The purpose of this article is to establish regulations for the use of a residential structure or any part thereof as a shortterm rental in White County while minimizing the negative, secondary effects on surrounding properties, to ensure proper safety precautions are in place, and to facilitate the collection and payment of hotel/motel taxes as allowed by state law and county code.

(Res. No. 2019-09, 6-4-19)

(a)

It is unlawful for any person to operate or advertise as a short term rental within the county without a valid business occupational tax license, a host license and authorization to collect hotel/motel tax.

(b)

Short term rental properties that have a current occupational tax license, a current host license and are remitting hotel/motel taxes in the county prior to (effective date) will be grandfathered in as legal short term rentals in the A-1, R-1, R-2, or R-3 Districts. The grandfather of the short term rental goes with property, so future owners will be able to operate short term rentals as long as they acquire the business occupational tax license. the host license and authorization to collect hotel/motel tax from the county.

(Res. No. 2019-09, 6-4-19; Res. No. 2024-02, 1-8-24)

(a)

Short term rentals are allowed as a permitted use In A-1, R-1, R-2, and R-3 Residential District (Seasonal) land districts.

(b)

Short term rentals are not allowed in subdivisions in any district, unless the covenants of the subdivision/homeowners association specifically allow for short term rentals.

(c)

Short term rentals are prohibited in C-1 Community Commercial; C-2 Highway Business and I Industrial districts.

(Res. No. 2019-09, 6-4-19; Res. No. 2024-02, 1-8-24)

(a)

Applicants for short term rentals will have to complete applications for an occupational tax license and a host license and will need to obtain a zoning/subdivision verification letter from the county community and economic development department.

(1)

Zoning verification will be based on the current official land use map as referenced in section 302 of appendix C of this Code.

(2)

Subdivision determination will be based on an official subdivision map that is approved by the county board of commissioners as referenced in chapter 16 of this Code.

(Res. No. 2019-09, 6-4-19; Res. No. 2024-02, 1-8-24)

Editor's note— Res. No. 2024-02, adopted Jan. 8, 2024, repealed § 704, which pertained to short term rental requirements and derived from Res. No. 2019-09, adopted June 4, 2019.

All violations will be dealt with in accordance with article XXI of this appendix.

(Res. No. 2019-09, 6-4-19)