West Haven City Zoning Code
RESIDENTIAL SHORT-TERM
RENTAL STR
§ 157.495 PURPOSE AND INTENT.
(A) This subchapter provides regulations and design standards for residential short-term rentals (STRs) for single-family and multiple-family neighborhoods. These standards seek to allow for STRs while also protecting the safety and general welfare of the city residents and preserving the residential character of city neighborhoods.
(B) In allowing STRs, this section provides existing property homeowners economic relief who might otherwise be forced to leave a neighborhood, thus promoting and preserving affordable housing in the city. This section is designed, and its purpose is, to stabilize neighborhoods by promoting home ownership.
(Prior Code, § 34.01) (Ord. 12-2020, passed 5-6-2020; Ord. 07-2021, passed 2-3-2021)
§ 157.496 RESIDENTIAL SHORT TERM RENTAL.
An STR is prohibited in all residential dwellings and Residential Districts without first obtaining a short-term rental business license as provided in this subchapter, and being issued a valid business license. The following are exempt and shall not be subject to this section:
(A) A residential lease of 30 or more consecutive days; and
(B) RV parks, campgrounds, hotels, and motels, as described and regulated in the city code.
(Prior Code, § 34.02) (Ord. 12-2020, passed 5-6-2020; Ord. 07-2021, passed 2-3-2021)
§ 157.497 BUSINESS LICENSE; ROOM TAX.
(A) The owner must continuously maintain, in force and effect, a city business license for each short-term rental property and timely pay all taxes and fees relating to such business, including, without limitation, the transient room tax of 1% as provided in UCA §§ 59-12-352 et seq., as amended.
(B) An owner may designate a separate agent to act as the operator of the owner’s short term rental property and may authorize the operator to apply for, obtain, and maintain the business license and to prepare, submit, and remit associated taxes, reports, and fees; however, the business license shall be in the owner’s name.
(C) License applications shall contain such information as the License Official shall, from time to time, require, including the location of the short-term rental property, the number of bedrooms contained in such property, the number and availability of appropriate parking spaces, the name, address, and telephone number of the owner, the name, address, and telephone number of any non-owner operator, and a telephone number for which a responsible party may be reached 24 hours a day, seven days a week.
(D) For the purpose of regulation and to defray the cost of municipal regulation and administration, an annual short-term rental business license fee, as set forth in the city fee schedule, shall be levied and assessed for each short-term rental. Failure to pay the annual fee shall result in the revocation of the license.
(E) Before a license is granted hereunder, the short-term rental property must pass a Fire Code inspection.
(F) The requirements for short-term rentals are intended to preserve the neighborhood feel of residential communities.
(Prior Code, § 34.03) (Ord. 07-2021, passed 2-3-2021)
§ 157.498 GENERAL STANDARDS AND REQUIREMENTS.
An STR use may be allowed within any existing legal residential dwelling by a short-term rental business license from the city, if the application demonstrates compliance with requirements of the city Land Development Code and the following standards and requirements:
(A) Application. A completed application form provided by the city;
(B) Property description. A detailed written description and drawing of the property that identifies the use of each room of the dwelling and fully describes the portions of the dwelling to be used for an STR shall be provided. Only one designated STR area is allowed for a property;
(C) Owner occupancy. The owner of the subject property shall live in the primary dwelling in which an STR is desired, and must reside there as their primary residence.
(1) An individual shall prove ownership of the property by way of a copy of a transfer deed listing the applicant as the fee title owner. The fee title owner may be an individual or trustor of a family trust that possesses 50% or more ownership of the proposed STR. The fee title owner may not be a corporation, partnership, limited liability company, or similar entity.
(2) To establish that the property is the owner’s primary residence, the owner shall:
(a) Present a government-issued identification document listing the address of the property as the address of the owner; together with a property tax statement showing taxed as primary residence; and
(b) Provide a signed affidavit sworn before a notary public stating that the proposed property is the primary residence of the owner, where they reside at least 183 days per calendar year.
(D) Occupancy during rental period. The subject property shall comply with the following occupancy restrictions.
(1) The applicant shall provide the maximum renter occupancy proposed and demonstrate that sufficient parking has been provided off-street at a rate of one-half space per bedroom or sleeping area, with at least one space.
(2) The property shall not be rented to more than one renter at any given time, and the owner shall not divide and rent out portions of the dwelling to multiple renters simultaneously.
(3) A property shall not be exclusively rented as an STR for more than 182 nights per year.
(4) The property shall only be rented for a minimum duration of one night and a maximum of 20 consecutive nights for each renter.
(E) Parking plan. A detailed written description and a drawing of an off-street parking plan must be provided to ensure that all occupants of the home and STR can be accommodated on-site. Parking shall be limited to the existing garage, driveway, and dedicated parking spots of the residential unit and may not include any on-street parking. Shared guest parking as part of a multiple-family dwelling shall only be permitted upon express written approval of the HOA or property management, as applicable. Any proposed parking improvements shall also be included in the off-street parking plan, and must be completed prior to issuance of an STR business license. All elements of the parking plan must comply with all other requirements of this title;
(F) Conflict of private restrictions. The city has no obligation or responsibility to research and enforce an applicant’s property’s existing private covenants, conditions, or restrictions prohibiting STRs. It is the exclusive responsibility of a property owner to research and have full knowledge and understanding of those private covenants, conditions, or restrictions that run with, and are attached to, his or her property. By submitting an application to the city for an STR, the applicant is certifying that he or she has full knowledge and understanding of those private covenants, conditions, or restrictions that run with his or her property and have a full understanding of whether those items prohibit an STR;
(G) Urgent response.
(1) The owner, or a designated representative, shall be available to immediately respond 24 hours a day, 365 days a year by telephone, and when necessary, be able to physically respond within one hour of any legitimate complaint; and
(2) If the owner is unreachable after three attempted contacts by the city, a notice of violation will be issued.
(H) Property maintenance requirements. All short-term rentals shall adhere to all city ordinances, including, but not limited to:
(1) Owners must adhere to the property maintenance regulations in this code, including, but not limited to, requirements for weed abatement, landscaping, garbage removal, structure maintenance, and fence/wall maintenance; and
(2) Owners shall remove all snow from the sidewalks of the property within 24 hours after snowfall in accordance with this code.
(I) Noise and nuisance control. Owners shall ensure that renters adhere to the noise ordinance of this code. Should a renter violate the noise ordinance more than once in any given 72-hour period, they shall be immediately evicted from the property by the owner; and
(J) Noticing and posting requirements. A renter informational packet must be maintained in a highly-visible place within the dwelling or STR area, and must include the following:
(1) City-issued STR business license;
(2) The 24/7 owner’s, or a designated representative’s, contact information;
(3) Parking requirements, including site map of approved designated parking areas;
(4) Approved maximum occupancy;
(5) The noise ordinance of the city;
(6) Garbage pick-up dates, and a written description of where garbage receptacles must be placed for pick-up;
(7) Contact information for the City Police and County Fire District; and
(8) Other contact information or information related to other regulations or conditions of an approval through the land use permit process, as required by the city.
(Prior Code, § 34.04) (Ord. 12-2020, passed 5-6-2020; Ord. 07-2021, passed 2-3-2021)
§ 157.499 VIOLATIONS.
It shall be a violation for any person to operate an STR:
(A) Without first obtaining an STR land use permit, as regulated in this subchapter, and before having been issued a valid STR business license; or
(B) That does not comply with the requirements of this subchapter, the revised ordinances of the city, or the city land development code.
(Prior Code, § 34.05) (Ord. 12-2020, passed 5-6-2020)
§ 157.500 ENFORCEMENT AND FINES.
Upon a determination that a violation exists, the Code Enforcement Officer, or his or her designee, will contact the owner, and shall require such owner to halt, eradicate, destroy, remove, or otherwise cure the violation within 48 hours, or such later time the Code Enforcement Officer, or his or her designee, may determine.
(Prior Code, § 34.06) (Ord. 12-2020, passed 5-6-2020)
§ 157.501 DEFINITION.
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates, or requires, a different meaning.
RENTER. A single person or group of people who provide compensation, in any form, in exchange for occupancy of a dwelling unit, or portion thereof, under one lease or rental agreement.
(Prior Code, § 34.07) (Ord. 12-2020, passed 5-6-2020)