§ 8175-5.21.12. Legal nonconforming short-term rentals and homeshares.

This Section 8175-5.21.12 governs the continuation of legal nonconforming short-term rentals and homeshares, as defined below. Article 12 shall not apply to this Section.

a.

For purposes of this Section, a legal nonconforming short-term rental or homeshare is one that meets each of the following requirements:

(1)

A dwelling that was operating and rented as a short-term rental or homeshare as of the effective date of this Section, and has continued to operate as such to the present; and

(2)

The short-term rental or homeshare does not conform to the permit eligibility requirements of any or all of the following: (i) Section 8175-5.21.5.1(b), or Section 8175-5.21.5.2, subdivisions (a), (c), (d), or (e).

b.

Except as specified in this Section 8175-5.21.12, a legal nonconforming short-term rental or homeshare shall be subject to and comply with all standards and requirements of this Section that apply generally to short-term rentals and homeshares.

c.

Applicants seeking a permit to operate a legal nonconforming short-term rental or homeshare shall comply with all general permitting requirements of this Section except for the permit eligibility requirements identified in Section 8175-5.21.12(a)(2) with which the owner or dwelling does not conform. As part of the permitting process, applicants shall: (a) submit documentation as specified by the Planning Director or designee establishing that the dwelling qualifies for legal nonconforming status pursuant to this Section 8175-5.21.12; and (b) state all permit eligibility requirements identified in Section 8175-5.21.12(a)(2) with which the short-term rental or homeshare does not conform.

d.

A legal nonconforming short-term rental or homeshare shall be permitted to operate for a maximum of two (2) years from the effective date of this Section ("Grace period"), or until the sale or transfer of the property in whole or part, whichever occurs first, provided that the permit is not otherwise revoked for cause pursuant to Section 8183-7. After expiration or revocation of the permit, no person who seeks or receives any rent, payment, fee, commission, or compensation in any form from the subject legal nonconforming homeshare or short-term rental shall rent, offer for rent, advertise for rent, or facilitate the rental of the subject legal nonconforming homeshare or short-term rental.

e.

After expiration or revocation of the permit authorizing a legal nonconforming short-term rental or homeshare, no person who seeks or receives any rent, payment, fee, commission, or compensation in any form from the subject legal nonconforming homeshare or short-term rental shall rent, offer for rent, advertise for rent, or facilitate the rental of the subject legal nonconforming homeshare or short-term rental.

(Ord. No. 4522, § 4, 6-12-2018)