PC Short Term Rental Amendment

Short-Term Rental Amendment Planning Commission th Tuesday, October 25

History • • • • • •

Summer 2017: City Staff began review of Short-Term Rental (STR) issues March 2018: City Council Study Session May 2018: Met with Hotel/Motel Alliance June 2018: Met with Bed and Breakfast Operators November 2018: Ordinance #18946 Passed Amending City Code Late 2019 : UDO amendment that limited the number of STR to no more than 5 per owner, added no more than 1 per eight structures on a block face, and required STR operators to obtain a Rental Ready inspection prior to annual business license renewal.

Modifications to 14-200-05 • Revised the STR definition while adding definitions of duplex dwelling units • Clarified that motor homes, tents, recreational vehicles or portable buildings are not considered dwellings for STR’s • Defined single family dwelling • Defined Short-Term Rental as limited to 1 to 30 day stays and not considered hotels, motels, or bed and breakfast • Provided a definition that STR operators are any person who is the owner of a dwelling unit who offers or provides the unit for short term rental use

Modifications to 14-420 • Removed Short-Term Rentals from code section 14-420 and provided more focus on Bed and Breakfast establishments.

• Included that all Bed and Breakfast applications shall require a Special Use Permit.

New Section 14-424 Additions • Provided a purpose statement: Create balance with economic opportunity while maintaining housing supply and protecting owners, guest, and neighbors • Where allowed: required in a single family and duplex dwelling while not in a detached accessory dwelling. Not permitted in multi-family housing • Transient guest tax agreement must be provided for web platform or a separate agreement must be in place • Included that STR’s shall be no closer than 500 ft from the property line of another existing or proposed STR.

New Section 14-424 Continued • No separation requirement in the Arts District • No density limit in commercial districts • Requires Responsible Agent to be designated and located within 1 hours drive from Independence • Responsible Agent shall be available 24 hours a day 7 days a week and must respond to complaints within 1 hour of notification • Changes to the Responsible Agent must be submitted to City within 5 days of change

New Section 14-424 Continued • Short Term Rentals are prohibited from hosting weddings, banquets, parties, charitable fundraising • Shall not be rented to more than 1 booking party at a time • Clarified that a STR operator shall not live in the unit when the unit is rented.

• Prohibits providing food, snacks, or meals to guest • Added liability insurance of not less than $1,000,000 to cover the STR use.

• Clarified that a STR permit is not transferable and changes of ownership requires a new permit.

New Section 14-424 Continued • Requires posting of Good Neighbor Guidelines and tenant information to include: max occupancy, evacuation plan, allowed parking, trash disposal, noise plan, responsible agent contact and license number • Requires the use of noise monitoring devices and posting of quiet hours and penalties for violation City noise ordinance • Requires parking on approved driveway with a hard durable surface

New Section 14-424 Continued • Updated application to include: Number of rooms, occupancy, list of platforms, floor plan with entrance/exits, windows, bathrooms, kitchen, smoke detectors, fire extinguishers, carbon monoxide detectors, evacuation plan, parking.

• Attestation form including no liens or outstanding taxes, complying with property maintenance code, health and safety standards, working detectors and fire extinguishers, contractual restrictions such as HOA’s, bylaws, or restrictive covenants, owner understands and agrees with the UDO, non discriminate in use of the STR, and posting of Good Neighbor guidelines, provide trash and continue use of noise management.

New Section 14-424 Continued • Revised non-residential STR applications in commercial districts approval

by Director provided all term of this UDO are followed • Appeals for non-residential applications will fall to Planning Commission • Provide clarification on violations, penalties and enforcement • Director can commence revocation proceedings for the following: – STR operator has been cited for 2 or more offenses in a 3 month period – Application represents fraud, misrepresentation or false information – Violations that endanger the public health, safety or welfare – Failure to pay transient guest tax, sales tax, or property tax

New Section 14-424 Continued • Provides a public hearing for revocation • Planning Commission to consider the following: – Nature and seriousness of violation – Impact on neighborhood and or community – Corrective action taken by Responsible Agent – Prior violations – Likelihood of recurrence – Entirety of circumstances and length of time license has been held

Business License Process • Business license application – Reviewed by relevant departments – Business license inspections of the premises • Annual renewal of business license – Business license inspection of premises

Short-Term Rental Amendment

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