Las Vegas City Zoning Code
ARTICLE XII
Short-Term Residential Rentals
[Added 9-8-2021 by Ord. No. 21-15]
§ 450-141 Short title.
This article shall be known and cited as the "Short-Term Rental Ordinance" and referred to in this Article XII of Chapter 450 as the "article."
§ 450-142 Purpose.
A.
Short-term residential rentals provide a benefit to the City, its residents and visitors, by expanding the number and type of lodging facilities available to City residents and visitors.
B.
Generally, short-term residential rentals are not located in commercial zones, but are usually located in a residential zone. However, for purposes of this article, any and all short-term residential rentals, whether located in a residential zone, commercial zone, or any other zone, shall be treated as commercial property subject to the City's fire code requirements for properties zoned R2, R3 or R4.
C.
The provisions above are necessary to prevent the burdens on City services and impacts on residential neighborhoods resulting from short-term residential rentals.
§ 450-143 Applicability.
This article creates an overlay zone, which shall apply to all noncommercial residential properties within the City regardless of where the property is located. The requirements of this article shall apply to dwelling units that are rented at anytime for a short duration that are not part of a commercial business enterprise, such as hotels, motels or commercial unit rentals located on a single lot or a group of contiguous lots within a commercial zoning district. The requirements in this article apply to dwelling units on noncontiguous property owned or operated by a hotel, motel or commercial unit rental owner.
§ 450-144 Definitions.
For purposes of §§ 450-141 through 450-152, the following words and phrases shall have the meaning as contained below:
LOCAL CONTACT PERSON
An owner, representative of the owner or local property manager who resides in the City or within proximity of the City limits such that he or she is available to respond within an hour or less to any tenants, renters, and/or is authorized to respond to any violation of this article.
MANAGING AGENCY or MANAGING AGENT
A person, entity or any other agent licensed with the New Mexico Real Estate Commission and representing the owner of the subject property, or a person or entity owning the subject property.
OPERATOR
A person who is a proprietor of a residential rental unit, whether in the capacity of owner, lessee, sublessee or mortgagee in possession of the subject property.
OWNER
Any person or entity who has any interest of the whole or part of the subject property, or any person or entity in possession and control of the subject property.
REMUNERATION
Compensation, money, rent or any other consideration given in return for occupancy, possession or use of the subject property.
RENT
The consideration charged, whether or not received, for the occupancy or use of a short-term residential rental, valued in money, whether received as money, goods, labor or other form of payment, including all receipts, cash, credit, property, other items of value or services of any kind, without any deductions whatsoever.
SHORT-TERM RESIDENTIAL RENTAL
One or more dwelling units, including without limitation a single-family detached or multifamily attached unit, rented for the purpose of overnight lodging for a period of not less than one night or more than 29 consecutive days to the same person, persons or entity.
SLEEPING UNIT
Shall have the meaning in the International Building Code 2015, as amended, including without limitation a room or space in which a person or persons may sleep, which may also include permanent provisions for living, eating, sanitation facilities and/or kitchen facilities. Such rooms and spaces that are part of a dwelling unit are not sleeping units.
THIRD-PARTY INTERNET LISTING SERVICE
An internet-based or online marketplace that connects short-term residential rentals to potential customers by way of a website or application for a service fee. Third-party listing agent shall not mean local contact person or managing agency.
§ 450-145 Short-term residential rental permit required.
No residential unit shall be rented without having a current valid short-term residential rental permit issued by the City. Short-term residential rental permits may be issued by the City to the owner of the subject property for a period of one year, which said permits shall not be transferable or refundable. Nothing in this article shall be construed to constrain the ability of neighborhood covenants, deed restrictions or other constraints to be more restrictive than the requirements contained in this article.
§ 450-146 Application for permit.
A.
The subject property owner or managing agency or managing agent shall apply to the City for a short-term residential rental permit and shall provide to the City the following information:
(1)
The maximum number of occupants and vehicles that the dwelling unit can accommodate.
(a)
The parking calculation shall be based upon a minimum of one off-street parking space provided per sleeping unit.
(b)
The occupancy per sleeping unit shall be determined by the floor area of each sleeping unit, number of restrooms per dwelling unit, infrastructure suitable to service the occupants and shall be in accord with habitable and occupancy codes contained within the City codes.
(2)
The name, address, email address and telephone numbers, including a twenty-four-hour emergency contact name and phone number, for all persons and entities having an interest in the property, including without limitation any and all managing agency or managing agents.
(3)
The name, address, email address and telephone numbers of a local contact person.
(4)
An application fee in an amount to be determined by the City.
(5)
The following items shall be fully operational and located at the short-term residential rental:
(a)
An ABC type fire extinguisher to be mounted in the kitchen, at points of ingress and egress, with at least one provided per floor and minimum of one per dwelling unit with a least two per dwelling unit if the property is 1,000 square feet or more, and located at a height not to exceed 60 inches from the top of the extinguisher to the floor. Extinguishers shall be serviced on an annual basis.
(b)
Smoke alarms installed as per the City's fire code.
(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 exterior of the building.
(d)
Outdoor cooking appliances shall be properly maintained and indoor fireplaces shall be properly maintained and inspected by the City's fire marshal or fire department.
(e)
By submitting the permit application to the City, the City is authorized to conduct code compliance inspections of the subject property at intervals deemed appropriate by the City, or may be deemed necessary by the City, in the City's sole discretion, when a violation of this article may exist or has been alleged.
(f)
New Mexico gross receipts tax number certificate and City business license certificate.
(g)
Proof of certified mail sent, or proof of hand-delivered notice signed by the recipient, to all contiguous property owners and occupants, that the subject property is to be used as a short-term residential rental.
(h)
All persons who have an interest in the subject property, including all managing agencies or managing agents, shall attest under seal of a public notary in the permit application that they have met all the requirements in this article for each property to be used as a short-term residential rental.
§ 450-147 Application renewal or update.
At least 60 days prior to the expiration of the permit, or when there is a change to the information contained in the permit, a new permit application shall be submitted to the City. Advertising, offering or accepting renters for a short-term residential rental in the absence of a current and unrevoked permit shall be a violation of this article.
§ 450-148 Fees.
A.
Fees are set forth as follows, but may be changed by the City in the City's sole discretion. The initial application fee is sufficient to cover the cost of processing the application, reviewing the information submitted, and issuing a revised permit.
(1)
Application fee per year: $50 for a one-year permit.
(2)
Inspection fee: in the amount set by the City Fire Department.
(3)
There shall be a reinspection fee for properties that do not pass inspection: in the amount set by the City Fire Department.
(4)
City business license: in the amount set by the City.
(5)
Fee for registering an unregistered property after notice of noncompliance with this article: an amount of three times the application fee. Such amount shall be in addition to any other penalties provided by this article.
§ 450-149 Review of application and permit issuance.
A.
The City shall review completed permit applications.
B.
Once the application review is complete, the City shall notify the applicant whether or not the permit will be issued. If approval is granted, the City will issue a short-term residential rental permit specifying the maximum number of vehicles and occupants permitted on the subject property. Failure of the owners to timely renew the permit shall incur a late permit renewal penalty fee of two times the application fee.
C.
An application shall not be approved or renewed if:
(1)
All applicable fees and taxes have not been paid, including lodger's taxes pursuant to City Code;
(2)
Outstanding or unresolved issues regarding property nuisance or building code violations;
(3)
Unpaid property taxes or City-provided utilities.
D.
The City may deny or revoke any permit for failure of any subject property owner to fail to comply with any provision of Chapter 389 of the City's Code.
E.
In the event that two or more citations for the violation of any law occurs at the subject property within a twelve-month period, the City may revoke or deny any permit.
§ 450-150 Tenant notification requirements.
A.
Each short-term residential rental shall have a clearly visible and legible notice posted within the subject property near the front door containing the following:
(1)
A copy of the current and unexpired short-term residential rental permit.
(2)
The name of the managing agency, managing agent, local contact person or owner(s) of the subject property, and a telephone number at which said person(s) can be reached on a twenty-four-hour, seven days a week basis.
(3)
The maximum number of occupants authorized to stay in the subject property.
(4)
The maximum number of vehicles authorized to park in the subject property.
(5)
The number and location of on-site parking spaces and the parking rules.
(6)
The specific procedures regarding the bagging and disposal of trash.
(7)
A notification that an occupant may be cited and fined for creating a disturbance and/or for violating other provisions of applicable law.
(8)
The address of the subject property as listed with 911 service.
(9)
Notice that City of Las Vegas ordinances and animal leash laws will be enforced.
§ 450-151 Exterior advertising or signage.
Exterior signage on short-term residential rentals is prohibited.
§ 450-152 Penalties.
In addition to any other penalties or fines authorized herein or by City code, the owner(s) of a short-term residential rental shall incur a penalty of $500 for each day a short-term residential rental is advertised, offered for rent, or rented in absence of a current and unrevoked City-issued permit as described in this article. The permit of any short-term residential rental shall automatically be revoked upon the assessment of any penalty or the violation of any part of this article, and shall remain revoked until all violations of this article are fully remedied and any and all penalties assessed pursuant to this article are paid in full.
