Short Term Rental Amendments set to a vote Monday, April 12

Town Council is poised to vote on Short Term Rental Amendments at the Monday, April 12, 2021 Town Council Meeting.  This vote will culminate a nearly two-year review of the Short Term Rental Amendments.  On June 8, 2019 Town Council directed the Planning Department and Code Enforcement Office to initiate further review of the ordinance since the last time amendments were approved in December of 2012.  [Review Memo].  This process ultimately lead to recommended amendments to Short Term Rentals, as well as Recommendation #86 of the 2019 Comprehensive Plan, both of which were set to a Public Hearing on February 8, 2021 [Article].  On March 8 the Town Council voted in favor of approving the amended Recommendation #86 and tabled the vote on Short Term Rental Amendments to April 12 after further revisions were suggested.  One revision proposed during the March 8 meeting moves to allow a "Primary Residence Hosted Short Term Rental" two rental uses within a seven day period, rather than only one.

Should the council vote to approve all Short Term Rental Amendments, the other amendments of most significance are listed below:

  1. All Short Term Rental operators must obtain a permit per each calendar year.  No form of advertising, marketing, or offering to rent is allowed prior to receiving a permit.
  2. The property in which an owner seeks to operate as a short term rental must be the primary residence of the owner, with the exception of property residing on seven acres or more.
  3. A primary residence which is hosted has no limits on the total number of days to operate a short term rental.  The property is considered hosted when the primary owner is in residence, including overnight, during the tenancy of the short term rental.
  4. Under the Short Term Rental unhosted category, a short term rental may be operated by the property owner in their primary residence when the property owner is not in residence during the tenancy of the short term rental tenants.  The property may be used as a short term rental for no more than 42 days per calendar year.
  5. A short term rental operated on seven or more acres may be operated by a property owner whether the property is a primary residence or not and whether the owner is in residence or not.  The property may be used as a short term rental for no more than 182 days per calendar year.
  6. A non-primary residence may be operated as a short term rental property if the owner’s primary residence is located on the same lot or on an abutting lot and the owner is in residence during the tenancy of the short term rental period.  The property may be used as a short term rental for no more than 105 days per calendar year.
  7. A third-party data analytics software, implemented by the Town Council in June of 2020, will improve the enforcement of the ordinance and assist the Code Enforcement Officer in conducting substantive reviews of permit renewals.





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