The Governing Body of the City of Elephant Butte finds and declares as follows:

   (A)   Short-term residential rentals provide a community benefit by expanding the number and type of lodging facilities available to seasonal visitors.

   (B)   Short-term residential rentals are not commercial but are strictly a residential use of the property.

   (C)   The provisions of this section are necessary to prevent a burden on city services and impacts on residential neighborhoods posed by short-term residential rentals.

(Ord. 202, passed 4-20-2022)

   This overlay zone applies to all non-commercial residential property within the city regardless of the zoning district. The requirements of this subchapter shall apply to dwelling units that are rented at some time during the year for a short duration that are not part of a commercial business enterprise such as a hotel, motel or commercial cabin rental located on a single lot or a group of contiguous lots within a commercial zoning district. These requirements do apply to individual dwelling units on non-contiguous property owned and operated by a hotel, motel or commercial cabin rental owner.

(Ord. 202, passed 4-20-2022)

   For purposes of this subchapter, the following words and phrases shall have the meaning respectively ascribed to them by this section:

(Ord. 202, passed 4-20-2022)

   (A)   Nothing contained within this section shall be construed to abridge the ability of bona fide neighborhood covenants and/or deed restrictions to be more restrictive than the regulations within this section. Such covenants and deed restrictions shall not be enforceable by the city but remain the responsibility of property owners to ensure compliance within the applicable neighborhood.

   (B)   Subject to the permit requirement above, nothing herein shall prohibit an owner from renting out multiple residential dwelling units upon a single lot, so long as the number and type of dwelling units are consistent with the base residential zoning applicable to the lot.

(Ord. 202, passed 4-20-2022)

   The dwelling unit owner or managing agency shall apply to the city for a short-term residential rental permit and supply, at a minimum, the following information:

   (A)   The physical address of the residential dwelling unit for which the permit is to be issued.

      (1)   If the dwelling unit is one of multiple units upon a single lot, the applicant must identify the sub-unit by which the dwelling unit can be distinguished from those on the same lot (e.g., “1000 Easy St. A”). If the sub-unit has not yet received a designation from the city, the applicant should contact the City Land Use Office to obtain an official sub-unit designation.

   (B)   The maximum number of occupants and vehicles that the dwelling unit can accommodate.

      (1)   The parking calculation shall be based upon a minimum of one off-street parking space provided per sleeping unit.

      (2)   The maximum number of occupants per dwelling unit shall be calculated as follows:

         (a)   Four individuals are permitted per sleeping unit of 100 square feet or more. For sleeping units of less than 100 square feet, a maximum of two individuals are permitted. Example: A dwelling unit with two sleeping units of less than 100 square feet and one sleeping unit of over 100 square feet would have a maximum occupancy of eight individuals.

   (C)   The name, address, email address and contact telephone numbers (including a 24-hour emergency contact number) of the owner of the residential rental for which the permit is to be issued.

   (D)   The name, address, email address and contact telephone numbers (including a 24-hour emergency contact number) of the agent, representative or local contact person for the owner of the residential rental.

   (E)   An application fee of $50 per year.

   (F)   Compliance inspections are required on all short-term permits. The inspections are valid for biennial (every two years), and the fee is $40.

      (1)   Compliance inspections will be conducted by the City Land Use Office or its designees following submission of a permit application and prior to the issuance of a permit if there is not a current inspection for the property on file.

      (2)   If the property is not in conformance with the compliance requirements at the time of the inspection, staff will notify the applicant, and a reinspection fee may be assessed of $40 if the inspector is required to return.

      (3)   The compliance inspection shall meet the following requirements:

         (a)   An ABC-type fire extinguisher(s) to be mounted at points of egress, with at least one provided per floor and a minimum of one per dwelling unit with at least two per dwelling unit if greater than 1,000 square feet, at a height not to exceed 48 inches. Extinguishers must be inspected and maintained according to state requirements and must properly display the inspection history of the device.

         (b)   Approved (and working) smoke alarms installed as per manufacturer's instructions in every sleeping room, and on every level of the home, including the basement and as otherwise required by law.

         (c)   Every sleeping room and living area with access to a primary means of escape shall provide a clear, unobstructed path of travel to the outside.

         (d)   Indoor fireplaces shall be properly maintained and inspected by a qualified person as necessary.

         (e)   Signage reflecting the street number and, where applicable, the sub-unit of the dwelling unit as required by § 150.04 of the Elephant Butte Municipal Code.

   (G)   Owner/agent authorization.

   (H)   Business registrations and taxes.

      (1)   Business registrations are $35 and are required for anyone conducting business within the City of Elephant Butte. See Elephant Butte Municipal Code §§ 110.01 through 110.99.

      (2)   The short-term rental of residential property shall not be considered a home occupation under the Elephant Butte Municipal Code, and no home occupation permit will be required.

      (3)   If an owner rents, lists, or books their property with a managing agency, a business registration is not required.

      (4)   If a property owner rents, lists, or books their property without a managing agency, a business registration is required pursuant to § 110.01.

   (I)   Notification to adjacent property owners shall be required for all short-term rental permits.

      (1)   The notification fee is $25. The City of Elephant Butte staff will notify all property owners within 200 feet of the permitted property, notifying the intent to use their home as a short-term rental and the name and number of the local contact person.

      (2)   The managing agent may opt-out to perform this task by certifying compliance with the notifications. If the managing agent opts out to perform this task, the $25 fee will not be charged.

   (J)   The owner or managing agent/agency shall attest that they have met these requirements in each property registered as part of the initial rental registration and each successive renewal registration. The form utilized to attest to these requirements shall be part of the registration form provided by the city and be authenticated by a notary public.

(Ord. 202, passed 4-20-2022)

      (1)   The City Land Use Office shall complete a review of the permit application and, when necessary, will conduct the compliance inspection within ten business days of submission of a completed application. Renewal notifications of all permits shall occur 30 days prior to renewal.

      (2)   Once the application review and compliance inspection are complete, the city shall notify the applicant of the decision of whether or not to issue the permit based on compliance with this subchapter. If approval is granted, the city will issue a short-term residential rental permit specifying the maximum number of cars and the maximum number of occupants allowed. Failure to apply for a renewal of the permit prior to its expiration shall subject the owner to pay a late permit renewal penalty fee of $10.

   (C)   An application for permit or renewal application shall be denied if:

      (1)   All applicable fees and taxes have not been paid, including lodgers' taxes as provided under §§ 31.60 through 31.69 of the Elephant Butte Municipal Code; or

      (2)   Outstanding property nuisance or building code violations exist on the property.

   (D)   The City of Elephant Butte recommends that all property owners purchase short- term rental insurance.

   (E)   Failure to comply with any provision of Chapter 31 of the Elephant Butte Municipal Code (Taxation) may result in a revocation of the permit for a 12-month time period at the discretion of the City Manager or their designee.

   (F)   If the dwelling unit owner plans to discontinue short-term residential rental of the property, a statement to that effect shall be filed with the city, and the permit will be revoked.

(Ord. 202, passed 4-20-2022)

   Each short-term residential rental unit shall have a clearly visible and legible notice posted by the owner or managing agency or agent within the unit on or adjacent to the interior of the front door containing the following information:

   (A)   A copy of the short-term residential rental permit.

   (B)   The name of the managing agency, agent, property manager, local contact person or owner of the unit, and a telephone number at which that party can be reached on a 24-hour, seven days a week basis.

   (C)   The maximum number of occupants, three years of age and older, permitted to stay in the unit.

   (D)   The maximum number of vehicles allowed to be parked on the property.

   (E)   The number of on-site parking spaces.

   (F)   The specific procedures regarding the disposal of trash and refuse.

   (G)   A notification that an occupant may be cited and fined for creating a disturbance and/or for violating other provisions of the City of Elephant Butte Municipal Code.

   (H)   Notice that noise provisions contained in Chapter 135 of this code will be enforced.

   (I)   The address of the property for emergency purposes.

   (J)   Notice that animal leash laws contained in § 91.29 (restraining animals) will be enforced.

(Ord. 202, passed 4-20-2022)

   All exterior signage on short-term rentals must comply with the Sign Ordinance of the City of Elephant Butte, codified at Chapter 152.

(Ord. 202, passed 4-20-2022)

   (A)   Each day that an owner rents a dwelling unit for a short term without first obtaining a short-term residential rental permit is considered a separate violation of this subchapter and is subject to the penalties found in § 10.99(A).

   (B)   The City Land Use Office or its designees shall take action to correct violations of this subchapter.

   (C)   The first suspected or observed violation of this section by the city may result in an initial warning notice requesting registration of the unregistered short-term residential rental unit in accordance with the provisions of this code without subject to penalty. Should the property owner fail to comply after receiving such initial notice from the city, the city may commence legal proceedings in Magistrate Court for the violation(s) of this subchapter.

(Ord. 202, passed 4-20-2022)

   (A)   Short-term residential rental applicants aggrieved by the denial, non-renewal, or revocation of a short-term residential rental permit may appeal the decision of the City Land Use Office to the Planning and Zoning Commission.

      (1)   The aggrieved applicant must appeal the City Land Use Office's decision within 15 calendar days of receiving it by submitting a notice of appeal to the City Clerk. The notice of appeal must specify the Land Use Office's action(s) to which the applicant is appealing and why the applicant believes the action(s) should be reversed.

      (2)   The City Clerk shall place the appeal hearing on the agenda for the Planning and Zoning Commission's next regular meeting, consistent with the Open Meeting Act. The City Clerk shall also mail notice of the appeal hearing's date, time, and place to the applicant.

      (3)   Prior to the appeal hearing, the City Clerk shall transmit the notice of appeal and all documents constituting the record relating to the action(s) being appealed to the Planning and Zoning Commission for review.

      (4)   The Planning and Zoning Commission may reverse or affirm the action(s) of the City Land Use Office. The Planning and Zoning Commission may only reverse the actions of the City Land Use Office if they were: (1) arbitrary, capricious, or fraudulent; (2) unsupported by substantial evidence; (3) outside the scope of the Land Use Office's authority; or (4) otherwise unsupported by law.

      (5)   The Planning and Zoning Commission shall provide the applicant with a written copy of its findings and decision.

   (B)   Applicants aggrieved by the decision of the Planning and Zoning Commission may appeal to the City Council following the procedure under § 155.007.

(Ord. 202, passed 4-20-2022)

   The city hereby provides the following grace periods for short-term residential rental owners to obtain their permits:

   (A)   All owners of short-term residential rentals shall have 30 days from the effective date of this subchapter to obtain a permit before the provisions of this subchapter will be enforced against them.

   (B)   Short-term residential rental owners who must renew their permits shall have a grace period of ten business days from the expiration date of their permit to obtain a new permit before the provisions of this subchapter will be enforced against them, with the exception of the late permit renewal penalty fee.

(Ord. 202, passed 4-20-2022)