Inyo County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 18
73 SHORT-TERM RENTAL OF RESIDENTIAL PROPERTY
§ 18.73.010 Definitions.
For purposes of this chapter, the following definitions apply:
means a person or persons designated by the owner to represent them as a 'host' during the duration of the transient renter(s) stay.
means any bedroom or other separate area of a dwelling unit utilized as a sleeping area for short-term renters.
means a short-term rental of a room(s) within a dwelling where the owner or a designated representative of the owner resides on the parcel where the rental occurs, during the duration of the transient renter(s) stay.
means a record owner of the property who is responsible for submitting the application for approval and conducting hosted short-term rental activities pursuant to this chapter. "Owner" shall further include any person or entity with any direct or indirect ownership interest in the subject property, unless the interest is solely a security, lien, or encumbrance.
means to provide transient lodging in a dwelling unit, for compensation, for a period of 30 consecutive calendar days or less. "Short-term rental" does not include transient lodging in county-approved hotels and motels.
(Ord. 1224 § 1, 2018; Ord. 1251 § 1, 2020)
§ 18.73.020 Short-term rentals prohibited.
The short-term rental of residential property is a prohibited use in every zoning district in the county, with the exception of those permitted pursuant to this chapter. A violation of this chapter is a misdemeanor.
(Ord. 1224 § 1, 2018; Ord. 1251 § 2, 2020)
§ 18.73.030 General requirements.
Short-term rentals may be permitted on properties zoned open space (OS); rural residential (RR); rural residential Starlite; one-family residential (R-1); and multiple residential two units (R-2) subject to the following requirements and limitations.
A.
Limitation on the Number of Short-Term Rental Permits Issued.
1.
The number of annual short-term rental permits issued by the county under this chapter shall be limited by a number derived of three percent of available dwelling units per area, except as provided for below, as follows:
a.
Area 1 - North County shall be comprised of: All of T6S., R31E., T6S., R32E., & R33E., M.D.B.M. Except Sections 31, 32, 33, 34, 35, 36 in T6S., R31E., T6S., R32E., R33E., M.D.B.M. Also except Sections 1, 12, 13, 24 & 25 in T6S., R33E., M.D.B.M.
Five permits.
b.
Area 2 - Dixon, Meadow Creek, Early Pond, Brockman shall be comprised of: Sections 35 & 36 in T.6S., R32E., M.D.B.M. The northwest quarter of Section 2, and Lot 2 of the northwest quarter of the northeast quarter of Section 2, T.7S. R32E., M.D.B.M. Including the north half of the northeast quarter of the northwest quarter of Section 1, T7S., R32E., M.D.B.M.
18 permits.
c.
Area 3 - McLaren_Milovich_Desiderata shall be comprised of: The southeast quarter of Section 3, T7S., R32E., M.D.B.M. including the east half of the southwest quarter of Section 3, T7S., R32E., M.D.B.M. The south half of Section 2 excluding the area east of Brockman Lane and south of West Line Street, T7S., R32E., M.D.B.M.
Eight permits.
d.
Area 4 - South of Line Street_Poleta shall be comprised of: The north half including the north half of the south half of Sections 7, 8 & 9, T7S., R33E., M.D.B.M. The north half including the north half of the south half of Sections 8, 9, 10, 11 & 12, T7S., R32E., M.D.B.M. Except for the southeast quarter of Section 11, and the southwest quarter of Section 12, T7S., R32E., M.D.B.M.
11 permits.
e.
Area 5 - Sunrise_Sunset shall be comprised of: The southeast quarter of Section 11, and the southwest quarter of Section 12, T7S., R32E., M.D.B.M.
15 permits.
f.
Area 6 - Starlite shall be comprised of: The south half of Section 23, including the south half of the north half of Section 23, T7S., R31E., M.D.B.M.
Two permits.
g.
Area 7 - Wilkerson_Bisop Creek_ Chipmonk_ Rossi Hill shall be comprised of: The south half of the south half, Sections 19, 20, 21, 22, 23 & 24, T7S., R32E., M.D.B.M. The south half of the south half, Sections 19 & 20, T7S., R33E., M.D.B.M. The north half of Sections 25, 26, 27, 28, 29 & 30, T7S., R32E., M.D.B.M. Sections 29 & 32, the east half of Section 31, and Section 30 excluding the southwest quarter, T7S., R33E., M.D.B.M. Section 5, the east half of Section 6, the northeast quarter of Section 7 & the north half of Section 8, T8S., R33E., M.D.B.M.
Eight permits.
h.
Area 8 - Aspendell_Mountain View shall be comprised of: Sections 20, 21, 22, 27, 28 & 29 of T8S., R31E., M.D.B.M.
Five permits.
i.
Area 9 - Big Pine_Glacier_Birch Creek shall be comprised of: Sections 8 through 17, 20 through 29, 32 through 36 in T9S., R33E., M.D.B.M. Sections 7 through 10, 15 through 22, 27 through 34 in T9S., R34E., M.D.B.M. Sections 1, 2 & 3, 10 through 15, 22 through 27 in T10S., R33E., M.D.B.M. Sections 3 through 10, 15 through 22, 27 through 30, T10S., R34E., M.D.B.M.
18 permits.
j.
Area 10 - Independence_Oak Creek shall be comprised of: Sections 7 & 18, T13S., R35E., M.D.B.M. West half of Sections 8 & 17, T13S., R35E., M.D.B.M. The south half of Section 6, and the south half of the west half of Section 5, T13S., R35E., M.D.B.M. The south half of Section 1, and the east half of the east half of the south half of Section 2, T13S., R34E., M.D.B.M.
Nine permits.
k.
Area 11 - Lone Pine_Alabama Hills_Pangborn_Granite View shall be comprised of: Sections 21 through 28, 33 through 36 of T15S., R35E., M.D.B.M. excluding the north half of the north half of Sections 21 through 24, T15S., R35E., M.D.B.M. Sections 19 through 22, 27 through 34 of T15S., R36E, M.D.B.M. excluding the north half of the north half of Sections 19 through 22, T15S., R36E., M.D.B.M. Sections 1 through 4 & Sections 9 through 16 of T16S., R35E., M.D.B.M. Sections 3 through 10 & Sections 15 through 18 of T16S., R36E., M.D.B.M.
21 permits.
l.
Area 12 - South_South East County shall be comprised of: All of the area within the County of Inyo south of the described line: Beginning at a point on the county boundary along the north line of Section 26, T16S., R34E., M.D.B.M. Thence east to the northeast corner of Section 27, T16S., R36E., M.D.B.M. Thence north to the northwest corner of Section 14, T16S., R36E., M.D.B.M. Thence east to the northeast corner of Section 13, T16S., R36E., M.D.B.M. Thence north to the northwest corner of Section 6, T16S., R37E., M.D.B.M. Thence east to the northeast corner of T16S., R37E., M.D.B.M. Thence north to the northwest corner of T16S., R38E., M.D.B.M. Thence east to the northeast corner of T16S., R41E., M.D.B.M. Thence south to the northwest corner of T16S., R42E., M.D.B.M. Thence east to the northeast corner of R16S., R43E., M.D.B.M. Thence north to the northwest corner of T16S., R44E., M.D.B.M. Thence east to the northeast corner of Section 1, T16S., R46E., M.D.B.M. Thence south to the northwest corner of Section 6, T28N., R1E., S.B.B.M. Thence east to the county boundary in the northeast corner of T28N., R3E., S.B.B.M.
29 permits.
2.
The Inyo County board of supervisors, in its discretion, may at any time, determine by resolution, that the number of short-term permits allowed within each area set forth above should stay the same, be reduced, or be expanded in order to protect neighborhood character and reduce adverse impacts or to provide economic benefit. Short-term rental permits shall be issued on a first-come, first-served basis within the established limits outlined in subsection A above.
3.
This section is only intended to create a maximum number of short-term rental permits that may be issued within the county. Nothing in this chapter creates a mandate that the county must issue any or all of the permits allowed under this chapter if it is determined that it is in the best interest of the county to issue less than the maximum number, or if the owners or the property do not meet the standards which are established in the application requirements.
4.
An annual review of permits will be conducted by the planning department to determine if the permits are being used. This will be a review of transient occupancy tax (TOT) payments as provided by the county treasurer tax collector. If a short-term rental permit holder has not paid TOT for a full year, the permit will be considered an unused permit and the permit will automatically be revoked upon a mailed notice from the planning department.
B.
No person shall undertake, maintain, authorize, aide, facilitate, or advertise any short-term rental activity that does not comply with the provisions of this code.
C.
All short-term rentals shall be hosted rentals.
D.
Each short-term rental shall have an owner or designated representative readily available to handle any questions or complaints during all short-term rental activities. Any change to the contact information for the owner or owner's designated representative shall immediately be provided in writing to the Inyo County planning department, to neighboring properties within 300 feet of the short-term vacation rental, and on any postings required by this chapter.
E.
Only two hosted rentals per parcel may be permitted, except in the R-2 zone, where only one hosted rental per parcel may be permitted, and any such short-term rental in an R-2 zone shall only be permitted in a dwelling unit that is concurrently occupied by a primary resident(s).
F.
An owner shall only be eligible to maintain a permit(s) for short-term rentals on a maximum of one parcel of land.
G.
No more than five guestrooms per dwelling unit may be permitted for short-term rental activity.
H.
Issuance of a hosted short-term rental permit, pursuant to this chapter, is separately required for each dwelling unit in which a short-term rental will occur. Failure to obtain a hosted short-term rental permit prior to renting a residentially zoned property for 30 days or less shall be considered a violation of this chapter and subject to legal action and/or enforcement proceedings, including, but not limited to, an administrative penalty of no less than the dollar amount of the nightly rental rate of the property for each day the short-term rental is advertised and/or operated in violation of this chapter, or as permitted by Section 1.20.010 of this code, whichever is more, to the maximum extent allowed by the law.
I.
Short-term rentals shall not be permitted in dwelling units that are not compliant with applicable building and safety and/or environmental health requirements, or in non-habitable structures, tents, travel trailers, RVs, treehouses, yurts, or other provisions or structures not intended for primary occupancy.
J.
Only two renters are allowed per guestroom. This number does not include children three years and under.
K.
A maximum of one vehicle per guestroom shall be allowed, and the owner shall provide off-street parking for all such allowed vehicles, that the renter(s) shall utilize. The owner shall ensure that the parking limitations are included in short-term rental agreements and in all related advertisements.
L.
Outdoor amplified sound is prohibited.
M.
Quiet hours shall be from 9:00 p.m. to 7:00 a.m. The host shall ensure that the quiet hours are included in rental agreements and in all advertisements.
N.
Pets, if allowed by owner, shall be secured on the property at all times. Continual barking or other nuisances created by unattended pets are prohibited.
O.
Trash bins and recycling storage containers shall be required for all permitted short-term rentals and such bins and containers shall not be stored within public view.
P.
Outdoor fires are prohibited anywhere on the property during short-term rental stays with the exception of gas fire stoves and barbeques that have an on/off switch that is capable of immediately extinguishing the flame when turned to the "off" position.
Q.
Short-term rental activity is subject to, and the owner shall comply with, Inyo County Code Chapter 3.20, Transient Occupancy Tax. The owner shall include the transient occupancy tax registration certificate number on all short-term rental agreements, and in any related advertisements.
R.
An address sign compliant with Chapter 18.75, the county's sign ordinance, with a clearly legible, from the street, address number shall be included on each short-term rental.
S.
Any short-term rental permit issued pursuant to Ordinance No. 1304 is a three-year permit.
T.
A property owner shall notify the planning department at the time of sale of any property that has an associated short-term rental permit.
U.
Owners shall maintain insurance applicable to short-term rental activities on the dwelling in which short-term rentals are permitted.
(Ord. 1224 § 1, 2018; Ord. 1251 § 3, 2020; Ord. 1290 § 20, 2022; Ord. 1304, 4/2/2024)
§ 18.73.040 Permit application.
In order to obtain a permit authorizing short-term rentals under this chapter, the owner shall submit an application and any applicable fee for a permit to the planning director.
A.
The application shall include:
1.
Proof of ownership of the subject property;
2.
Name, address, and contact information of the owner;
3.
Name, address, and contact information of all other record owners of the subject property;
4.
Name, address and contact information for the owner's local emergency contact representative in the event the owner is the manager and is unable to be contacted;
5.
A site plan prepared on an eight and one-half-inch by 11-inch piece of paper showing that the required off-street parking spaces are provided, and the emergency access to the dwelling unit(s);
6.
Proof that transient occupancy registration certificate for the subject property has been applied for and/or received;
7.
A copy of the rules, regulations, and information that will be posted in a prominent place within six feet of the front door of the short-term rental;
8.
A verified list of the names and addresses of the owners of all property within 300 feet of the exterior boundaries of the property proposed for the short-term rental as shown on the last adopted tax role of the county;
9.
A deposit for the cost of the county mailing notice of permit applications received and granted to property owners and neighbors of proposed and approved short-term rentals within 300 feet of the subject property;
10.
A planning department issued neighborhood acknowledgement form signed by each resident within three hundred feet of the proposed hosted rental. If the applicant is unable to obtain the required signatures, the applicant shall provide proof of his or her reasonable attempts to gather those signatures. The applicant shall also include and share a copy of the short-term rental rules with each resident contacted;
11.
Proof of insurance applicable to short-term rental activities on the dwelling in which short-term rentals are permitted.
B.
Incomplete applications shall be returned to the applicant with an explanation of what is required to make the application complete.
(Ord. 1224 § 1, 2018; Ord. 1251 § 4, 2020; Ord. 1304, 4/2/2024)
§ 18.73.050 Hosted rental permit review process.
A.
The planning director shall review completed applications for hosted short-term rentals. The planning director shall not approve the application absent a finding that the use will comply with the requirements of this code and other applicable law. Approval of an application for a hosted rental shall be subject to the general requirements of Chapter 18.81 of this code.
B.
As part of the hosted rental application review, the planning director shall consider any relevant comments received from neighboring residents and/or owners regarding the application. The planning director may add reasonable conditions to a hosted rental permit in order to prevent impacts of the short-term rental activities from being a nuisance to the surrounding properties, including, but not limited to, conditions related to specific parking requirements, noise reduction measures, garbage collection, and related property maintenance issues.
(Ord. 1224 § 1, 2018)
§ 18.73.060 Renewal process.
A.
Short-term rental permits issued pursuant to Ordinance No. 1304 are three-year permits, subject to, but not guaranteed, a renewal(s). Except for those permits revoked in accordance with other provisions of this chapter, short-term rental permits shall automatically expire three years after their issuance, plus the time to conduct a renewal review and approval. The renewal review period shall begin in the month of June during the third year of the permit term. A short-term rental permit may be renewed in accordance with this section.
B.
An application for renewal of a short-term rental permit shall be filed with the planning director in the manner prescribed by the director, in the month of June during the third year of the short-term rental permit term, along with any applicable renewal fee. If any of the documentation and information supplied by the property owner pursuant to Section 18.73.040 has changed since the issuance of the first permit, the owner shall submit updated information and documentation with the application for renewal and shall provide any other information the planning director may require. If the owner fails to timely submit the renewal application, any additional information and all associated fees, the short-term rental permit may not be timely renewed, and operations shall be suspended unless/until the renewal is approved.
C.
If the renewal application is incomplete, or if the planning director determines that additional information is required, the director will send notice to the owner in accordance with Section 18.73.040(B) listing the items or information to be provided. The owner shall have 15 business days from the postmark or, if the applicant consents to email notice, email date of the notice to submit the listed items. If the owner fails to timely provide the items or information listed in a notice, then the renewal application will be denied as incomplete.
D.
Upon the time filing of a renewal application and of any missing or supplemental information under subsection C above, the short-term rentals under the existing permit may continue operating until the director has made a final determination on the application, unless the permit is otherwise revoked or suspended pursuant to this chapter.
E.
A permit shall be renewed by the director upon determination that the short-term rental meets the standards for grant of the application under Sections 18.73.030 and 18.73.040 and none of the conditions for denial set forth below are present:
1.
Grounds for Denial.
a.
The maximum number of short-term rental permits allowed pursuant to Section 18.73.030(A) has been reached at the time the application has been deemed complete by the planning director. This includes a maximum number that has been adjusted by the board during the term of the short-term rental permit.
b.
Any of the circumstances outlined in Section 18.73.070(A)(3)(g).
c.
The short-term rental has had more than three verifiable violation complaints.
d.
The building or property where the short-term rental is located has active violations to any state or county code.
F.
The planning director shall specify in writing the reason(s) for any denial of the renewal and shall send the written decision to the permittee in accordance with Section 18.73.040(B) with an explanation that the decision shall become final in 10 calendar days of the postmark or, if the applicant consents to email notice, email date of the decision. unless the owner submits a completed appeal form to the department requesting a hearing, within 10 calendar days of the postmarked or emailed decision.
(Ord. 1304, 4/2/2024)
§ 18.73.070 Permit modification and revocation.
A.
The planning director may initiate proceedings to revoke or modify a short-term rental permit as follows:
1.
Basis for Initiation. The planning director shall have the sole authority to determine if the violation(s) or complaint(s) stemming from a short-term rental are severe enough to merit the initiation of modification or revocation proceedings. There is no minimum number of complaints or violations that must occur before the planning director may begin modification or revocation proceedings. A single violation or complaint, if deemed to be serious enough, may be the basis for modification or revocation proceedings.
2.
Notice and Hearing. Upon determination by the planning director to begin proceedings under this section, the planning director shall schedule a hearing before the planning commission. A notice of the hearing shall be mailed via first class U.S. mail to the owner at the address provided in the short-term rental application. The notice shall specify the reason(s) for the modification or revocation and the term(s) of the short-term rental permit that the operator has violated. The notice shall also designate a time and place for the hearing before the planning commission. The hearing shall occur no sooner than 15 and no later than 45 calendar days following the mailing date of the notice. Parties may, at their election, consent in writing to receipt of documents via email.
3.
Conduct of Hearing.
a.
Both parties shall be provided the opportunity to present oral evidence at the hearing via direct and cross examination.
b.
Parties are encouraged to submit to the planning commission a written briefing summarizing their arguments and evidence prior to the hearing. Any party who provides a briefing or evidence to the planning commission prior to the hearing must also simultaneously serve such documents on the other party to the hearing. Written briefings or evidence must be submitted 48 hours prior to the hearing.
c.
Failure to appear at the hearing shall constitute a waiver of any objections or claims advanced by either party.
d.
The planning director shall bear the burden of proving by a preponderance of the evidence that the short-term rental has been operated in violation of the permit.
e.
The rules of evidence shall not apply to the hearing; provided, however, that the chair of the planning commission may refuse to receive any evidence if its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, undue delay, wasting time, or needlessly presenting cumulative evidence.
f.
All parties to the hearing may be represented by an attorney.
g.
At the conclusion of the hearing, the planning commission shall vote on the issue of revocation. The decision shall be based on a majority of the commissioners who are present. Should the planning commission vote to revoke the short-term rental permit, the planning commission shall make one or more of the following findings:
i.
The approval of the short-term rental permit was obtained by fraud or through the provision of false information;
ii.
The short-term rental activity has been or is being conducted in violation of this chapter or other applicable law;
iii.
The conditions of approval have been or are being violated;
iv.
The short-term rental activity is occurring in a manner that constitutes a public nuisance as defined in Section 22.08.010 of this code;
v.
Ownership of more than one parcel on which short-term rentals are permitted, non-payment of property taxes for the parcel on which the short-term rental is located, or non-payment of transient occupancy tax shall in itself be an automatic revocation of all of the owner's short-term rental permit(s).
4.
Notice of Decision. A written notice of the planning commission's decision shall be prepared and mailed to the owner at the address specified in the application for approval within thirty business days of the close of the hearing. The notice shall contain a statement of the basis for the decision and the facts upon which the decision was made as well as a statement directing the owner to immediately cease using the property for short-term rentals, and that failure to cease such use may be subject to further legal action and/or enforcement proceedings, including, but not limited to, an administrative penalty of no less than the dollar amount of the nightly rental rate of the property for each day the short-term rental is advertised and/or operated in violation of this chapter, or as permitted by Section 1.20.010 of this code, whichever is more, to the maximum extent allowed by law.
5.
Award of Monetary Penalties. The planning director may request that the planning commission impose financial penalties on the operator of the short-term rental. If the planning director requests financial penalties, the notice of hearing shall include a statement to that effect and the planning director shall provide to the operator all evidence on which he or she will base the request and the precise amount sought at least five business days prior to the hearing. Any penalties awarded by the planning commission shall not exceed $5,000. For each subsequent permit revocation for the same operator, the maximum possible penalty shall increase by $5,000.
B.
Warning Letters. The planning director or his or her designee may, in lieu of commencing formal revocation proceedings, send the operator of the short-term rental a warning letter informing the operator of any complaints or violations pertaining to the short-term rental and demanding immediate correction. The planning director is not obligated to send any warning letters prior to commencing revocation proceedings. The planning director shall have sole discretion to determine whether a complaint or violation merits a warning letter or the initiation of formal modification/revocation proceedings.
(Ord. 1224 § 1, 2018; Ord. 1251 § 6—8, 2020; Ord. 1304, 4/2/2024)
§ 18.73.080 Violation and complaint.
Nuisance complaints regarding short-term rental activity on a parcel permitted pursuant to this chapter will generally be directed to the owner or owner's designated representative identified in the short-term rental permit and the house rules posted on site and sent to property owners within 300 feet of the short-term rental. The owner, or designated representative of short-term rentals shall be responsible for contacting the tenant to correct the problem, including visiting the site if necessary, to ensure that the issue is been corrected. The owner or owner's designated representative must provide a written report to the Inyo County planning department within three days of being informed of the complaint. This report must detail the actions that the operator took to respond to the complaint and the changes, procedures, or rules that the operator has implemented to ensure that complaints of a similar nature do not arise again. Failure to respond to complaints or provide the required written report to the planning department shall be considered a violation of this section, and shall be subject to the provisions of Section 18.73.070.
(Ord. 1224 § 1, 2018; Ord. 1251 § 9, 2020; Ord. 1304, 4/2/2024)