Knob Noster City Zoning Code
ARTICLE V
Supplementary Regulations
Section 405.390 Accessory Uses and Structures.
[R.O. 2012 §405.390; Ord. No. 522 §§1—3, 12-1-1992]
A.
Accessory uses and structures shall be subject to setback requirements as prescribed in Article IV, "District Regulations", except as provided in this Section. The following permitted accessory uses and structures shall be allowed in any Zoning District in connection with any permitted principal use:
1.
Permitted accessory uses and structures include, but are not limited to, the following:
a.
A structure for storage incidental to a permitted use; provided however, that no storage structure that is accessory to a residential building shall exceed two hundred (200) square feet in gross floor area, the use shall be in keeping with the principal structure, and no part of such structure shall be located in the front yard setback.
b.
A child's playhouse, provided it shall not be more than one hundred twenty (120) square feet in gross floor area, and it shall not be located in the front yard setback.
c.
A detached garage or other accessory structure, provided that no part of such structure exceeds eight hundred (800) square feet in gross floor area, or ten percent (10%) of the lot area, whichever is greater.
d.
A private swimming pool and bathhouse, provided that a swimming pool shall be allowed within required rear and side yards.
e.
Statuary, arbors, trellises, flagpoles, fences, walls and hedges shall be allowed within the required setback areas.
f.
Signs, when permitted by these Zoning Regulations and by the individual District Regulations of Article IV.
h.
Restaurants, drug stores, gift shops, clubs, lounges and newsstands, when located in a permitted hotel, motel, or office building.
i.
Employee restaurants and cafeterias, when located in a permitted business, manufacturing or industrial building.
j.
Storage or use of accessory uses, such as boats, boat trailers, camping trailers, or converted buses or trucks; except that such uses shall be allowed within required rear yards and within established side and front yards if placed upon a hard surface as defined in the off-street parking regulations. Such uses shall not include the outdoor storage or parking of commercial trucks which exceed one (1) ton manufacturer's rating hauling capacity or buses in a Residential District.
k.
Satellite dish antennas, except that such accessory structures shall not be allowed within established front yards.
2.
Bulk regulations applicable to accessory structures and uses.
a.
No accessory structures or uses shall be located within a required or established front yard, nor closer than five (5) feet from any side or rear lot line.
b.
No accessory structure shall be located closer than ten (10) feet to a principal structure on the same lot.
c.
All accessory structures and uses on corner lots shall be set back from the side street a distance not less than that required for the principal structure.
d.
A garage, whether it is accessory or detached, shall maintain a twenty (20) foot setback when entered from a street side yard or alley.
e.
The maximum sidewall height for all accessory structures shall not exceed twelve (12) feet.
3.
Use limitations.
a.
Accessory structures and uses shall comply with the use regulations applicable in the Zoning District in which they are located, but no accessory structure shall be constructed and occupied on any lot prior to the time of the completion of the construction of the principal structure to which it is accessory.
b.
No accessory structure shall be used for dwelling purposes.
Section 405.400 Temporary Uses.
[R.O. 2012 §405.400; Ord. No. 522 §§1—3, 12-1-1992]
A.
The following temporary uses of land are permitted subject to the specific regulations and time limits which follow, and to the other applicable regulations of the district in which the use is permitted:
1.
Christmas tree sales in any Commercial or Industrial District for a period not to exceed sixty (60) days. Display of such trees need not comply with the yard and setback requirements of these Zoning Regulations, provided that no tree shall be displayed within thirty (30) feet of the intersection of the curb line of any two (2) streets.
2.
Contractor's office and equipment sheds (containing no sleeping or cooking accommodations) accessory to a construction project, and to continue only during the duration of such project.
3.
Real estate offices (containing no sleeping or cooking accommodations) incidental to a new housing development to continue for no more than six (6) months, unless an extension is granted by the Board of Adjustment.
4.
Seasonal sale of farm produce (including Christmas trees) grown on the premises in Districts where permitted, to continue for not more than four (4) months per year. Structures incidental to such sale need not comply with the applicable front yard requirements if the structures are removed or moved back of the required front yard setback line at the end of the season during which they are used.
Section 405.410 Home Occupations.
[R.O. 2012 §405.410; Ord. No. 522 §§1—3, 12-1-1992; Ord. No. 649 §§1—8, 10-3-2000]
A.
The conduct of certain home occupations in residential neighborhoods may be permitted under the provisions of this Section. It is the intent of this regulation to:
1.
Insure the compatibility of home occupations with the residential neighborhood in which they are located;
2.
Maintain and preserve the residential character of residential neighborhoods; and
3.
Guarantee to all residents freedom from excessive noise, excessive traffic, nuisance, fire hazard, and other possible effects of commercial uses being conducted in residential areas.
B.
Persons operating home occupations shall license their home occupations with the City Inspector using a City approved questionnaire/application form. Failure to register a home occupation is a violation of this Chapter.
C.
Criteria Standards.
1.
Where State certification, registration or licensing is required, such certification shall be presented with the registration application.
2.
Home occupations shall be located in the principal residential building or appurtenant structure. The area utilized for the home occupation shall not exceed one-third (1/3) of the total square footage of the dwelling unit in which it is located, except for licensed day care homes.
3.
No more than one (1) home occupation shall be permitted within a single-dwelling unit.
4.
No goods, stock in trade, or other commodities shall be displayed and/or stored outdoors or be displayed at any exterior window in a manner that would create a nuisance.
5.
Home occupations shall not cause any alteration in the appearance of the structure, nor be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or the emission of sounds, noises, odors, dust, vibrations or excessive traffic.
6.
One (1) sign pertaining to the home occupation shall be permitted. The sign shall be attached flat against the building, shall not be illuminated, and shall not exceed four (4) square feet in area.
7.
Home occupations shall be personally operated, conducted, managed and supervised by a person who is a resident of the dwelling. The number of non-residents engaged or employed on the premises in the home occupation shall not exceed one (1).
8.
The use of mechanical or electrical equipment which interferes with radio or television reception or any activity which creates noise, vibration, smoke, dust, odor, heat or glare shall be prohibited. No highly explosive or combustible material(s) shall be used or stored on the premises.
9.
The operation of any wholesale or retail business is prohibited, unless it is conducted entirely by mail, Internet or by occasional home invitation.
10.
There shall be no regular and steady visitation or concentrated coming and going of clients to or from the premises.
11.
The home occupation shall not create a volume of passenger or commercial traffic that is inconsistent with the normal level of traffic on the street.
12.
Parking generated by the conduct of home occupations shall be provided off-street and on a City approved area and/or surface.
D.
All home occupations shall pay a license fee of twenty-five dollars ($25.00) per year. All new home occupations shall be prorated over the year, such that each month or portion of a month of the license's issuance shall be charged at one-twelfth (1/12) of its annual fee.
E.
The Board of Aldermen may revoke licenses issued under the provisions of this Section after notice and hearing for any of the following reasons:
1.
Fraud, misrepresentation or false statement contained in the application for license.
2.
Fraud, misrepresentation or false statement made in the course of carrying on the home occupation.
3.
Any violation of this Section.
4.
Conducting the home occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
Notice of the hearing for revocation of a license shall be given in writing, setting forth specifically the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed to the licensee at their last known address at least five (5) days prior to the date set for the hearing. |
F.
Any person in violation of this Section shall be guilty of an ordinance violation and upon conviction of which shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) or to be imprisoned for not more than twenty (20) days, or both. Each day during which such violation continues to exist will be considered a separate offense. Failure to obtain a license will result in a twenty-five dollar ($25.00) late penalty for the first (1st) month and increase in increments of twenty-five dollars ($25.00) each month thereafter, until a license is obtained.
G.
A non-conforming home occupation, which was lawfully established with a special use permit and in operation prior to the adoption of this Section, may be continued indefinitely, unless revoked for cause by the Board of Aldermen.
Section 405.420 Day Care Center.
[R.O. 2012 §405.420; Ord. No. 522 §§1—3, 12-1-1992]
A.
Day care centers shall be allowed as permitted uses in "C-2" Districts. Also, as accessory uses only, in all districts permitting residences, and in Industrial Districts, if cited on the premises of an operating community service activity, such as, but not limited to, a private or public school, place of worship, community center, or library; or, as part of an employer-sponsored day care service. Day care centers, whether principal or accessory uses, shall be permitted provided that:
1.
State licensing standards and requirements are met, including those pertaining to building, fire safety, and health codes.
2.
Setbacks, screening and landscaping shall conform to the pertinent portions of the Zoning Regulations.
3.
Structures shall meet building, sanitation, health, traffic safety and fire safety code requirements.
4.
A minimum of one (1) off-street parking space shall be provided for each employee, plus an off-street drop-off/pick-up area.
5.
A copy of the Child Care License form, if applicable, is filed with the City.
Section 405.425 Recreational Vehicle Camping Areas.
[Ord. No. 875, 9-20-2022]
A.
Recreational vehicles and recreational vehicle camping areas shall be allowed as permitted uses in "C-2" Districts. Recreational vehicles and recreational vehicle camping areas shall be permitted provided that:
1.
A business license of twenty-five dollars ($25.00), along with a twenty dollar ($20.00) per lot fee, shall be paid together annually to the City Clerk.
2.
All recreational vehicles occupying a recreational vehicle camping area shall be limited to a maximum of ninety (90) consecutive days. Any recreational vehicle, upon reaching the maximum permitted ninety (90) consecutive days occupying a recreational vehicle camping area, must vacate the premises for a minimum of forty-eight (48) hours before it may return to the premises. After vacating the premises for a minimum of forty-eight (48) hours any recreational vehicle may again occupy the recreational vehicle camping area for another maximum of ninety (90) consecutive days. This requirement may be repeated indefinitely.
3.
The above requirement may, with the written approval of the City Administrator or their designee, be extended to a maximum of one hundred eighty (180) consecutive days subject to proof of the owner or occupant of the recreational vehicle of a contract or other proof of temporary employment that would require them to stay longer than the maximum allowed ninety (90) consecutive days.
B.
All recreational vehicle camping areas in operation within the Knob Noster City limits as of the effective date of this Section shall be given one hundred eighty (180) days upon the enactment of this Section to comply with all requirements as listed herein.
Section 405.430 Fences, Walls and Hedges.
[R.O. 2012 §405.430; Ord. No. 522 §§1—3, 12-1-1992]
A.
May be located in required yards as follows:
1.
Residential districts.
a.
Fences, hedges and walls may be located in any front yard if not exceeding at any point four (4) feet in height above the elevation of the surface of the ground, and if no traffic hazard is presented as determined by the Zoning Official.
b.
Fences, hedges and walls may be located in side or rear yards if not exceeding six (6) feet in height above the elevation of the surface of the ground; except that rear yard fences shall conform to established front yard setbacks if they are adjacent to a neighboring front yard.
c.
Electrified and barbed wire fences shall not be allowed in "R-1", "R-2" and "R-3" Districts.
2.
Commercial and industrial districts. Fences, walls and hedges may be located in any yard if not exceeding eight (8) feet in height above the elevation of the surface of the ground.
Section 405.440 Private Swimming Pools.
[R.O. 2012 §405.440; Ord. No. 522 §§1—3, 12-1-1992]
A.
The pool shall be intended solely for the use of the occupants of the property on which it is located and their guests.
B.
The swimming pool shall be walled or fenced by a detached wall or fence at least four (4) feet high and no closer to the perimeter walls of the pool than four (4) feet at any point, to prevent uncontrolled access by children from the street or adjacent properties. The enclosure of the entire property by a wall or fence is compliance with this Section.
Section 405.450 Yard Projections.
[R.O. 2012 §405.450; Ord. No. 522 §§1—3, 12-1-1992]
A.
In any Residential District, the following architectural features may project into any required yard:
Section 405.452 Medical Marijuana Facilities.
[Ord. No. 845, 8-18-2020]
A. CHURCH MARIJUANA or MARIHUANA MARIJUANA-INFUSED PRODUCTS MEDICAL MARIJUANA CULTIVATION FACILITY MEDICAL MARIJUANA DISPENSARY FACILITY MEDICAL MARIJUANA FACILITY MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY MEDICAL MARIJUANA TESTING FACILITY
Definitions. The following words shall have the meanings set forth below, unless the context clearly dictates otherwise, or unless contradicted by a definition provided by State Statute or the Missouri Constitution, Article XVI Section 1:
Includes churches, synagogues, temples or other places of worship.
Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as seed thereof and resin extracted from the plant and marijuana-infused products. Marijuana does not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent (0.3%) on a dry weight basis, or commodities or products manufactured from industrial hemp.
Products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures and concentrates.
A facility licensed by the State of Missouri to acquire, cultivate, process, store, transport, and sell marijuana to a medical dispensary facility, medical marijuana testing facility, or to a medical marijuana-infused products manufacturing facility.
A facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products and drug paraphernalia used to administer marijuana as provided for in this Section to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused projects manufacturing facility.
A medical marijuana dispensary, medical marijuana cultivation facility, medical marijuana testing facility, and medical marijuana-infused products manufacturing facility.
A facility licensed by the State of Missouri, to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana test facility, or to another medical marijuana-infused projects manufacturing facility.
A facility certified by the State of Missouri, to acquire, test, certify, and transport marijuana.
B.
Facility Operation, Policies And Procedures.
1.
All licenses shall be displayed at all times within twenty (20) feet of the main entrance to a facility.
2.
No new cultivation, infused products manufacturing, dispensary, or testing facility shall be sited, at the time of application for license or for local zoning approval, whichever is earlier, within one thousand (1,000) feet of any then existing elementary or secondary school, daycare, or church.
a.
In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church.
b.
In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility's entrance or exit closest in proximity to the school, daycare, or church.
c.
Measurements shall be made along the shortest legal walking path between the demarcation points.
C.
Dispensary. A medical marijuana dispensary may be located as a permitted use in "C-2" districts subject to the following conditions:
1.
Dispensary must have the appropriate license from the Missouri Department of Health and Senior Services. Applicant may apply for a special use permit upon a showing that the applicant has applied for such a license, but the special use permit will not be issued until such license has been obtained.
2.
Location.
a.
No dispensary may be located closer than one thousand (1,000) feet from any other dispensary, medical marijuana facility except when marijuana sales represents less than five percent (5%) of the dollar volume of business in a State or Federally licensed pharmacy.
b.
No dispensary may be located within five hundred (500) feet of a residential dwelling within a residential district.
4.
Together with any other documents required for a conditional use permit, an applicant shall provide a plan which reasonably shows that the facility is capable, when functioning properly, of preventing odors of marijuana from being detected by a person of ordinary sense of smell beyond the boundary of the parcel on which the facility is located.
D.
Cultivation Facility. A medical marijuana cultivation facility may be located as a permitted use in "AG," "I-1" and "I-2" districts subject to the following conditions:
1.
Cultivation facility must have the appropriate license from the Missouri Department of Health and Senior Services. Applicant may apply for a special use permit upon showing that the applicant has applied for such a license, but the special use permit will not be issued until such license has been obtained.
2.
Location.
a.
No cultivation facility may be located within five hundred (500) feet of a residential district residential dwelling within a residential district.
4.
Together with any other documents required for a conditional use permit, an applicant shall provide a plan which reasonably shows that the facility is capable, when functioning properly, of preventing odors of marijuana from being detected by a person of ordinary sense of smell beyond the boundary of the parcel on which the facility is located.
E.
Infused Products Manufacturing Facility. A medical marijuana-infused products manufacturing facility may be located as a permitted use in "I-1" and "I-2" districts; joint operations are strongly encouraged with a cultivation facility. Approval of a medical marijuana-infused products manufacturing facility shall only be approved upon satisfactory compliance with the provisions of this Section.
1.
Infused products manufacturing facility must have the appropriate license from the Missouri Department of Health and Senior Services. Applicant may apply for a special use permit upon showing that the applicant has applied for such a license, but the special use permit will not be issued until such license has been obtained.
2.
Location.
a.
No infused products manufacturing facility may be located within five hundred (500) feet of a dwelling within a residential district.
4.
Together with any other documents required for a conditional use permit, an applicant shall provide a plan which reasonably shows that the facility is capable, when functioning properly, of preventing odors of marijuana from being detected by a person of ordinary sense of smell beyond the boundary of the parcel on which the facility is located.
F.
Testing Facility. A medical marijuana testing facility may be located as a permitted use in "I-1" and "I-2" districts subject to the following conditions and as a permitted use in district "AG" if a joint-development with a cultivation facility, subject to the following conditions:
1.
Testing facility must have the appropriate license from the Missouri Department of Health and Senior Services. Applicant may apply for a special use permit upon showing that the applicant has applied for such a license, but the special use permit will not be issued until such license has been obtained.
2.
Location.
a.
No testing facility may be located within five hundred (500) feet of a residential dwelling within a residential district.
4.
Together with any other documents required for a conditional use permit, an applicant shall provide a plan which reasonably shows that the facility is capable, when functioning properly, of preventing odors of marijuana from being detected by a person of ordinary sense of smell beyond the boundary of the parcel on which the facility is located.
Section 405.455 Short-Term Rental Properties.
[Ord. No. 863, 12-21-2021]
A. CODE FACILITATION PLATFORM LOCAL CONTACT PERSON OWNER RENTAL PERIOD SHORT-TERM RENTAL SHORT-TERM RENTAL PROPERTY SHORT-TERM RENTAL PROPERTY APPLICATION SHORT-TERM RENTAL PROPERTY PERMIT SHORT-TERM RENTAL PROPERTY REGISTRY TRANSIENT GUEST
Definitions. For the purposes of Sections 405.455 through 405.457, the following terms shall have the meanings indicated.
The Code of Ordinances of the City of Knob Noster.
The intermediary that facilitates the rental of any short-term rental property and collects payment from the transient guest, but not including an entity that acts solely as a property manager.
Shall mean either the owner of the short-term rental property or another specifically designated individual that is available twenty-four (24) hours per day, seven (7) days per week, for the purpose of responding within one (1) hour to complaints regarding the condition, operation or conduct of occupants of the short-term rental property or their guests.
The person or entity that holds legal and equitable title to a short-term rental property.
The duration of time that any same transient guest(s) shall occupy the short-term rental property, which shall not exceed thirty-one (31) continuous days.
A rental of any legally permitted residential dwelling unit or a portion of such a legally permitted residential dwelling unit located in any Residence District as defined by Title IV, Article IV, Sections 405.300, 405.310, 405.320, and 405.360 of this Code for a period of less than thirty-one (31) consecutive calendar days, in compliance with the terms of this Article V.
The property in which a short-term rental is located.
The designated form of application as provided by the City, which shall be completed in its entirety and submitted to the City by every owner of a prospective short-term rental property at least thirty (30) days prior to the start of any intended or prospective short-term rental property.
A permit awarded by the City to an owner of a short-term rental property authorizing such owner to permit transient guests to occupy and rent for payment the short-term rental property described on such permit for the purposes of, and in accordance with, this Article V.
The list maintained by the City, of every owner and each owner's respective short-term rental property that such owner rents to transient guests, and such other information as may be required by the City Clerk pursuant to the short-term rental property application, which shall be kept on record with the City Clerk for a period of three (3) years.
Any person who is over the age of eighteen (18) or is accompanied by an adult of legal age who occupies any rooms or accommodations within a short-term rental property for a period of less than thirty-one (31) continuous days; provided, however, that "transient guest" shall not mean an occupant under a lease agreement with a term in excess of thirty-one (31) consecutive days.
B.
Short-Term Rentals.
2.
Short-term rentals shall be subject to and shall comply with all requirements of the City and State building, fire, safety and occupancy codes and limits.
3.
The owner of the short-term rental property shall be current in the payment of the real estate taxes on the property to be eligible for a short-term rental property permit.
4.
The owner of any short-term rental shall be required to apply for and obtain a short-term rental property permit and business license as required pursuant to Article VI of Chapter 605 of the Municipal Code of the City of Knob Noster before renting or advertising the availability of the short-term rental through any facilitation platform or otherwise.
5.
The number of transient guests allowed to occupy any short-term rental property shall be limited to the equivalent of two (2) adult people per bedroom of the subject short-term rental property. Minors under the age of eighteen (18) who are accompanied by a parent or legal guardian shall not count towards this occupancy limit. The short-term rental property must be four (4) bedrooms or smaller.
6.
Any short-term rental property shall be listed and/or marketed on a publicly available facilitation platform.
7.
The owner shall use reasonable, prudent business practices to ensure that the short-term rental property is used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term rental property including but not limited to Sections 405.300, 405.310, and 405.320 of the Knob Noster Municipal Code.
Section 405.456 Short-Term Rental Properties - Application And Permit; Procedures.
[Ord. No. 863, 12-21-2021]
A.
Obtaining A Short-Term Rental Property Permit.
1.
The owner of the short-term rental property shall adhere to the following conditions and shall submit the following information on a short-term rental property application form provided by the City , which shall include, at a minimum, the following information:
a.
The name, address and telephone number of the owner of the short-term rental property and the website address of the facilitation platform(s) wherein the short-term rental property is listed for marketing and rental purposes.
b.
A designated local contact person, which may be listed as either: (i) the owner, or (ii) some other individual; provided, however, any such local contact person shall be available twenty-four (24) hours per day, seven (7) days per week, for the purpose of responding within one (1) hour to complaints regarding the condition, operation or conduct of transient guests or other occupants, and for the purpose of responding to any request, disturbance notice, or for any other reason as the City Administrator or City Marshal may deem necessary for purposes of this Article V, and for the purpose of responding to any request or complaint by any transient guest regarding the condition or operation of the short-term rental property. In each case, such local contact person shall be available during the prescribed times for the entire term of any rental period.
c.
The name, address, driver's license number, cell phone number and telephone number of the local contact person shall at all times be kept on file with the City Clerk and the Police Department, and shall be kept in the records of the City for a period of three (3) years after the conclusion of any short-term rental.
d.
A one-time initial application fee for any short-term rental property shall be due and payable in the amount of two hundred dollars ($200.00) in the form of a check made payable to the City of Knob Noster, as of the date and time the short-term rental property application is submitted .
e.
Prior to the City issuing any short-term rental permit, the owner or local contact person shall schedule an inspection of the short-term rental property with both the Building Inspector and the Fire Chief or their designee, to ensure that the short-term rental property complies with all City and State building, fire, safety and occupancy codes and limits.
f.
Any short-term rental property shall be subject to such inspection to renew a short-term rental permit if it is deemed to be necessary by the City Administrator or their designee. Any short-term rental property shall also be subject to such inspection at any time, with reasonable notice to the local contact person, should the City have reason to believe that the property does not comply with all City and State building, fire, safety and occupancy codes and limits.
g.
Such other information as the City Administrator deems reasonably necessary to administer this Article V, including an acknowledgement by the owner of his or her obligation to pay any applicable taxes that may be required as a result of the use and occupancy of the short-term rental property as described herein.
h.
Upon receiving a short-term rental property application that complies with the provisions of this Article V, the residents within two hundred (200) feet of the property lines of the subject short-term rental property shall be notified by the City Administrator or his/her designee of the existence and potential approval of the short-term rental property application. Short-term rental properties that are already operating through a facilitation platform as of the adoption of Sections 405.455 through 405.457 shall not be required to comply with this requirement.
2.
Any false statements or false information provided in the short-term rental property application shall be grounds for denial of a short-term rental property permit, permit revocation or imposition of other penalties as outlined in this Code.
3.
A short-term rental property application shall be denied if the owner has had a short-term rental property permit revoked within the past twelve (12) months for the same or other short-term rental property. If a short-term rental property permit is revoked twice, no short-term rental property permit shall be subsequently issued for such owner in a twelve (12) month period.
4.
The owner shall post the short-term rental property permit on the exterior of the short-term rental property within plain view for the general public with the phone number for the local contact person clearly visible. The permit shall be 8 ½" by 11" in size and shall be displayed at all times that the short-term rental property is being used for a short-term rental.
5.
The owner shall pay an annual registration fee of one hundred dollars ($100.00) per year after the initial application fee in order to remain on the City's short-term rental property registry, thereby permitting the owner to continue allowing transient guest(s) to rent and/or occupy the subject short-term rental property in accordance with this Article V.
B.
Record Of Transient Guest(s) And Notice.
1.
Prior to each and every rental period of a short-term rental property, the owner shall:
a.
Obtain the contact information of all transient guest(s) including the name, age, permanent address, telephone number, vehicle license plate number and emergency contact for each person to occupy the short-term rental property, or be able to retrieve that information through the facilitation platform upon request;
b.
Require the transient guest(s) to execute a formal acknowledgment that he or she is legally responsible for compliance as occupants or guests of the short-term rental property with all applicable laws, rules and regulations pertaining to the use and occupancy of the short-term rental property, including the payment of any applicable taxes, or be able to retrieve said information through the facilitation platform upon request;
c.
Require any transient guest under the age of eighteen (18) to be accompanied by an adult of legal age who shall execute and acknowledge an addendum to the formal acknowledgement described above, which shall be in substantially the form of a waiver of all claims against the owner and City and shall indicate that the transient guest over the age of eighteen (18) shall assume full responsibility for the transient guest under eighteen (18). Facilitation platforms that provide this requirement shall be deemed as compliant;
d.
Information required in Subsections (B)(1)(a), (b) and (c) above shall be maintained by the owner for a period of three (3) years and shall be made available upon request by any officer of the City responsible for the enforcement of any provision of this Code or any applicable law, rule or regulation pertaining to the use and occupancy of the short-term rental property, or be able to retrieve said information through the facilitation platform upon request; and
2.
On-site parking shall be allowed on an approved driveway, garage and/or carport areas, and must be compliant with all other parking regulations as applicable and as outlined in the Knob Noster Municipal Code.
C.
Procedures For Violations Or Other Misconduct.
1.
The owner or local contact person shall use reasonably prudent business practices to ensure that all transient guests of the short-term rental property do not create unreasonable noise or disturbances, engage in disorderly conduct or violate any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term rental property.
2.
No amplified or reproduced sound shall be used outside or audible from the property line of any short-term rental property between the hours of 10:00 p.m. and 8:00 a.m.
3.
The owner or local contact person shall, upon notification that any transient guest or other occupant of the short-term rental property has created unreasonable noise or disturbances, engaged in disorderly conduct or committed a violation of any applicable law, rule or regulations pertaining to the use and occupancy of the short-term rental property or otherwise, respond in a timely and appropriate manner to immediately halt or prevent reoccurrence of such conduct.
4.
Failure of the owner or local contact person to respond to such calls or complaints regarding the condition, operation or conduct of transient guests of the short-term rental property in a timely and appropriate manner shall be grounds for revocation of the short-term rental property permit and shall subject the owner to all administrative, legal and equitable remedies available to the City of Knob Noster.
Section 405.457 Short-Term Rental Properties - Penalties and Enforcement.
[Ord. No. 863, 12-21-2021]
A.
Upon request by the City Administrator or their designee, all owners shall provide access within twenty-four (24) hours to the short-term rental property and to any records related to the use and occupancy of the short-term rental property during normal business hours for the purpose of inspection and determining compliance with Sections 405.455 through 405.456.
C.
In addition to any penalty imposed pursuant to the Knob Noster Municipal Code, the City Administrator or their designee may impose additional conditions related to life safety on the use of any short-term rental property. Applicants may appeal any decision made by the City Administrator or their designee to the Board of Aldermen. Any appeal decided by the Board of Aldermen shall be considered final.
D.
Except as otherwise expressly provided in this Code, enforcement of Sections 405.455 through 405.456 is at the sole discretion of the City. Nothing in this Chapter shall create a right of action in any person against the City or its agents for damages or to compel public enforcement of the provisions of Sections 405.455 through 405.456 for private parties.