[Ord. No. 3211-23, 11-6-2023]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
Any residential building that contains three or more attached
units, excluding those defined as a Townhouse.
Any independently complete dwelling unit in a detached single-family
dwelling unit, a two-family attached dwelling unit, townhouse or apartment
that is available for rent for terms or periods of less than thirty
(30) consecutive nights.
Short-term rentals inside an owner-occupied primary residence
of any type. (room rentals)
Any single-family dwelling unit constructed in a group of
three (3) or more attached units in which each unit extends from foundation
to roof and with a yard or public way on not less than two (2) sides.
[Ord. No. 3211-23, 11-6-2023]
The standards of this Chapter apply to short-term rental permits
as defined herein. No short-term rental shall be operated in the City
of Smithville except in compliance with this Chapter.
[Ord. No. 3211-23, 11-6-2023]
Each owner of a short-term rental property is responsible for
compliance with all the provisions of this Chapter. The owner may
act as the responsible agent for the unit or may designate a person
or company to serve as a responsible agent who will be jointly liable
and responsible for compliance. The owner and/or responsible agent
shall have access and authority to assume management of the unit and
take remedial measures to ensure compliance with all provisions herein.
Any changes to the name, address, or telephone number(s) of the local
responsible agent or owner must be submitted to the City within five
(5) business days of the change(s).
[Ord. No. 3211-23, 11-6-2023]
Business and occupation licenses as described in Chapter 610 of the Code of Ordinances are required for all short-term rentals, but owners or responsible agents may hold one (1) business license for multiple permitted locations.
[Ord. No. 3211-23, 11-6-2023]
The responsible agent shall provide a list of and links to advertisements
on all online platforms and update the City within five (5) business
days of any change(s). The occupation license number issued by the
City shall be listed on all advertisements and online platforms. It
shall be considered a violation of this Chapter to advertise online
or offline without posting the occupation license number in a prominent
place on such advertisement.
[Ord. No. 3211-23, 11-6-2023]
All short-term rentals shall maintain regular refuse collection
services from the City in structures required to be included in the
City utility bill, or from an otherwise licensed refuse collector
in all other structures.
[Ord. No. 3211-23, 11-6-2023]
A.
In
order to ensure the safety of the occupants and owners of any short-term
rental unit, the following requirements must be included in the unit,
including any retrofitting required in an existing structure in order
to meet the minimum building code requirements for the building where
the unit is located.
1.
Smoke and carbon monoxide detectors are required in accordance with
the building code as if the structure was new.
2.
Ground-fault circuit interrupters and arc-fault circuit interrupters
are required in accordance with the building code as if the structure
was new.
3.
Emergency contact information of the owner or manager must be permanently
displayed in the unit and provided to the primary guest on file.
4.
If the unit is in an apartment building, a fire escape path plan
must be posted on any door that does not open to a yard or public
way.
5.
At least one (1) operational fire extinguisher is required to be
visible from and accessible to the kitchen area.
[Ord. No. 3211-23, 11-6-2023]
A.
In
order to prevent a significant impact on the affordability of housing
in the City of Smithville, the total number of permits licenses that
may be issued at any time shall be limited to not more than three
percent (3%) of the total housing stock within the City limits. In
addition to the total number of licenses to be issued, the following
density protections are required:
1.
The number of licenses issued for units in any structure other than
an apartment shall be limited to one (1) per each block face. For
purposes of this limitation, a block face shall be measured from intersection
to intersection on any given street, and both sides of said street
shall be included in this one (1) block face.
2.
The number of licenses issued for units located in an apartment complex
shall be one (1), or a maximum of twelve and one-half percent (12.5%)
of the total units available, whichever is more.
3.
Any existing short-term rental shall be granted sixty (60) days to
obtain a permit for the short-term rental following ordinance approval
notwithstanding these limitations on the number of permits. If the
owner of any existing unit fails to file an application for such permit
within the initial sixty (60) days grace, these number and density
limitations shall apply.
[Ord. No. 3211-23, 11-6-2023]
All short-term rentals must collect/remit a transient guest
tax equal to that of hotels/motels within the City limits.
[Ord. No. 3211-23, 11-6-2023]
The total number of adult guests allowed per unit shall equal
(2) adults per bedroom plus (2) adults in common living areas (sleeper
sofa, air mattress, etc.).
[Ord. No. 3211-23, 11-6-2023]
Short-term rentals are prohibited from hosting weddings, banquets,
parties, charitable fundraising, or other similar gatherings. Small,
informal non-commercial gatherings of family and friends of short-term
rental guests are permitted, provided the gathering does not disturb
the surrounding neighborhood, including but not limited to creating
parking or noise issues.
[Ord. No. 3211-23, 11-6-2023]
Short-term rental operators shall maintain liability insurance
appropriate to cover the short-term rental use in the aggregate of
not less than five hundred thousand dollars ($500,000.00) or conduct
each short-term rental transaction through a platform that provides
equal or greater insurance coverage.
[Ord. No. 3211-23, 11-6-2023]
The short-term rental permit shall be permitted to transfer
upon the sale of the property. The requirements of 625.030 are applicable,
and compliance is mandatory to affect the transfer of the permit.
[Ord. No. 3211-23, 11-6-2023]
All short-term rentals shall maintain a noise management plan.
The noise management plan must include the continuous operation of
noise monitoring device(s) while the registered property is rented.
The on-site posting of the quiet hours and the penalties for violating
the City noise ordinance shall be posted in a prominent location inside
the short-term rental.
[Ord. No. 3211-23, 11-6-2023]
A short-term rental permit is required for each such unit located
within the City of Smithville. Lawful, short-term rentals in existence
prior to the adoption of this Chapter that obtain a permit within
sixty (60) days of implementation of this Chapter are not subject
to the initial inspection requirements, but full compliance is required,
and inspections shall be required on any applications following those
sixty (60) days, including the renewal of the permit. All other rental
units not in existence prior to the passage of this Chapter shall
be inspected for compliance with this Chapter and approved prior to
issuance of a permit. All rental inspections shall be conducted by
City staff following approval of any application or renewal application
and payment of the annual short-term rental permit fee of fifty dollars
($50.00).
[Ord. No. 3211-23, 11-6-2023]
A.
Applications
for short-term rental permits must be made to the Development Department
on forms provided by the department. Applications shall include the
following information:
1.
The name, phone number, and email address for the property owner
and the responsible agent if different than owner.
2.
The number of bedrooms and the total occupancy allowed in the unit.
3.
A list of online platforms that will be used to solicit booking transactions
for the dwelling unit, along with a link to each such platform's page
for the unit. If any additions or changes to the list of platforms
occur during the term of the license, an updated list, with links
must be sent to the Development Department within (5) business days
of the change.
4.
Certification that the property is current on all property tax and
code violations fees/penalties. Certification may be in the form of
a receipt from the County Collector for taxes.
5.
The applicant must certify that the proposed dwelling unit is not
subject to any contractual restrictions precluding the dwelling unit
from being used for short-term rentals, including but not limited
to homeowner association agreements, condominium bylaws, restrictive
covenants, or building restrictions.
7.
The owner shall provide a copy of the noise management plan in compliance
with 625.140.
8.
The owner, applicant and responsible agent must acknowledge that
they will not discriminate in guest use or rental of a short-term
rental and will comply with all applicable anti-discrimination laws,
including but not limited to Title VII of the Civil Rights Act of
1968, the Fair Housing Act (FHA), and the Americans with Disabilities
Act (ADA).
[Ord. No. 3211-23, 11-6-2023]
After the submission of the application, City officials will
review the application to determine that all requirements of this
Chapter and other codes have been, or can be, met. Upon approval of
the initial application, the applicant must schedule an inspection
of the rental unit to ensure compliance with all the requirements
and codes as identified in this Chapter.
[Ord. No. 3211-23, 11-6-2023]
A.
It
shall be unlawful for any person to violate any provisions or to fail
to comply with any of the requirements of this Chapter. Any person
violating any of the provisions or failing to comply with any of the
requirements of this Chapter is subject to the violation, penalty,
and enforcement provisions of this Section and Chapter 100.220 of
this Code.
[Ord. No. 3211-23, 11-6-2023]
A.
In
addition to any fine or penalty that may be imposed pursuant to any
provision of this Chapter, a short-term rental may be suspended or
revoked as provided in this Section. The City may suspend or revoke
a short-term rental permit granted pursuant to this Chapter following
a hearing for any violation of the City Code or violation of this
Chapter. The Development Department shall commence the revocation
proceedings if any of the following occur:
1.
The short-term rental operator has been found guilty of two (2) or
more offenses that occurred in a three (3) month period.
2.
A short-term rental operator submits an application or other document
as part of the short-term rental review process that contains or represents
fraud, misrepresentation, or false information.
3.
The short-term rental operator has violated or is currently violating
this Chapter that significantly endangers public health, safety, or
welfare.
4.
The short-term rental operator fails to report and pay transient
guest tax, sales tax, or property taxes.
5.
Notice of a public hearing pursuant to this Section shall be given
to a short-term rental operator, in writing, at the address shown
on the short-term rental application and to the other parties identified
in the short-term rental application. Such notice shall be mailed
via regular mail at least fourteen (14) calendar days prior to the
date set for the public hearing before the Planning Commission. At
the revocation hearing, the Planning Commission shall consider the
following:
a.
The nature and seriousness of the violation.
b.
Impact of the violation on the neighborhood or community.
c.
Corrective action, if any, taken by the short-term rental operator
or the designated responsible agent.
d.
Prior violations.
e.
The likelihood of recurrence of the violation or violations.
f.
The entirety of the circumstances surrounding the violation.
g.
Length of time the licensee has held a license.
h.
The Planning Commission may either suspend for a specific term or
revoke a short-term rental permit by a simple majority vote of the
Planning Commission.
i.
The short-term rental operator can appeal the decision of the Planning
Commission to the Board of Aldermen within thirty (30) days.
j.
The findings of the Board of Aldermen shall be deemed final.
