
[R.O. 1993 § 400.250; Ord. No.
250 § K, Art. VI, 1-28-1974; Ord. No. 787 § 1, 7-18-2005]
A.
Any structure which is erected, converted or structurally altered
after the effective date of this Chapter shall be in conformity with
the architecture and general appearance of the surrounding neighborhood
and not detrimental to the surrounding community. All plans for the
development of a lot or the construction of a structure or portion
or alteration thereof shall be submitted for review and recommendation
of the Planning and Zoning Commission and subsequent review and approval
by the Board of Aldermen.
B.
If, after reviewing the plans of such structure, the Board shall
find that the development or the structure fails to conform to the
development standards and other requirements in the Municipal Code,
then no building or development permits shall be issued.
[R.O. 1993 § 400.260; Ord. No.
250 § L, Art. VI, 1-28-1974; Ord. No. 787 § 1, 7-18-2005]
A.
Area regulations and height limitations for any structure not specifically
enumerated within the zoning district regulations shall be subject
to the approval of the Planning and Zoning Commission and the Board
of Aldermen.
B.
Height Exceptions. Public, semipublic, or public service buildings,
hospitals, institutions, or schools, when permitted in a district,
may be erected to a height not exceeding sixty (60) feet, and churches
and temples may be erected to a height not exceeding seventy-five
(75) feet if the building is set back from each yard line at least
one (1) foot for each foot of additional building height above the
height limit otherwise provided in the district in which the building
is built; provided, however, that such exceptions shall not be permitted
where they would conflict with any existing or hereafter adopted ordinances
of the City or other governmental regulations regarding the height
of buildings surrounding airports, landing fields, or landing strips.
C.
Buildings on lots with double frontage may waive the requirements
for a rear yard by furnishing a front yard upon both streets.
D.
In computing the depth of a rear yard or the width of a side yard
where the rear or side yard opens on an alley, one-half (1/2) of the
alley width may be included as a portion of the rear or side yard,
as the case may be.
E.
Accessory buildings which are to be used for storage purposes only
may be erected upon a lot prior to the construction of the main building,
but no accessory building shall be used for dwelling purposes.
F.
Every part of a required yard shall open to the sky unobstructed, except for accessory buildings in a rear yard. This requirement shall not prevent the construction of fences not exceeding four (4) feet in height, except on that portion of lots within fifty (50) feet of the intersection of two (2) or more streets, as provided in Section 405.220 of this Code.
