(a)

Definition:

Short term rental (STR). For the purposes of this section, "short term rental" shall mean a dwelling unit intended to provide temporary sleeping accommodations for no more than two (2) persons per bedroom, up to eight (8) persons (including children) maximum, for a period not to exceed twenty-nine (29) consecutive days per rental.

(b)

Requirements for short term rentals. Short term rentals shall be allowed as a conditional use of legally established dwelling units, except non-conforming dwellings in industrial districts, provided the following conditions are met:

1.

The number of STR overnight guests in the STR unit shall not exceed two (2) persons per bedroom, up to eight (8) persons (including children) maximum, and this maximum shall be posted in the STR and included in advertising;

2.

A minimum of one (1) off-street or allocated parking space is provided for each two (2) bedrooms rented within the STR unit(s). Additionally, excepting the "street parking area" shown in section 4-11.1(b), sufficient off-street or allocated on-street parking in the quantities required for the STR unit(s), and per section 4-10(a) for all other uses located on the subject property, shall be documented prior to receiving an STR permit;

3.

No vehicle associated with the property on which the STR unit has been approved (whether the vehicle is owned by STR guest, property owner, or other tenant) shall be street parked during an STR stay, other than on-street parking units formally allocated to a property or associated with an STR located in the "street parking area" shown in section 4-11.1(b).

4.

Other than wall or window signage not to exceed one (1) square foot, the property shall not contain exterior signs advertising the STR use;

5.

The applicable HOA/POA does not prohibit the use based on restrictive covenants or by-laws;

6.

The hosting of events, such as weddings, parties, or similar gatherings, is prohibited;

7.

A STR permit and an active business license for the use is filed by the property owner(s) with the city;

8.

No more than three (3) notices of violations of the city's zoning, noise or refuse ordinance have been the subject of a zoning department notice of violation in the previous one-year period. Issuance of the fourth such notice of violation shall render all previously issued STR permitting and licensing null and void

a.

Review of such determinations shall, if sought, be performed by the board of zoning appeals, in accordance with section 7-6 of the Zoning Ordinance.

9.

The STR's registration number shall be posted in the STR and included in advertising;

10.

All required taxes are paid;

11.

The STR is permitted by the city's planning and zoning department, and the registration is renewed annually by February 28; and

12.

The property owner shall identify a contact, with twenty-four-hour cellphone availability, who is available to be on site within thirty (30) minutes of notice. Failure of a property point of contact to arrive on scene within thirty (30) minutes of a city call for assistance being placed shall constitute a violation of this Ordinance.

(c)

Dwelling units on commercially zoned parcels are subject to the provisions of subsection 4-21(b) above.

(d)

Parcels with ten (10) or more rental units, as well as buildings or units properly permitted as and holding valid business licenses as hotels, motels, or other transient housing, are exempt from the provisions of subsection 4-21(b) above, provided an active business license for the rental use is filed with the city. A separate business license for each short term rental unit is required, except for hotels, motels, and other transient housing.

(e)

Amortization. Uses not in conformity with section 4-21 prior to January 1, 2023 shall not be grandfathered, but shall rather be considered in violation of this section of the ordinance.

(f)

Maximum number of STR permits allowed.

1.

The maximum number of STR permits allowed to be issued in each council district shall not exceed sixty (60) (the "caps").

2.

The following shall be exempt from the caps:

a.

Room rentals within owner-occupied dwelling units assessed at the four (4) per cent ratio by the county assessor's office. These units are exempt from the applicable district cap for the issuance of the initial permit and shall not count toward the permitted units subject to the applicable district cap.

b.

All units for which STR applications had been submitted as of January 13, 2025, and such permit application has not been denied, shall be eligible to obtain an STR permit, even if the applicable district cap has been exceeded, provided the permitting process is complete and the permit issued by February 28, 2025. These units are exempt from the applicable district cap for the issuance of the initial permit, but shall count as permitted units subject to the applicable district cap.

c.

Dwelling units on properties annexed into the city after December 31, 2024. These units are exempt from the applicable district cap for the issuance of the initial permit, but shall count as permitted units subject to the applicable district cap.

3.

Any permitted STR unit which remains in good standing, and has not been cancelled at the owner's request, may continue to be issued a renewal permit annually, even if the applicable district cap has been exceeded, provided the renewal application is submitted by February 28 of the current year.

4.

The city shall not issue additional STR permits in a council district where the applicable district cap has been exceeded, other than renewal permits and those issued to units exempted from the caps, until the number of active STR permits drops below the maximum number of STR permits allowed in the particular council district. STR applications for permits in council districts where number of permits issued exceeds the maximum number of STR permits allowed shall be processed for compliance, but the units shall not be inspected, until the number of STR permits in good standing in the particular council district has fallen below the maximum allowed. At that time, the applicant with the oldest STR permit application in "contingent approval" status shall be contacted to set up inspections and obtain a permit. Applications for units which are determined to have been listed or used for STR stays (without holding a valid permit) within six (6) months of the date of application shall not be eligible for STR permits.

(g)

Compliance. The property owner(s), as the permit holder(s), are responsible for ensuring compliance with these regulations. Citations for noncompliance may be written to the property owner(s), property manager(s), emergency contact(s), STR guest(s), and/or other persons occupying an STR unit, whether permitted or not permitted.

(h)

Change of ownership. STR permits are issued in the property owner's name and are not transferrable to subsequent owners. STR permits are rendered null and void by a change of ownership, other than when the ownership changes due to following:

a.

The creation or dissolution of a trust, limited liability company (LLC), or similar legal entity, of which the new owner is or was a trustee or member;

b.

Inheritance of the property via a will or probate; or

c.

Deeding of the subject property from one (1) joint owner to another joint owner or by a right of survivorship.

Documentation of one (1) of the above ownership changes will be required prior to updating an existing permit or issuing a renewal permit.

(i)

Fees. Permit fees for STR permits shall be:

1.

Initial permit for STR unit: Three hundred fifty dollars ($350.00).

2.

Renewal permit for STR unit: Two hundred fifty dollars ($250.00).

The above permit fees are in addition to required business license fees and accommodations taxes.

(Ord. No. 2022-033, Exh. A, 5-26-2022, eff. 1-1-2023; Ord. No. 2023-022, Exh. A, 4-27-2023; Ord. No. 2025-010, Exh. A, 2-27-2025)