HomeMy WebLinkAboutLouisville FAQ August 20161
Louisville Metro Short Term Rental
Frequently Asked Questions
As of August 1, 2016, short term rentals will be permitted on certain properties in Jefferson County. If you have
questions with the short term rental registration process, contact the Office of Planning & Design at (502) 574‐6230.
Q: What is a short term rental?
A: As defined by the ordinances, a short term rental is a dwelling unit that is rented, leased or otherwise assigned
for a tenancy of less than 30 consecutive days duration, where no meals are served by the host. This term does
not include hotel or motel rooms, extended stay lodging facilities, bed and breakfast inns or boarding and
lodging house rooms.
This includes renting a portion or your entire dwelling while you are also present. Short term rentals include the
following arrangements: 1) hosted home sharing, where the primary occupant(s) of the residence remains in the
dwelling with the guests; 2) un‐hosted home sharing, where the primary occupant(s) of the residence vacates
the dwelling while it is rented to guests; and 3) dedicated short term rentals, where there is not a primary
occupant of the dwelling and it is only used by guests.
Q: In what areas of Jefferson County are short term rentals permitted?
A: As of August 1, 2016, short term rentals may be permitted in areas of Jefferson County in which Metro Council
has zoning authority. At this time, short term rentals are NOT permitted in the following cities that retain
independent zoning authority (Bodies with zoning authority can determine the allowable use of a structure or
property) and have not adopted ordinances allowing short term rentals: Anchorage, Douglass Hills, Graymoor‐
Devondale, Hurstbourne, Indian Hills, Jeffersontown, Lyndon, Middletown, Prospect, Shively, St. Matthews and
St. Regis Park. Please click on the following the link to view a map showing areas in which Metro Council can
determine the use of a structure or property.
Link to Map of Areas under Metro Council’s Zoning Authority
Q: How do I find out the zoning of my potential short term rental?
A: Please click on the following the link to access an interactive map that will tell you zoning of any input entered.
In the link, enter the address of the potential short term rental, click Land Development Report and under the
Zoning section you will find the zoning designation for that address.
Residential zones = R‐R, R‐1, R‐2, R‐3, R‐4, R‐5, R‐5A, R‐5B, R‐6, R‐7, R‐8A, U‐N
Commercial zones = C‐N, C‐R, C‐1, C‐2, C‐3, C‐M, W‐1, W‐2, PVD, PTD, PRD
Link To Online Lojic Mapping Tool
2
Q: What do I need to do in order to have a dwelling that is my primary residence approved for short term rental
use?
A: On properties zoned for residential use, short term rentals of dwellings that are the primary residences of the
hosts can be permitted if the required standards can be met and the rentals are registered with Louisville Metro.
Hosts must submit an annual registration form for each rental. A Conditional Use Permit is not required.
On properties zoned for commercial use, regardless of the residency of the host, short term rentals can be
permitted if the required standards are met and the rentals are registered with Louisville Metro. Hosts must
submit an annual registration form for each rental. A Conditional Use Permit is not required.
On properties zoned TNZD (Old Louisville and Limerick neighborhoods), regardless of the residency of the host,
short term rentals can be permitted with Conditional Use Permits if the required standards are met and the
rentals are registered with Louisville Metro. Hosts must submit an annual registration form for each rental.
Q: What do I need to do in order to have a dwelling that is not my primary residence approved for short term
rental use?
A: On properties zoned for residential use, short term rentals of dwellings that are not the primary residences of
the hosts can be permitted with Conditional Use Permits if the required standards are met and the rentals are
registered with Louisville Metro. Hosts must submit an annual registration form for each rental.
On properties zoned for commercial use, regardless of the residency of the host, short term rentals can be
permitted if the required standards are met and the rentals are registered with Louisville Metro. Hosts must
submit an annual registration form for each rental. A Conditional Use Permit is not required.
On properties zoned TNZD (Old Louisville and Limerick neighborhoods), regardless of the residency of the host,
short term rentals can be permitted with Conditional Use Permits if the required standards are met and the
rentals are registered with Louisville Metro. Hosts must submit an annual registration form for each rental.
Q: Am I required to register my short term rental?
A: Yes. All hosts must register each of their short term rentals annually. There are not any exemptions to this
requirement. You may access your annual registration form, along with the $25 fee, online at:
https://louisvilleky.gov/government/planning‐design/short‐term‐rental‐information
Each short term rental requires its own independent registration. You may submit the form and $25 fee at
Louisville Metro’s Office of Planning & Design Services, located at 444 South 5th Street. Each short term rental
requires its own independent registration. The registration is valid for 12 months from the time of approval and
should be renewed on an annual basis.
Q: Is the short term rental registration transferable?
A: No. The registration is issued to a specific host and a specific property. A new host at a registered address must
submit a new registration form and cannot operate under the registration of the previous host. In addition, a
host that moves to a new address must submit a new registration form for the new address.
3
Q: Am I required to receive a Conditional Use Permit for my short term rental?
A: On properties zoned for residential use, short term rentals of dwellings that are not the primary residences of
the hosts can only be permitted with Conditional Use Permits if the required standards are met and the rentals
are registered with Louisville Metro. Each short term rental requires its own conditional use permit.
Q: How do I apply for a Conditional Use Permit and is there a fee?
A: Conditional Use Permit applications cannot be submitted online or by mail. They must be submitted in person at
Louisville Metro’s Office of Planning & Design Services, located at 444 South 5th Street. The application form
may be downloaded at: https://louisvilleky.gov/government/planning‐design/planning‐and‐design‐applications
A Pre‐Application Conference is required. There is an additional application and $130 fee for the Pre‐Application
conference. New Conditional Use Permit applications must be accompanied by a fee of $1,000. Modified
Conditional Use Permit applications must be accompanied by a fee of $215. All Conditional Use Permit
applications include an additional clerk’s fee of $25.50.
Q: What is a Conditional Use Permit?
A: Certain land uses due to their extent, nature of operation, limited application, or relationship to natural
resources are considered as exceptional cases. Uses listed in this part may be permitted in certain districts by a
Conditional Use Permit following a public hearing before the Board of Zoning Adjustment or Planning
Commission provided such uses won’t have an adverse effect on neighboring property, aren’t in conflict with
goals and plan elements of the Comprehensive Plan, the proposed uses are essential to or will promote public
health, safety, and general welfare, and are in compliance with listed standards and requirements.
Q: How long is the Conditional Use Permit valid?
A: A Conditional Use Permit is valid in accordance with per the terms and conditions of the permit. In most cases, it
is valid as long as the use exists and re‐application is not necessary. However, if the terms and conditions of the
permit are not followed and/or if the property is subject to two or more substantiated civil and/or criminal
complaints, the Board of Zoning Adjustment may revoke the approval.
Q: Is the short term rental Conditional Use Permit transferable?
A: A Conditional Use Permit is valid in accordance with per the terms and conditions of the permit. In most cases, a
permit may be transferred to a successive property owner. However, if warranted, the Board of Zoning
Adjustment may apply conditions or approval related to transferability. A Conditional Use Permit for one
property cannot be transferred to another property.
Q: Are neighbors notified of a short term rental before it begins operation?
A: Neighbors will be notified of a short term rental application requiring a Conditional Use Permit in advance of its
effective start date. If a Conditional Use Permit is not required, neighbors will not be notified of the short term
rental application by Louisville Metro Government. Conditional Use Permit applications require a Neighborhood
4
Meeting in which certain neighbors are notified in advance. Prior to formally filing an application, a letter shall
be sent from the applicant announcing a neighborhood meeting to discuss the proposal. No less than 14
calendar days prior to the meeting. The letter shall be sent to property owners that touch the First and Second
Tier Property Owners. (First Tier Property Owners are those that touch the property in question as well as the
property directly across the street. Second Tier Property Owners are those that touch the First Tier Property
Owners as well as the property directly across the street.) In addition, any person listed in the applicable
Planning and Design Services Electronic Notification for Development Proposals List for the appropriate Council
District will be sent an email notification.
Conditional Use Permit applications require a public hearing in which certain neighbors are notified in advance.
The Board of Zoning Adjustment or Planning Commission shall hold at least one public hearing on each
application. The notice shall be given to First and Second Tier Property Owners and shall be mailed no less than
14 calendar days prior to the hearing. Also, any person listed in the applicable Planning and Design Services
Notification for Development Proposals list for the appropriate Council District will be sent an email notification.
Q: Is a host required to pay transient occupancy taxes?
A: Yes. Any rental of less than 30 consecutive days is subject to Louisville Metro’s transient occupancy tax (10%). A
platform such as Airbnb may remit taxes on behalf of a host; however the responsibility of paying taxes
appropriately and as required by law remains with the host. Please call Louisville Metro’s Revenue Commission
at (502) 574‐4860 for more information concerning taxes.
Q: Will I be required to make improvements to my building to meet building and life safety codes?
A: Whether or not building improvements will be required depends on the condition of the building and its
approved use and occupancy classification. In some instances, property owners will need to make improvements
to the dwelling so that it meets the appropriate use and occupancy classification. Please call Louisville Metro’s
Office of Construction Review at (502) 574‐3321 for more information.
Q: What are the required standards that need to be met for short term rentals?
A: The following standards apply to all short term rentals:
The maximum stay for a guest shall be 29 consecutive days.
The dwelling unit shall be limited to a single short term rental contract at a time.
At no time shall more persons reside in the short term rental than two times the number of bedrooms plus
four individuals. For example 10 people could reside in a 3 bedroom short term rental.
Food and alcoholic beverages shall not be served or otherwise provided by the host to any guest.
Outdoor signage which identifies the short term rental is prohibited.
The short term rental and host shall meet all additional requirements set forth in the Louisville Metro Code
of Ordinances.
The short term rental shall meet the smoke detector requirements set forth in Louisville Metro Code of
Ordinances Section 94.02.
A clearly marked evacuation plan shall be posted on the premises.
The following additional standards apply to the short term rental of a dwelling that is not the primary residence
of the host in a residentially zoned area and in a TNZD district:
The dwelling unit shall be a single‐family residence or duplex. This provision shall not be waived or adjusted.
5
There shall be a sufficient amount of parking available for the host and guests, as determined by the Board
of Zoning Adjustment. The amount and location of parking shall be based on the land uses and density of
the immediate vicinity. Any parking surface that is added to accommodate the short term rental use shall be
removed when the short term rental use is terminated.
If the property is subject to two or more substantiated civil and/or criminal complaints, the Board of Zoning
Adjustment may revoke the approval pursuant to Land Development Code Section 11.5A.6.
The following additional standards apply to the short term rental of a dwelling that is the primary residence of
the host in a residentially zoned area and of any dwelling in a commercially zoned area:
Dwelling unit shall be a single‐family residence or duplex unless the dwelling unit is located on property
zoned C‐R, C‐N, C‐1, C‐2 or C‐3 and the property meets the following criteria: 1) The property is within 200’
of a TARC route 2) The property is within .75 miles of a public park 3) The property is within one mile of a
National Register District or Local Preservation District. This provision shall not be waived or adjusted.
There shall be a sufficient amount of parking available for the host and guests, as determined by the
Director of the Office of Planning & Design Services. The amount and location of parking shall be based on
the land uses and density of the immediate vicinity. In the event that a complaint(s) is filed concerning the
lack of adequate parking, the Planning Director may require that the host submit a parking study to Planning
& Design Services. If the parking study concludes that there is inadequate parking available to the host and
guests, the host shall either a) increase the amount of parking or b) discontinue the short term rental use.
In order to maintain a registry of short term rentals, the host of the short term rental shall submit a notice of
intent to commence a short term rental to the Office of Planning & Design Services in a form prescribed by
the Planning Director. This form may be an online form that does not require the host to visit the office.
If the property is subject to two or more substantiated civil and/or criminal complaints, the Planning
Director may revoke the approval.
Q: What constitutes primary residence?
A: Your primary residence is the address provided on your driver’s license or other state‐issued identification card.
Residency is established pursuant to Kentucky Revised Statutes. If the address on your driver’s license or other
state‐issued identification card is incorrect, please contact the issuing agency to amend.
Q: I am a tenant, not the property owner. Can I use my dwelling as a short term rental?
A: The host is not required to be the property owner. The Department of Develop Louisville strongly recommends
that you review your lease and/or contact your lessor before submitting any form or application. A registration
or conditional use permit does not override any agreement or regulation that prohibits subletting or use of a
dwelling as a short term rental including but not limited to lease agreements, homeowner’s association bylaws,
condominium bylaws, covenants or deed restrictions.
Q: I am in a homeowners association or a condominium that prohibits short term rentals. Can I use my dwelling
as a short term rental if registered with Louisville Metro?
A: No. A registration or conditional use permit does not override any lease agreements, homeowner’s association
bylaws, covenants, deed restrictions, or any other agreement, law or regulations that prohibit subletting or use
of your dwelling as a short term rental. The Department of Develop Louisville strongly recommends that you
review your homeowner’s association documents and/or contact your homeowner’s association before
submitting any form or application. Develop Louisville does not review homeowner’s association bylaws and
6
rules for compliance or enforce such. If instituted properly, homeowner or condominium association rules can
be more limiting than Louisville Metro Government regulations.
Q: Is a host allowed to serve food and beverages to guests?
A: No. If a host is interested in providing food and/or beverages to guests, the development must be approved as a
hotel, bed and breakfast inn or similar establishment that allows such.
Q: What if I operate a short term rental that is not registered and/or properly permitted?
A: Failure to register is equivalent to operating without a permit and will result in enforcement action. Any person
who violates any provision shall receive a notice of violation as a warning for a first offense. A second offense
will be subject to a civil penalty of not less than $100 and no more than $500. A third offense will be subject to a
civil penalty of not less than $500 and no more than $1,000. Each day that a violation continues after notice has
been served shall be deemed a separate offense.
Q: Who can I contact to answer a question not in this FAQ?
A: For questions concerning planning and zoning requirements, such as those pertaining to the registration and
conditional use permit processes, please contact Louisville Metro’s Office of Planning & Design Services at (502)
574‐6230.
For questions about tax requirements, please contact Louisville Metro’s Revenue Commission at (502) 574‐4860.
For questions concerning building permit requirements, such as those pertaining to building and life safety
codes, please contact Louisville Metro’s Office of Construction Review at (502) 574‐3321.
To report an unlawful short term rental or any other violation, please use the MetroCall 311 system.
https://louisvilleky.gov/government/metrocall‐311