The Midway City Council finds it in the public interest to regulate the rental of properties in Midway City for periods less than 30 days. Therefore, the City Council is establishing Transient Rental Overlay Districts to designate those areas of Midway City where individually owned transient lodging unit rental may be conducted in this Chapter. The procedures and standards for the operation of such rentals are found in Title 7 of this Code, Business Licensing and Regulations.

The terms listed below are defined as indicated for the purposes of this Chapter. General definitions, such as single-family dwelling, may be found elsewhere in this Title.

1. Individually Owned Lodging Unit. An apartment, condominium, house or other building or structure, or a room or portion thereof, designed for human habitation not wholly owned by a commercial lodging facility.
2. Commercial Lodging Facility. A motel, hotel, resort, bed and breakfast inn, or other facility, the operation of which is governed by the resort provisions of this code and/or a conditional use permit or development agreement issued by the City which allows, among other things, the rental of a lodging unit or units for periods of more or less than 48 hours.
3. Lodging Unit. A house, an apartment, a condominium, or other building or structure, or a portion thereof, designed for human habitation.
4. Overlay District. Any of several additional districts established by the zoning regulators that may be more or less restrictive than the underlying primary zone(s). When a property is located within an overlay district, it is subject to the provisions of both the primary zone and the overlay district. Where the provisions are in conflict, the overlay district regulations govern.
5. Transient Lodging Unit. A lodging unit which is rented for less than 30 days and which is not a commercial lodging unit.
6. Transient Rental Overlay District (TROD). An area in which a dwelling unit may be offered for nightly rental.
7. Zone. Specifically, delineated area or district within the City in which uniform development standards govern the use, placement, spacing, and size of land and buildings.
8. Zoning. The divisions of the City, by legislative regulations, into areas in which specific allowable uses for real property are stated and the type and size of buildings within these areas are defined. Also, a program that implements the policies of the City general plan is referred to as zoning.

1. Transient rental of any lodging unit shall be authorized only when the lodging unit is located within a Transient Rental Overlay District. Transient lodging unit rental in the Resort Zone (RZ) within the transient rental overlay district is a permitted use. Transient lodging unit rental in any other zone within the transient rental overlay district is a conditional use.
2. Transient rental of any individually owned lodging unit shall be authorized only after the appropriate unit and management business licenses, as set forth in Title 7 of the Midway City Code, have been obtained.

1. Midway City Commercial Zones, C2 and C3, are a Transient Rental Overlay District.
2. All Recreational Resort Zones are Transient Rental Overlay Districts.
3. In addition, Transient Rental Overlay Districts may be expanded beyond the boundary of existing or new Recreational Resort Zones to proximate properties through application for rezoning. Any such application shall undergo appropriate review to ascertain compliance with all requirements for zoning amendment set forth in this Title.

1. Transient Rental Overlay Districts shall be reasonably contiguous and compact.
2. Any new Transient Rental Overlay District shall be consistent with the general characteristics of the underlying primary zone and be designed to avoid unreasonable negative impact on neighboring properties.
3. The offer of properties within a Transient Rental Overlay District is optional. Owners of property within a Transient Rental Overlay District shall not be required to offer their lodging unit for transient rental.

Individually owned lodging units offered for Transient Rental must obtain both unit and management licenses in compliance with all the requirements set forth in the Business Licensing and Regulations Title of the Midway City Municipal Code.

(2010-03, Chapter Replaced, eff. 5/26/2010)