HomeMy WebLinkAbout06-22-17 Public Comment - S. Candler - Short Term Rentals City Commission
June 22, 2017
4. The short term rental of sleeping rooms in an owner-occupied dwelling unit while the owner is
present on the property, and rental of an owner-occupied dwelling unit for part of the year are
primarily residential uses.
5. The short term rental of a dwelling unit by an owner who does not occupy the home as their
primary residence is not a primarily residential use.
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D. Short term rental classifications.
Short terms rentals are classified as:
a. Type-1: The short term rental of one or more bedrooms in an owner-occupied dwelling while
the owner is occupying the same dwelling unit for the entire rental period.
b. Type-2: (1) The short term rental of an owner-occupied dwelling if the owner is not
occupying the dwelling during the entire rental period. (2) The rental of a permitted accessory
dwelling unit(ADU)whether or not the ADU's owner is present in the primary dwelling unit
during the rental period. (3) The rental of one dwelling unit within a duplex whether or not the
duplex's owner is present in the duplex's other dwelling unit during the rental period.
c. Type-3: A short term rental that is not owner-occupied.
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H. Registration. The following requirements apply to all short term rentals unless otherwise
noted.
1. General. It is unlawful for any person to operate within the city a short term rental without
having first registered the short term rental dwelling unit with the Department of Community
Development. A separate registration shall be required for each short term rental dwelling unit.
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I. Short term rental standards. The following requirements apply only to Type-2 and Type3 short
term rentals unless otherwise noted.
1. Short term rental agreement; written rules for guests. The short term rental owner must enter
into a written rental agreement with the guest for each stay in the short term rental.
a. The guest must be provided with a written list of rules applicable to the short term rental with
the rental agreement, and the rental agreement must include a written acknowledgement by the
renters of their agreement to comply with such rules. b. The list of rules must include those
i
rules required by this article to be included. c. The list of rules must be prominently displayed
within the short term rental.
2. Responsible person. The applicant must designate a person responsible for addressing all
maintenance,nuisance, and safety concerns related to a short term rental. The responsible
person must be available to take and respond to reports of concerns and complaints 24 hours per
day, 7 days per week during the registration term. The name and contact information for the
responsible person must be included in the list of rules.
If these requirements stay in the ordinance, then long term rentals must have the same rules
applied; otherwise it's our opinion that this is a violation of Article 14 of the US Constitution;
equal protection for all classes. The ordinance singles out short term rentals from all other
rentals in this requirement. The United States Supreme Court weighed in with Village of
Willowbrook v. Olech, 120 S.Ct. 1073 (2000). In Olech, the Court, in a per curiam opinion,
concluded that a landowner could assert a valid equal protection claim by demonstrating that the
plaintiff had become a"class of one."
6. Signage. Exterior signs identifying the unit as a short term rental are prohibited on short term
rentals. During a rental period,there must be a sign posted inside the front door of the short term
rental showing the locations of all fire extinguishers in the unit,the gas shut-off valve, and fire
exits.
If these requirements stay in the ordinance, then long term rentals must have the same rules
applied; otherwise it's our opinion that this is a violation of Article 14 of the US Constitution;
equal protection for all classes. Long term rentals get to advertise vacancies.