Since I have been involved as one of the first 20 stakeholders who had input, I wanted to be sure that this was the final draft. This AM, 5-29-15, I emailed Kate Morley, Coconino County planner, to insure its accuracy. Here is her reply:
“Thank you for helping to spread the word.
The only other hearing will be regarding adopting a fee for the permit. This will likely be in August after the BOS returns from their recess.”
The Coconino County Board of Supervisors adopted a new Vacation Rental Ordinance:
Section 24.12: Vacation Rentals
A. Purpose: The purpose of this Section is to establish the criteria, process, rules and standards for the short-term Vacation Rental of residential properties for any period of time less than 30 days in order to protect the public health, safety, and welfare, support tourism, and housing affordability while preserving the residential character of neighborhoods, minimizing nuisance and provide equity with other residential and commercial Uses.
“Vacation Rental” shall mean the business of letting any Dwelling or any portion of any Dwelling for occupancy for any time period less than thirty (30) consecutive days in duration in a residential zoning district to a single Family through one contract at any given time.
“Bedroom” shall mean a room meeting the provisions of the building code and environmental quality as determined by the Building Official.
C. Applicability: The provisions of this Ordinance shall apply to all Vacation Rentals that exist at the time of the effective date of the ordinance codified in this section and all Vacation Rentals proposed after the effective date of the ordinance.
D. Performance Standards: All Vacation Rentals are subject to the following standards unless a Conditional Use Permit is approved by the Planning and Zoning Commission to allow a Vacation Rental to exceed the standards. Proposed Vacation Rentals that exceed the standards in this section may be permitted at the discretion of the Planning and Zoning Commission subject to the granting of a Conditional Use Permit.
1. Vacation Rentals shall not be permitted in non-habitable structures such as, but not limited to, garages or other accessory structures or temporary or portable structures such as tents, yurts, travel trailers or RVs.
2. Occupancy: Each Vacation Rental shall be limited to overnight occupation by a Family; and further provided that said occupation shall not exceed two (2) individuals per bedroom plus two additional people up to a maximum of ten (10) individuals per dwelling, excluding children under three years of age.
3. Exterior Appearance: The exterior of the Vacation Rental shall maintain a residential appearance with house number visible from the street or road.
4. Noise and Disturbance. The Vacation Rental shall not be utilized in any manner that produces excessive noise, excessive traffic, excessive vehicles, excessive refuse and waste, or any disturbances that disturb the peace and quiet enjoyment of neighboring residences.
5. Special Events: Commercial or public functions and private or public events that are inconsistent with residential neighborhoods, including but not limited to auctions, concerts, organized recreational activities, weddings, banquets, conference centers and other similar uses are prohibited.
6. Parking: Each Vacation Rental shall have one on-site parking space per Bedroom in the home with a minimum of two on-site parking spaces required. All on-site parking spaces shall be located upon improved surfaces set aside for that purpose in a site plan
accompanying the permit application. All vehicles shall be parked on-site in said spaces and no parking shall occur off-site.
7. Access: The access to the Vacation Rental shall be adequately maintained and remain clear of obstructions to ensure unimpeded passage of emergency vehicles and other traffic.
8. Signage: Signage shall not exceed the permitted allowances for residential uses in the underlying zone.
9. Accessory Dwelling/Guest House: On properties containing both a primary residence and an accessory dwelling unit or detached guest house, both units may be rented out as one property under the same contract.
E. Emergency Contacts: A laminated sheet containing emergency contact information shall be posted near the telephone or in a prominent and visible location if there is no telephone installed at the Vacation Rental. The emergency contact list shall include the following:
1. “In case of emergency dial 911.”
2. The physical address of the Vacation Rental.
3. The nearest major cross streets.
4. The phone number and address of the nearest medical center or clinic.
5. The name and phone number of the 24-hour local management contact.
F. Pre-application Meeting: The applicant shall attend a preapplication meeting prior to the submittal of an application.
G. Property Management Plan: A Property Management Plan (PMP) demonstrating how the Vacation Rental will be managed and how impacts to neighboring properties will be avoided shall be submitted for review and approval as part of the permitting process. Any changes to a Property Management Plan shall be approved by Community Development. The Property Management Plan shall include, but is not limited to, the following items:
1. A contact name, phone number who is available 24 hours a day, seven days a week.
2. A statement indicating the maximum occupancy of the property.
3. Identification of quiet hours.
4. A map indicating the property boundaries and designated parking locations
5. Notification that on-street parking is not permitted.
6. Provisions for the containment and disposal of waste and obligations of the Occupant.
7. Provisions regarding the function and capability of on-site wastewater systems.
8. Good neighbor provisions including, but not limited to, the considerate use of ATVs, snowmobiles, community property, keeping of animals, water resources, lighting andother expectations.
H. Permit Requirement:
1. All Vacation Rentals are subject to a renewable five year Vacation Rental zoning permit from Coconino County Community Development. On any property with a Conditional Use Permit, said permit shall be modified to include Vacation Rental and shall not be
considered separate from the Conditional Use.
2. The applicant may be the property owner or the owner’s agent, and shall be the party responsible for compliance with all provisions of this section and all applicable laws. The permit is personal to the owner and may not be transferred to another person or another property and shall not run with the land.
3. The following information shall be submitted when applying for a Vacation Rental Permit. The Director of Community Development may require additional information or plans, if they are necessary to enable a determination as to whether the circumstances prescribed for the granting of a Conditional Use Permit exist. The Director of
Community Development may authorize omission of any or all of the plans and drawings required by this Section if they are not necessary.
a. A complete Coconino County Vacation Rental Permit application and permit fee.
b. Two copies of a site plan and floor plan meeting the requirements of the Residential Plan Submittal Checklist.
c. A Property Management Plan meeting requirements of subsection G.
d. Confirmed attendance at a Pre-Application meeting for the proposed rental location and intensity.
e. An affidavit confirming the installation of smoke detectors and egress per the Building Code.
f. All open zoning Violations shall be addressed prior to the acceptance of a complete Vacation Rental Permit application.
g. All required permits and licensing as necessary shall be obtained prior to the acceptance of a complete Vacation Rental permit application.
h. An application fee established by resolution of the Board of Supervisors. Vacation Rental Draft Ordinance, BOS Hearing 4
4. Vacation Rental Permit timeframes pursuant to ARS § 11-1605 are as follows:
a. Administrative completeness shall be determined within 30 calendar days of the submittal of a Vacation Rental Permit application. Applicants will be notified in writing of an incomplete application with a list of deficiencies. Notice in writing of application deficiencies shall suspend the administrative completeness time-frame until such time as all deficiencies have been addressed.
b. Substantive review of all Vacation Rental Permit applications shall be completed within 30 calendar days from the determination that the Vacation Rental Permit application is administratively complete. One written request for additional information may be made to the applicant during this review process.
c. The total time frame for the granting or denying of an administrative Vacation Rental Permit is 60 days.
d. Timeframes are tolled and may be waived in accordance with A.R.S. §11-1601 et seq.
1. Issuance of Vacation Rental Permits shall comply with the following:
a. Vacation Rental permits shall be issued when compliance with this Ordinance is verified. If the Community Development Director determines that the proposed Vacation Rental does not comply with this Ordinance, the permit shall be denied.
b. No Vacation Rental Permit shall be issued if the Vacation Rental is in Violation of other laws or impairs property rights. The Director of Community Development will determine if the Violation or impairment exists with appeal to Superior Court.
c. If a Vacation Rental zoning permit or Conditional Use Permit is revoked, a new permit for the same owner and location may not be issued for a period of at least one year from the date of revocation.
If you are considering using your property as a vacation rental, be sure to talk to the County first. The new ordinance came about due to many people who had little respect for the neighbors or the land. Renters were having concerts, weddings, parties throughout the weekend, using off-road vehicles and destroying the land… owners were not being good stewards of their property and curtailing the activities that impacted the neighbors.
At least for a while, enforcement will be high.