Regular Meeting (DRAFT Short Term Rental Ordinance from Village Attorney 11.11.2024)

Executive Summary:

**Overview:** This document provides a comprehensive review of short-term rental (STR) regulations for the Village of Empire. It includes feedback from legal counsel, Brad A. Fowler, regarding two existing draft ordinances and the associated questions from village officials. Fowler proposes a revised STR ordinance, fully compliant with the law, based on best practices, and incorporating elements from the original drafts.

**Key Recommendations and Legal Considerations:** The proposed ordinance is structured as a general police power ordinance, to avoid grandfathering existing rentals. It addresses Trustee Dye’s questions, clarifies ambiguities, and incorporates suggestions for a zoning ordinance amendment to designate districts where STRs are allowed. The document clarifies that the purpose of the registration ordinance is for permitting and regulation and not as a resolution. Fowler suggests that an application fee for STR certificates can be established by resolution. The review also addresses the legal definitions of STRs as commercial ventures, citing court rulings. Fowler also mentions the upcoming legislation that, if enacted, would require local governments to allow and reasonably regulate STRs. He advises against the 14-day exemption, noting enforcement challenges.

**Proposed Ordinance and Compliance:** The proposed STR ordinance is provided as an attachment. It addresses essential elements like definitions (Bedroom, Occupant, Short-Term Rental), registration requirements (application process, certificate validity, fees), and owner responsibilities (posting information, advertising, water/septic compliance). It also outlines regulations on occupancy, fire safety, parking, trash disposal, special events, noise, and pets. The ordinance includes provisions for violations, certificate revocation, and enforcement procedures, including the designation of enforcement officials and penalties. The document includes an overview of a good neighbor guide and relevant ordinances.