[Added 11-10-2020 by Ord. No. 20-04]
As used in this article, the following terms shall have the meanings indicated:
BOARDING HOUSE
A residential facility or a portion of a residential dwelling unit for the temporary accommodation of persons or families in a rooming unit, whether for compensation or not, who are in need of shared lodging and personal services, supervision, or rehabilitative services.
HOST
Any person who is the owner of record of residential real property, or any person who is a lessee of residential real property pursuant to a written agreement for the lease of such real property, who offers a dwelling unit, or portion thereof, for short-term rental.
HOTEL
Any commercial establishment, or any portion of such establishment:
A. 
Whose principal use provides that such structure is occupied or intended or designed for occupancy by transients for lodging or sleeping purposes and includes any hotel, inn, tourist court, tourist camp, tourist cabin, motel or any place meeting this definition; and
B. 
Accepts on-site reservations for accommodations.
NOT OWNER-OCCUPIED
Owner of the property does not permanently reside in the STRP or in the principal residential unit which the STRP is associated on the same lot.
OWNER-OCCUPIED
Owner of the property permanently resides in the STRP or in the principal residential unit with which the STRP is associated on the same lot.
PRIMARY RESIDENCE (or PRINCIPAL RESIDENCE)
A primary residence is the main home of an individual. An individual has only one primary residence at a time. If an individual owns and lives in just one dwelling unit, then that property is his or her primary residence. If an individual owns or lives in more than one dwelling unit then he or she must apply a "facts and circumstances" test to determine which property is his or her primary residence. While the most important factor is where he or she spends the most time, other factors are relevant as well. The more of these factors that are true of a home, the more likely that it is a primary residence: Factors include, but are not limited to the address listed on an individual's U.S. Postal Service address, voter registration card, federal and state tax returns, driver's license, state identification card, and/or vehicle registration.
SHORT-TERM RENTAL PROPERTY (STRP)
A residential dwelling unit that is used and/or advertised for rent for transient occupancy by guests. Dwelling units rented to the same occupant for 30 or more continuous days, bed-and-breakfast establishments, boarding houses, hotels, and motels shall not be considered short-term rental property.
TRANSIENT
Any person who exercises occupancy or is entitled to occupancy of any rooms, lodgings or accommodations for a period of less than 30 continuous days.
A. 
In zoning districts in which residential uses are a permitted use, including legal nonconforming residential uses, a short-term rental of the dwelling unit that is the primary residence of the property owner is permitted by the Board of Zoning Adjustment with special standards set forth in this section.
B. 
In zoning districts in which residential uses are a permitted use, including legal nonconforming residential uses, a short-term rental of the dwelling unit that is not the primary residence of the property owner is required to obtain a conditional use permit by the appropriate Board of Zoning Adjustments. If granted the conditional use permit the owner must also comply with the special standards set forth in this section.
C. 
Multifamily apartments or condominium applicants must be either the owner of the property or the lessee. If the applicant is the lessee, the application must be accompanied by signed documentation of permission from the lessor for the operation of the short-term rental at the subject property. If the short-term rental is not the primary residence of the owner or lessee they will be required to obtain a conditional use permit by the appropriate Board of Adjustments. If granted the conditional use permit the owner must also comply with the special standards set forth in this section.
D. 
No person or entity shall operate a STRP or advertise a residential property for use as a STRP without the owner of the property first having obtained a conditional use permit issued by Henderson County Board of Zoning Adjustment in accordance with the provisions of this section.
E. 
The maximum stay for a guest shall be 29 consecutive days. A dwelling unit rented to the same occupant 30 consecutive days or more is not considered a short-term rental.
F. 
Outdoor signage identifying the location as a short-term rental is prohibited.
G. 
There shall be sufficient parking available for the host and guests and shall not create a demand for increased parking.
H. 
No food shall be prepared for or served to the occupants of a STRP by the permit holder.
I. 
The principal renter of a STRP unit shall be at least 21 years of age.
J. 
The maximum number of occupants permitted on a STRP property at any one time shall not exceed more than twice the number of sleeping rooms plus two. The occupancy maximum shall be conspicuously posted within the STRP unit. Advertising a STRP for more occupants than allowed by this regulation shall be grounds for revocation of the permit.
K. 
Simultaneous rental of a STRP to more than one party under separate contracts shall not be allowed.
L. 
The name and telephone number of the local responsible party (who shall reside or be located within 25 miles of the STRP) shall be conspicuously posted within the STRP unit. The responsible party shall answer calls 24 hours a day, seven days a week for the duration of each short-term rental period to address problems associated with the STRP.
M. 
A clearly marked evacuation plan shall be posted on the premises.
N. 
The permit holder shall be responsible for maintaining proper insurance coverage on the STRP.
O. 
The permit holder shall be responsible for collecting and remitting all applicable room, occupancy, and sales tax required by federal law, state law and Henderson City/County.
P. 
Each short-term rental shall be in compliance with all applicable laws and regulations of the federal, state, or local governments, as may be amended from time to time, including, but not limited to, laws or regulations on nondiscrimination, zoning, building, safety, property maintenance, health and sanitation, fire, electrical, plumbing, mechanical, and other applicable laws.
The conditional use permit application shall verify by affidavit that all of the information being provided is true and accurate and the application shall include the following information:
A. 
The name, telephone number, address, and email address of the owner, host and of a person or business ("responsible party") residing or located within 25 miles of the STRP that is responsible for addressing all maintenance and safety concerns;
B. 
Owners applying for an owner-occupied permit must provide two documents giving proof of owner occupancy. Acceptable documentation includes Kentucky driver's license, other valid State of Kentucky identification card, voter registration card, utility bills, paycheck/check stub, work ID or badge, or a bank statement, each current and showing the owner's name and address matching that of the property to be utilized for short-term rental.
C. 
A floor plan of the residence showing number of bedrooms and location of smoke alarms. The floor plan can be hand-sketched (number of sleeping rooms will be checked against the tax assessor's record). Floor plans shall show details of all levels of the house and any attached structures, location of windows, doors (interior and exterior), and locations of the required smoke detectors.
D. 
A statement that the applicant has confirmed that operating the proposed STRP would not violate any homeowners' association agreement or bylaws, condominium agreement, covenants, codes and restrictions or any other agreement governing and limiting the use of the proposed STRP property.
A. 
No person, firm, or corporation shall own or operate a short-term rental on any premises within Henderson County unless the short-term rental has been approved by the Board of Zoning Adjustment. A conditional use permit shall include at minimum:
(1) 
All information required in an application under Subsection C; and
(2) 
The STRP continues to be in full compliance with all applicable laws, including the payment of all applicable taxes.
B. 
A conditional use permit shall not be transferred or assigned to another individual, person, entity, or address, nor shall the permit authorize any person, other than the person named therein, to operate a STRP on the property.
A. 
Upon the filing of a complaint regarding a conditional use permit, the Codes Administrator shall notify the permit holder in writing or by email of such complaint and follow the process as outlined in the Henderson County Nuisance Ordinance.[1]
[1]
Editor's Note: See Ch. 176, Nuisances and Unsafe Structures.
B. 
If the property is subject to two or more substantiated civil and/or criminal complaints, the Board of Zoning Adjustment may revoke the approval. Any denial or revocation of a conditional use permit may be appealed to the appropriate Board of Adjustments as an administrative appeal.
C. 
Once a conditional use permit has been revoked, no new permit shall be issued to the applicant for the same property for a period of one year.