The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Director or designee.
The director of the department(s) or division(s) of the city designated by the mayor or city administrator to administer and/or enforce the provisions of this article and any person or persons designated by such department or division director(s) to represent the department or division for said purpose.
Owner.
In addition to such person or entity, any person having a legal or equitable interest in real property or identified in the official real property records of the county in which the real property is located as holding title to real property or otherwise having control of real property, including the guardian of the estate of such person and the executor or administrator of the estate of such person. The term "owner" does not include the holder of a nonpossessory security interest in real property.
Person.
One or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, fiduciaries and any other organization or entity of whatever character.
Premises.
The property, a lot, or parcel of land, including any structures or portions of structures thereon.
Short-term rental (STR).
A dwelling that is (1) used or designed to be used as a place where a person may reside, including a single-family dwelling, garage apartment, guest house or a unit in a multi-unit building, including an apartment, condominium, cooperative or timeshare; and (2) rented wholly or partly for a fee and for a period of less than thirty (30) consecutive days. The term "short-term rental" does not include a premises that is used for a nonresidential purpose, including an educational, healthcare, retail, restaurant, banquet space or event center purpose or another similar use, or a bed-and-breakfast or hotel as defined in the comprehensive zoning ordinance, as amended.
Short-term rental listing service.
A person that participates in the short-term rental business by facilitating and/or collecting a fee for booking services through which an owner may offer short-term rentals to potential guests. Short-term rental listing services usually, though not necessarily, provide booking services through an online platform that allows an owner to advertise the premises through a website or mobile application provided by the short-term rental listing service and the short-term rental listing service conducts a transaction by which potential guests arrange their use and their payment, whether the potential guest pays rent directly to the owner or to the short-term rental listing service.
Sleeping area.
A habitable space within a dwelling designed or used for sleeping, including a bedroom. Tents, hammocks, and recreational vehicles shall not be considered a sleeping area. Every sleeping area must have at least one operable emergency escape and rescue opening as per all applicable city-adopted codes, regulations, and ordinances.
(Ordinance 3083 adopted 3/27/2023)
No short-term rental shall operate within the city without a current, valid short-term rental permit. All individual units having cooking, sleeping, and bathing facilities within common buildings, regardless of ownership, shall require a separate, individual permit for each unit intended to be used as a short-term rental. A person commits an offense under this article if that person owns or operates a short-term rental in the city without a valid permit. A short-term rental permit is nontransferrable and may not be assigned to another person or premises, including, but not limited to, any successor in title to ownership of the short-term rental or upon lease of the short-term rental to a person for a period longer than thirty (30) days.
(Ordinance 3083 adopted 3/27/2023)
(a) 
An application for a short-term rental permit shall include the following information, along with a nonrefundable application fee as established in the city's fee schedule:
(1) 
A list of all owners, operators and agents (if applicable) of the short-term rental, including names, addresses, and current email addresses and telephone numbers of each such person;
(2) 
The name, address and 24-hour telephone number of a contact person who is the owner, operator, or designated agent and who shall be responsible and authorized to respond to complaints concerning the short-term rental;
(3) 
An acknowledgement that any permit granted under this article does not supersede any property-specific restrictions against short-term rentals that may exist under law, agreement, lease, covenant, or deed restriction;
(4) 
A depiction of the floor plan that identifies sleeping areas, evacuation routes, and location of all fire extinguishers and smoke detectors;
(5) 
Guest safety information containing the information required by section 4.10.007;
(6) 
Proof of additional coverage under a qualifying general liability insurance policy;
(7) 
A sworn statement that the owner has met and will continue to comply with all requirements of this article; and
(8) 
Other information as may be required.
(b) 
An application shall be considered complete when all documentation required by this article has been provided and the permit fee has been paid. Incomplete applications will not be accepted.
(c) 
Any existing short-term rental shall have thirty (30) days from adoption of this article to complete the required registration and obtain a short-term rental permit.
(d) 
Unless earlier suspended or revoked by the director or designee pursuant to this article, a short-term rental permit expires twelve (12) months from the date of issuance. A permit holder shall apply for renewal prior to the expiration of the permit on a form provided by the director or designee. The permit holder shall update the information contained in the original permit application or any subsequent renewal application if any of the information has changed. The permit holder shall sign a statement affirming that there is either no change in the information contained on the original permit application and any subsequent renewal applications, or that any information that has been updated is accurate and complete. Complete applications for renewal received after the expiration of a current permit shall be treated as applications for a new permit. The application for renewal shall be accompanied by a nonrefundable registration fee as established by the city in the current adopted fee schedule.
(e) 
Upon receipt of a complete application for renewal of a short-term rental permit, the director or designee may deny the renewal if it is determined that the permit was issued in error or on the basis of incorrect information supplied by the applicant, or if there are grounds for suspension or revocation as provided for in this article.
(f) 
It shall be unlawful for any person to file a false registration application with the city.
(g) 
The owner and/or operator of a short-term rental that has had a permit revoked for a premises is ineligible to apply for a short-term rental permit for such premises for a period of one (1) year from the date of such revocation. A premises for which a permit has been revoked is ineligible to apply for a short-term rental permit for a period of one (1) year from the date of such revocation.
(Ordinance 3083 adopted 3/27/2023)
To ensure compliance with the requirements of this article, a short-term rental shall be inspected with the following methods:
(1) 
Initial and renewal inspections.
As part of the issuance of a new short-term rental permit and any renewals thereof, the city shall conduct an inspection to verify compliance with this article.
(2) 
Inspections upon report or suspicion of a violation.
The city may perform inspections when a violation of this article or other law is reported or suspected.
(Ordinance 3083 adopted 3/27/2023)
All short-term rentals permitted pursuant to this article are subject to the following standard requirements:
(1) 
Name.
Legal name of business or entity;
(2) 
Parking.
Parking shall comply with the zoning ordinance. No required parking shall be permitted within public right-of-way, alleys, or access easements as defined by city code or state regulations regarding parking. Yards shall not be used to provide the minimum required parking.
(3) 
Updated information.
The owner shall provide timely updates to the city of any changes to the name, address and 24-hour telephone number of the contact person who is the owner, operator or designated agent responsible and authorized to respond to complaints concerning the short-term rental, (contact person), within one hour or less. Should a law enforcement officer be required to respond to a reported short-term rental violation, emergency, complaint, or related matter, and the officer determines a violation of city ordinances or other law, such contact person may be contacted by the officer or designee for such purposes. The contact person shall attempt to contact the occupants within one (1) hour of any contact from the city to address the occupants about the complaints. Should a second complaint be filed and a citation issued to the occupants or guests, the owner and contact person party must take appropriate steps to assure future complaints do not occur. Failure to provide updated information to the city regarding the 24-hour contact person shall be a violation of this section.
(4) 
Advertising.
The short-term rental permit number, maximum occupancy as permitted, and health and life-safety inspection expiration date must be listed in all advertising for the short-term rental.
(5) 
Bathrooms.
Not less than one full bathroom shall be provided for each five occupants for the short-term rental. This full bathroom must meet the minimum International Residential Code standards and include a washbasin, toilet and tub or shower.
(6) 
Occupancy.
The maximum number of occupants allowed to sleep in a short-term rental is two occupants per sleeping room, plus an additional two occupants per dwelling.
(7) 
Insurance.
Proof of coverage under a qualifying general liability insurance policy will be required at time of application.
(8) 
Permit display.
The city-issued short-term rental permit shall be posted at all times in a prominent location inside the property for which it is issued.
(Ordinance 3083 adopted 3/27/2023)
The conduct listed below, is prohibited:
(1) 
To advertise on a short-term rental listing service or offer a short-term rental without first obtaining a short-term rental permit in accordance with this article;
(2) 
To operate a short-term rental in a manner that does not comply with all applicable city and state laws and codes;
(3) 
To operate a short-term rental without paying the required hotel occupancy taxes;
(4) 
To rent to a guest who is under the age of twenty-one (21);
(5) 
To post or allow external signage on or off the premises of the short-term rental that indicates the property is a short-term rental;
(6) 
To post or allow the short-term rental to be used as a wedding or event venue;
(7) 
To fail to include the city permit number for the short-term rental in all advertisements, including online, for the short-term rental within the description or body for public reference;
(8) 
To permit the use of tents, hammocks, recreational/camper vehicles or other vehicles and outdoor areas that are not residential dwellings as short-term rentals.
(Ordinance 3083 adopted 3/27/2023)
Each owner of a short-term rental shall provide to guests a brochure and post in a conspicuous location within the short-term rental the following minimum information:
(1) 
The owner, operator or designated agent's name and twenty-four (24) hour contact telephone number;
(2) 
Pertinent neighborhood information including, but not limited to, parking restrictions, trash collection schedules, and location of required off-street parking, other available parking and prohibition of parking on landscaped areas;
(3) 
Noise restrictions as specified under this code and state law.
(4) 
Information to assist guests in the case of an emergency posing threats to personal safety or damage to property, including emergency and nonemergency telephone numbers for police, fire and emergency medical services (EMS); and
(5) 
Depiction of floor plan identifying evacuation routes, including the dwelling's exits, primary evacuation routes and secondary evacuation routes near the front door of the dwelling.
(Ordinance 3083 adopted 3/27/2023)
The director or designee shall implement and enforce this article and may by written order establish such procedures, not inconsistent with this article or other city ordinances, rules, or regulations, or any county, state, or federal laws or regulations, as the director or designee determines are necessary to discharge any duty under this article.
(Ordinance 3083 adopted 3/27/2023)
Complaints related to the operation of a short-term rental shall be reported to the city's code enforcement officer.
(Ordinance 3083 adopted 3/27/2023)
The owner, operator, contact person, and guests shall comply with all applicable laws, rules and regulations pertaining to the operation, use, and occupancy of a short-term rental. The owner shall not be relieved from any civil or criminal liability for a violation of this article, regardless of whether such violation is committed by the owner, operator, contact person, or guest of the owner's short-term rental. Nothing in this article shall be construed to relieve any person or owner of any other applicable requirements of federal, state, or local law, rules, or regulations. Nothing in this article shall be construed to provide any property owner with the right or privilege to violate any private conditions, covenants, and restrictions applicable to the owner's property that may prohibit the use of such owner's property as a short-term rental as defined in this article.
(Ordinance 3083 adopted 3/27/2023)
(a) 
Enforcement.
This article shall be administered and enforced by the building official and fire marshal or their duly authorized representatives who may for good cause revoke permits required by this article. Additionally, if the director or designee finds that the owner or operator willfully, or continually violates the terms of this article at least twice in a 12-month period, the director or designee may deny an application to renew a short-term rental permit for a period of 12 months.
(b) 
Penalties.
Any person violating any of the provisions of this article shall upon conviction thereof be fined to the maximum allowed by law for each offense; each day or part thereof the violation occurs or is permitted to continue shall constitute a separate offense.
(Ordinance 3083 adopted 3/27/2023)