Full Text
2 2021 ZONING APPLICATION FOR OPERATION OF A SHORT-TERM RENTAL IN A COMMERCIAL ZONING DISTRICT Property Owner’s Name: Phone/Cell: Property Owner’s Mailing Address: Property Owner’s E-mail: Applicant: □ Same Or: Applicant’s Name: Phone/Cell: Applicant’s Mailing Address: Applicant’s E-mail: Note: This application is for the operation of a short-term rental. It does not cover construction, remodeling, or renovations. A separate building permit is required for those activities. INFORMATION ON SHORT-TERM RENTAL: Address of Short-Term Rental Unit: Cody, WY 82414 Method(s) of Advertising: □Airbnb □Cody Lodging □VRBO □Other Tag Line on Listing (If known): Manager of Short-Term Rental: □ Self □ Other: Type of Structure: □ Accessory Dwelling Unit (guest house) □ Single-family detached dwelling (typical stand-alone house) □ Single-family attached dwelling (townhouse) □ Duplex dwelling unit □ Multi-family dwelling unit (one of three or more dwelling units in a single building on a single lot) Zoning of Property: (Zoning map available online here) □ D-1 □ D-2 □ D-3 □ Other Type of Rental Situation Proposed: □ The entire dwelling/house is rented as a short-term rental. □ Shared occupancy (the owner lives in the dwelling and shares the dwelling or portion(s) thereof with the guests). □ Rental of individual private rooms. (Not an option in D-1.) □ Other: Occupancy: Number of sleeping rooms (rooms authorized for sleeping): Invoice ---PAGE BREAK--- Maximum guest occupancy: guests 1 guest sleeping room= 3 guests 2 guest sleeping rooms= 5 guests 3 guest sleeping rooms= 8 guests 4+ guest sleeping rooms= 10 guests Parking: Short term rental dwellings require one off-street parking space for every two guest sleeping rooms or fraction thereof, unless otherwise exempted or authorized by the city code. If you want or need to add parking, or are unsure of what applies, please contact the City. Off-Street Parking for the short-term rental is: □ Provided. The number of off-street parking spaces is □ If not provided at the minimum rate of one space per two guest sleeping rooms, it is not required due to: □ Located in Downtown Parking District (exempt)—within 1½ blocks of Sheridan Avenue, between 8th Street and 16th Street. □ Legal non-conforming situation (grandfathered). Booking Restriction in D-1 Zone: In the D-1 zoning district, it is a violation of the City code to offer separate bookings of individual bedrooms (multiple private rooms) in short-term rentals. The short-term rental may only be rented to one group at a time. Inspection Required: The dwelling must be inspected for compliance with the short-term rental requirements of the City of Cody Code prior to operation. Please review the attached Inspection Checklist and make necessary modifications in preparation for the City inspection. Then call the Community Development Department at (307) 527-3469 to schedule an inspection. Application Fee: A $25 application fee is required and must be paid upon application. I certify that this application for (street address of short-term rental) accurately reflects the proposed short-term rental situation, and that the short-term rental will be operated in accordance with the requirements of the City of Cody code (attached). Signature of Owner or Authorized Representative: Signature Date Printed Name: Insurance Notice: A typical homeowner’s insurance policy does not cover use of a property for short- term rental activities. Many commercial insurance policies do not cover short-term rental activities. Please contact your insurance provider to discuss the insurance needs for use of the property as a short- term (vacation) rental. If they do not provide insurance for short term rentals, there are companies that specialize in such policies. Lodging & Sales Tax Notice: Short-term rentals are classified as lodging facilities by the State. The owner of the short-term rental is responsible to be sure lodging and sales taxes are paid. Some listing companies collect and pay lodging and sales tax for you. If your listing company does not, then you must register your business with the WY Department of Revenue and pay lodging tax as required (see WY Dept. of Revenue website). The required State Sales Tax ID# is obtained by completing a WY Department of Revenue application, which you can access here: http://revenue.wyo.gov/Excise-Tax- Division/sales-and-use-tax-license-applications-forms (select “Sales and Use Tax License Application”). SIGN ---PAGE BREAK--- City of Cody Code 10-11-2(S), Short-term rental. 1. Within the commercial zoning districts, a short-term rental may be operated out of any form of a dwelling with a permanent foundation. 2. Short-term rental shall not be offered by a renter of the property - i.e., a sublet situation. 3. Occupancy of a dwelling used for short-term rental is limited to the lesser of 2.6 guests per guest sleeping room (total rounded to nearest whole number) or a total of ten (10) guests. (Note: Facilities exceeding 10 guests are to be classified as hotels/motels and may be considered pursuant to that classification.) 4. Within the D-1 Zoning District, the following restrictions apply: a. No more than four short-term rentals may be located on any one property. b. Each short-term rental may only be rented to one group at any one time a single booking). 5. Within the D-2 and D-3 Zoning Districts, sleeping rooms may be rented individually when authorized for such through the short-term rental registration and inspection process; provided, in no case shall more than five sleeping rooms be individually rented in a dwelling. 6. Each short-term rental shall require one off-street guest parking space meeting the requirements of chapter 16, "Off Street Parking", of this title for every two guest sleeping rooms or fraction thereof, unless otherwise exempted or authorized by this title nonconforming provisions). 7. Prior to use of the dwelling as a short-term rental, the dwelling shall be inspected for fire and life safety items. At a minimum, the short-term rental shall be equipped with functional smoke detectors, a fire extinguisher (minimum rating 2A:10-BC), and a carbon monoxide alarm if applicable. Each sleeping room shall be provided with Code compliant means of egress. The authority having jurisdiction Fire Marshal and/or building official) may have additional requirements pursuant to the adopted Fire and/or Building Code. Notwithstanding the above, short-term rentals existing at the date of adoption of this provision shall have until June 30, 2018, to obtain their inspection and until December 31, 2018, to correct any fire and life safety items involving construction or remodeling; no short-term rental activity shall occur if the dwelling is not in compliance with these deadlines. 8. Short-term rentals are classified as lodging facilities by the State. As such, the owner or manager of the short-term rental must register the lodging facility business with the WY Department of Revenue and pay Lodging Tax as required. 9. All short-term rental facilities, whether existing or proposed, shall register with the City of Cody, provide evidence of compliance with these provisions, and pass the fire/safety inspection. The Community Development Department is authorized to create application form(s) and procedures as necessary to manage and enforce these provisions, both for the initial authorization and for ongoing compliance. Authorized short-term rental facilities shall post a document issued by the City identifying such authorization in a visible location. (Ord. 2018-04, 4-17-2018) ---PAGE BREAK--- Address: Inspector: Date of Inspection: 2021 SHORT TERM RENTAL INSPECTION CHECKLIST Yes No □ □ Is the address number posted and visible using minimum 4” tall numbers on a contrasting background? □ □ Do egress/exit routes comply with applicable codes? (e.g. stairs, handrail) □ □ Do egress/exit doors open from the inside without the use of a key, tool, or special knowledge? □ □ Are required egress windows (bedroom windows) operable? And meet minimum size? (Minimum 5 sq. ft. opening when located on main floor or basement, 5.7 sq. ft. on 2nd floor, and minimum opening width of 20 inches and minimum opening height of 24 in.) □ □ Are smoke detectors located where required by code and operable? (Generally, one in each sleeping room, one outside bedroom area—but not in close proximity to cooking appliances. See installation instructions.) □ □ If a carbon monoxide alarm is required by code, is it installed and functional? (Required if dwelling has a fuel burning appliance or attached garage. One detector each level—see installation instructions.) □ □ Is a fire extinguisher, with a minimum rating of 2-A:10-B:C, provided and either directly visible or in a labeled location? □ □ Is there proper access to the electrical panel? (Typically requires clear space 30” wide, 36” in depth, and 78” in height in front of panel.) □ □ If any extension cords are in use, are they used in a compliant manner— used only for portable appliances, and unplugged when not in use? □ □ Are combustibles kept away from heat sources, including hot water heater, furnace, and fireplace? □ □ Is the dryer vent system free of hazards/obstructions? □ □ Emergency contact numbers (“IN CASE OF EMERGENCY DIAL 911”) posted? Recommended items: Keep a functional flashlight in every sleeping area. Install/Turn on a porch light for arriving guests. Keep poisonous, caustic, and flammable chemicals in secure cabinets and away from ignition sources. Change smoke detectors as recommended by manufacturer (typically after 10 years). Install interconnected smoke detectors. Wireless detectors are now available. Change outlets located within six feet of wet areas to GFCI protection. (e.g. bathrooms and kitchen counters). Post owner/manager emergency contact information. Have a fire extinguisher on each level. Maintain proper insurance coverage—homeowner’s doesn’t cover short term rental.