Chapter 18.160
SHORT-TERM RENTALS
Sections:
18.160.020 Business license – Permitted where.
18.160.030 STR conditions and standards.
18.160.040 STR administrative permit process.
18.160.050 Violation – Penalty.
18.160.010 Purpose.
This chapter shall be called the “short-term rental ordinance.” The purpose of the short-term rental ordinance is to implement reasonable regulations to safeguard the public health, safety and general welfare in order to protect the integrity of residential neighborhoods in Donnelly, Idaho, as allowed by Idaho Code, Section 67-6539. [Ord. 252 § 2, 2020.]
18.160.020 Business license – Permitted where.
Short-term rentals (STR), as defined in this title, shall obtain a business license and shall be a permitted use in all zones that permit residential use within the city of Donnelly subject to the following conditions and standards listed in this chapter. At no time shall an existing STR be considered a “grandfathered” use. [Ord. 252 § 2, 2020.]
18.160.030 STR conditions and standards.
A. Number of Units. One STR unit is allowed on a parcel with a business license, along with a fee as adopted by resolution that meets the requirements described in this section. More than one STR or more than one residential use on a parcel will require a conditional use permit in accordance with Chapter 18.110 DCC.
B. Water, Sewer, and Garbage.
1. The STR must meet all requirements of Idaho Central District Health (CDH) with respect to the provision of individual potable water (approved water system) and be served by a central sewage treatment facility.
2. The STR cannot be serviced by Porta Potties for any portion of the approval including overflow in the number of occupants.
3. The STR must contract for garbage pickup with the local provider. STR property management is responsible for garbage removal daily.
C. Parking. Parking of vehicles shall not be in a road traffic lane. The parking areas must be clearly defined so that there is not a haphazard parking over landscaped area. All parking for the unit is contained on the site and not less than one parking space per bedroom provided.
D. The STR may be used for residential purposes only. It cannot be used as a wedding venue, corporate retreat, seminar, team-building event, or other use that requires a conditional use permit.
E. On-Site Lighting. Must comply with city of Donnelly lighting ordinance (DCC 18.30.070).
F. Campfire Management. All campfires must be in an approved fire pit as determined by the fire department. A fire extinguisher and/or water hose must be accessible. Fire pits shall comply with all setbacks. Consideration should be given to smoke impacting neighbors.
G. Safety Monitors and Information. Each STR shall provide and maintain appropriate smoke detectors, carbon monoxide detectors, liquified petroleum detectors, etc., for the occupancy type of the property.
H. Outdoor amplified sound, other than household speakers, shall not be allowed at any time.
I. Occupancy. There shall be no associated RVs or tents used to supplement the maximum occupancy. It will be limited to legal bedrooms with proper egress windows. At no time shall occupancy exceed four people/bedroom up to a maximum of 12 people unless a conditional use permit is obtained.
J. Lot Coverage. Shall be in accordance with this title.
K. Outbuildings are allowed but shall not be used for sleeping or any human habitation.
L. Posting of Rules On-Site. Rules covering regulations within this section and emergency contact numbers shall be posted on site, including an emergency exit plan.
M. Consideration of Neighbors.
1. Quiet Hours. Must observe quiet hours from 10:00 p.m. to 7:00 a.m.
2. Must observe local ordinances in the use of recreational vehicles such as ATVs, UTVs and snowmobiles.
3. Shall limit the number of trips through the neighborhood by recreational vehicles. [Ord. 252 § 2, 2020.]
18.160.040 STR administrative permit process.
A. Application package shall be submitted to the city of Donnelly clerk and will be reviewed by the planning and zoning administrator with the appropriate fee as adopted by resolution.
B. Application package shall include the following:
1. Completed city of Donnelly application form.
2. Site plan showing structures, parking, lighting, fire pits, etc.
3. Operation plan that includes compliance with tax requirements: shall submit with the application proof of compliance with payment of sales tax, local option tax, bed tax, through the STR marketplace or provide the Employee Identification Number for the self-managed STR. Sales tax paid will need to be in accordance with Title 63, Chapter 36 of the Idaho Code.
4. Proof of central water and sewer connection.
5. Rules that will be posted on site.
6. Garbage pick-up agreement.
7. Declaration as to whether this is a part-time STR or a full-time STR. If part-time, number of months it will be used as a rental.
C. Notice to Adjacent Property Owners. The administrator shall notify property owners within 300 feet and/or active homeowner’s association upon issuance of the business license.
D. Property manager or owner shall file an annual report with the fee as adopted by resolution, as follows:
1. Due date (renewal date) is August 31st of each year.
2. Shall show compliance with all requirements of original license.
3. State intent for the current upcoming year.
4. List any changes that were made to operations and/or facilities. If changes are made to the structure, use, number of occupants, etc., a new license will be required with the updated information.
5. Business license shall be revoked if not submitted within 30 days of the renewal date.
E. Staff can inspect the interior and exterior of the STR if complaints are received or there is a reason to believe the structure has been modified to accommodate a greater occupancy than allowed. [Ord. 252 § 2, 2020.]
18.160.050 Violation – Penalty.
Failure to obtain a business license for an STR or violation of the business license shall be cause for revocation of the license and shall be subject to enforcement and penalties. [Ord. 252 § 2, 2020.]