[Added 11-10-2020 by Ord. No. 20-04]
As used in this article, the following terms shall have the
meanings indicated:
A residential facility or a portion of a residential dwelling
unit for the temporary accommodation of persons or families in a rooming
unit, whether for compensation or not, who are in need of shared lodging
and personal services, supervision, or rehabilitative services.
Any person who is the owner of record of residential real
property, or any person who is a lessee of residential real property
pursuant to a written agreement for the lease of such real property,
who offers a dwelling unit, or portion thereof, for short-term rental.
Any commercial establishment, or any portion of such establishment:
Whose principal use provides that such structure is occupied
or intended or designed for occupancy by transients for lodging or
sleeping purposes and includes any hotel, inn, tourist court, tourist
camp, tourist cabin, motel or any place meeting this definition; and
Accepts on-site reservations for accommodations.
Owner of the property does not permanently reside in the
STRP or in the principal residential unit which the STRP is associated
on the same lot.
Owner of the property permanently resides in the STRP or
in the principal residential unit with which the STRP is associated
on the same lot.
A primary residence is the main home of an individual. An
individual has only one primary residence at a time. If an individual
owns and lives in just one dwelling unit, then that property is his
or her primary residence. If an individual owns or lives in more than
one dwelling unit then he or she must apply a "facts and circumstances"
test to determine which property is his or her primary residence.
While the most important factor is where he or she spends the most
time, other factors are relevant as well. The more of these factors
that are true of a home, the more likely that it is a primary residence:
Factors include, but are not limited to the address listed on an individual's
U.S. Postal Service address, voter registration card, federal and
state tax returns, driver's license, state identification card, and/or
vehicle registration.
A residential dwelling unit that is used and/or advertised
for rent for transient occupancy by guests. Dwelling units rented
to the same occupant for 30 or more continuous days, bed-and-breakfast
establishments, boarding houses, hotels, and motels shall not be considered
short-term rental property.
Any person who exercises occupancy or is entitled to occupancy
of any rooms, lodgings or accommodations for a period of less than
30 continuous days.
A.
In zoning districts in which residential uses are a permitted use,
including legal nonconforming residential uses, a short-term rental
of the dwelling unit that is the primary residence of the property
owner is permitted by the Board of Zoning Adjustment with special
standards set forth in this section.
B.
In zoning districts in which residential uses are a permitted use,
including legal nonconforming residential uses, a short-term rental
of the dwelling unit that is not the primary residence of the property
owner is required to obtain a conditional use permit by the appropriate
Board of Zoning Adjustments. If granted the conditional use permit
the owner must also comply with the special standards set forth in
this section.
C.
Multifamily apartments or condominium applicants must be either the
owner of the property or the lessee. If the applicant is the lessee,
the application must be accompanied by signed documentation of permission
from the lessor for the operation of the short-term rental at the
subject property. If the short-term rental is not the primary residence
of the owner or lessee they will be required to obtain a conditional
use permit by the appropriate Board of Adjustments. If granted the
conditional use permit the owner must also comply with the special
standards set forth in this section.
D.
No person or entity shall operate a STRP or advertise a residential
property for use as a STRP without the owner of the property first
having obtained a conditional use permit issued by Henderson County
Board of Zoning Adjustment in accordance with the provisions of this
section.
E.
The maximum stay for a guest shall be 29 consecutive days. A dwelling
unit rented to the same occupant 30 consecutive days or more is not
considered a short-term rental.
F.
Outdoor signage identifying the location as a short-term rental is
prohibited.
G.
There shall be sufficient parking available for the host and guests
and shall not create a demand for increased parking.
H.
No food shall be prepared for or served to the occupants of a STRP
by the permit holder.
I.
The principal renter of a STRP unit shall be at least 21 years of
age.
J.
The maximum number of occupants permitted on a STRP property at any
one time shall not exceed more than twice the number of sleeping rooms
plus two. The occupancy maximum shall be conspicuously posted within
the STRP unit. Advertising a STRP for more occupants than allowed
by this regulation shall be grounds for revocation of the permit.
K.
Simultaneous rental of a STRP to more than one party under separate
contracts shall not be allowed.
L.
The name and telephone number of the local responsible party (who
shall reside or be located within 25 miles of the STRP) shall be conspicuously
posted within the STRP unit. The responsible party shall answer calls
24 hours a day, seven days a week for the duration of each short-term
rental period to address problems associated with the STRP.
M.
A clearly marked evacuation plan shall be posted on the premises.
N.
The permit holder shall be responsible for maintaining proper insurance
coverage on the STRP.
O.
The permit holder shall be responsible for collecting and remitting
all applicable room, occupancy, and sales tax required by federal
law, state law and Henderson City/County.
P.
Each short-term rental shall be in compliance with all applicable
laws and regulations of the federal, state, or local governments,
as may be amended from time to time, including, but not limited to,
laws or regulations on nondiscrimination, zoning, building, safety,
property maintenance, health and sanitation, fire, electrical, plumbing,
mechanical, and other applicable laws.
The conditional use permit application shall verify by affidavit
that all of the information being provided is true and accurate and
the application shall include the following information:
A.
The name, telephone number, address, and email address of the owner,
host and of a person or business ("responsible party") residing or
located within 25 miles of the STRP that is responsible for addressing
all maintenance and safety concerns;
B.
Owners applying for an owner-occupied permit must provide two documents
giving proof of owner occupancy. Acceptable documentation includes
Kentucky driver's license, other valid State of Kentucky identification
card, voter registration card, utility bills, paycheck/check stub,
work ID or badge, or a bank statement, each current and showing the
owner's name and address matching that of the property to be utilized
for short-term rental.
C.
A floor plan of the residence showing number of bedrooms and location
of smoke alarms. The floor plan can be hand-sketched (number of sleeping
rooms will be checked against the tax assessor's record). Floor plans
shall show details of all levels of the house and any attached structures,
location of windows, doors (interior and exterior), and locations
of the required smoke detectors.
D.
A statement that the applicant has confirmed that operating the proposed
STRP would not violate any homeowners' association agreement or bylaws,
condominium agreement, covenants, codes and restrictions or any other
agreement governing and limiting the use of the proposed STRP property.
A.
No person, firm, or corporation shall own or operate a short-term
rental on any premises within Henderson County unless the short-term
rental has been approved by the Board of Zoning Adjustment. A conditional
use permit shall include at minimum:
B.
A conditional use permit shall not be transferred or assigned to
another individual, person, entity, or address, nor shall the permit
authorize any person, other than the person named therein, to operate
a STRP on the property.
A.
Upon the filing of a complaint regarding a conditional use permit,
the Codes Administrator shall notify the permit holder in writing
or by email of such complaint and follow the process as outlined in
the Henderson County Nuisance Ordinance.[1]
B.
If the property is subject to two or more substantiated civil and/or
criminal complaints, the Board of Zoning Adjustment may revoke the
approval. Any denial or revocation of a conditional use permit may
be appealed to the appropriate Board of Adjustments as an administrative
appeal.
C.
Once a conditional use permit has been revoked, no new permit shall
be issued to the applicant for the same property for a period of one
year.
