§ 8109-4.6.12. Legal nonconforming short-term rentals and homeshares.

This Section 8109-4.6.12 governs the continuation of legal nonconforming short-term rentals and homeshares, as defined below. Article 13 shall not apply to this Section.

a.

For purposes of this Section, a legal nonconforming short-term rental or homeshare is one (1) 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 8109-4.6.5.1(b), or (ii) Section 8109-4.6.5.2, subdivisions (a), (c), (d), or (e), or (iii) Section 8109-4.6.5.3.

b.

Except as specified in this Section 8109-4.6.12, 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 8109-4.6.12(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 8109-4.6.12; and (b) state all permit eligibility requirements identified in Section 8109-4.6.12(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, or until the sale or transfer of the property in whole or part, or until the permit is revoked for cause or is not renewed, whichever occurs first ("grace period").

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. 4523, § 5, 6-19-2018)