Short Term Rental Supplemental Regulations

The following supplemental regulations apply to all short term rentals:

1. No person shall rent, lease or otherwise exchange for compensation all or any portion of a dwelling unit as a short term rental, as defined by this Code, without first obtaining a license from the County’s Business License Division of the Department of Planning & Sustainability and complying with the regulations contained in this section.

2. No license issued under this section may be transferred or assigned or used by any person other than the one to whom it is issued, or at any location other than the one for which it is issued.

3. Applicants shall submit an application for a short term rental license to the County’s Business License Division on an annual basis. Application fees shall be established by the department. Such application shall include:

1. Name, address, telephone number and email address of the owner(s) of record of the dwelling unit for which a license is sought;
2. Address of the dwelling unit to be used as a short term rental;
3. Name, address, telephone number and email address of the short term rental Agent, as defined in chapter 24, article 9 of this Code, which shall constitute his or her 24-hour contact information. An owner may serve as the rental Agent and is responsible for notifying the department of a change to the rental Agent and/or any such contact information within five

(5) business days of said change;

1. Owner’s sworn acknowledgement that he or she has received a copy of this section, reviewed it and understands such requirements;
2. The number and location of parking spaces allotted to the premises;
3. Owner’s agreement to use his or her best efforts to assure use of the premises by occupants will neither disrupt the neighborhood nor interfere with the rights of neighboring property owners to the quiet enjoyment of their properties; and
4. Any other information the County’s Business License Division of the Department of Planning & Sustainability deems necessary to achieve the objectives of this section.

4. The director of the Department of Planning & Sustainability is hereby authorized to deny an application, or a renewal thereof, for a short term rental license pursuant to section 15-45 of this Code. Furthermore, the director is authorized to suspend or revoke a short term rental license upon a determination that one or more of the

following conditions has occurred:

1. The applicant or license holder has provided false or misleading information in connection with the application or operation of a short term rental;
2. The operation of the short term rental constitutes a threat to public health, safety, or welfare;
3. The applicant or license holder has been convicted of a felony, where such conviction is reasonably related to the operation or oversight of the short term rental;
4. The short term rental has three (3) or more documented violations that resulted in the issuance of citations;
5. Any condition set forth in Section 15-45 of this code has been met.

5. Any owner who is adversely affected or aggrieved by a final decision of the director shall have the right to appeal such denial, suspension, or revocation to the hearing officer pursuant to the procedures outlined in section 15-46 of this Code. An appeal shall be based on a claim that the director’s decision was based on an erroneous finding of a material fact or an incorrect application of this Code or other applicable laws and regulations.

6. For purposes of historic preservation, a short term rental license will not be approved for any dwelling unit located in the locally designated historic districts of the county.

7. Owners and/or short term rental agents are prohibited from advertising, marketing, and/or promoting the use of his or her short term rental for a special event (i.e., party, concert, reunion, banquet, wedding, reception, or any similar activities). Failure to comply can result in suspension or revocation of the license.

8. All short term rentals shall be subject to an excise tax pursuant to chapter 24 of this Code.

9. All short term rentals shall be subject to nuisance and noise regulations pursuant to chapter 16 of this Code and the chronic nuisance property ordinance pursuant to Chapter 27 of this Code.

10. A short-term rental shall not be used, operated, or advertised as a party house or for the use of residential entertainment pursuant to Sec.9.1.3.

11. Nothing in this section shall be construed to override or supersede any private covenants, deed restrictions, or homeowner’s association (HOA) regulations that prohibit or restrict short term rentals. Property owners shall remain responsible for complying with all applicable private restrictions.