property owner being allowed utilize excess space within their primary residence.
Having received this confirmation on why “accessory use” was proposed, Mr.
Zenner suggested that if it were the Commission’s desire to include a “tenant” as
an eligible STR licensee, subject to property owner authorization, then potentially
it would be appropriate to include that type of occupant within the “accessory use”
designation as was illustrated in Chairman Loe’s flowchart. Doing so would allow
the such an individual, who for all intents and purposes, claims the dwelling to be
their primary residence the same opportunities to benefit from the proposed
regulations which may promote opportunities to retain affordable rental housing.
Furthermore, Mr. Zenner pointed out that including such use authorization would
be at the most restricted level; therefore, offering a greater level of control on the
alternative use of the dwelling which in turn may reduce unforeseen impacts of
upon the surrounding neighborhood.
There was general Commission discussion on this suggestion. Mr. Zenner noted
that licensure to a tenant would require authorization by the property owner
before such license would be issued. From an administrative perspective the
cross-check on property owner authorization would add limited addition burden to
staff and could be covered in an application form. Additionally, the property owner
and the tenant would be equally responsible for addressing possible code
violations as the property owner was ultimately responsible for their rental
certificate. Following additional discussion, the Commission agreed to that
allowing “tenants” an opportunity to be licensed for STRs in their primary residence
for no greater than 30 days was a step in the right direction and permitted more
parity between property owners and tenants.
Given this conclusion, Mr. Zenner noted revisions to the definitions discussed but
set aside at the last work session would need revision. He stated that the definition
of “Owner” was proposed to be modified to remove references to “tenants”. He
also stated that a new definition of “Principal Resident” was proposed which would
be inclusive of both an owner and tenant. Additionally, Mr. Zenner noted that the
definition of “Principal Residence” was proposed to be simplified by making
reference to “Principal Resident” and identifying what staff would evaluate to
conclude the dwelling was actually the principal resident’s principal residence.
Finally, he stated that the definition of “Secondary Residence” was to be modified
such that licensure of this type of dwelling would be limited to only an “owner” and
not a tenant.
Mr. Zenner showed the Commissioners the following proposed definitions which
were discussed and subsequently voted upon. Vote totals are shown within
Owner. When used in the context of Short-Term
Rentals this term shall mean, any person, firm, trust,
corporation, partnership or any other legal entity
who has legal interest in a property as shown within
the records of the Boone County Accessor’s Office.
Principal Resident. When used in the context of
Short-Term Rentals this term shall mean, the owner
or a tenant under a signed lease greater than 30
days, that occupies a dwelling unit that is their true,
fixed, and principal residence to which, whenever
absent, they return until a new principal residence
is established. (7-0 Approved)