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HomeMy WebLinkAbout2134 Amending City Code Regarding Short-Term RentalsBILL NO. 2025-091 ORDINANCE NO. 2134 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF RIVERSIDE, MISSOURI REGARDING SHORT-TERM RENTALS BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1 — ADOPTION OF AMENDMENT. That Title IV, Chapter 400 of the Code of Ordinances of the City of Riverside, Missouri is hereby amended by adding a new Section 400.431 to read as follows: Section 400.431. Short -Term Rentals. A. The purpose of this Section is to regulate the use of residential dwelling units for temporary lodging ("short-term rentals"), protecting neighborhood character and safety while accommodating legitimate tourism needs. B. Definitions. For the purposes of this chapter, the following terms are defined: "Booking Service Provider" means any person or entity that facilitates reservations or collects payment for short-term rental transactions, whether directly or indirectly. "Department" means the Community Development Department. "Director" means the Director of Community Development or the Director's designee. "Owner" means any person or entity holding legal title to the property. "Operator" means the person responsible for managing, operating, or hosting the STR. "Registrant" means the individual identified on the STR permit application as responsible for compliance with this Section. "Residential Dwelling Unit" means a building or portion thereof designed for occupancy by one household and having cooking and sanitary facilities. "Short -Term Rental" (STR) the rental, use, or occupancy of a permanent residential dwelling unit, or any portion thereof, for a period of Tess than thirty (30) consecutive calendar days by a transient guest, regardless of whether a permanent resident is present during the rental period. "Short -Term Rental" does not include month -to - month residential leases. C. Permit Required. 1. No person shall offer, advertise, book, or operate a short-term rental without first obtaining an STR Permit from the Director. A separate permit is required 1 BILL NO. 2025-091 ORDINANCE NO. 2134 for each dwelling unit offered as an STR. STR Permits shall be valid for one (1) year and must be renewed annually. 2. Upon approval of an STR Permit, the Department shall issue a written permit containing a unique registration number assigned to the dwelling unit. The registrant shall clearly display the registration number on all advertisements, booking platforms, and public listings of the STR, and shall provide the number to any booking service provider upon request. The registration number shall remain assigned to the dwelling unit unless and until the permit is revoked or ownership changes. D Permit Application. 1. The application shall be on forms provided by the Director and shall include: a. The address of the residential dwelling unit; b. The full name, telephone number, mailing address, email address, and date of birth of the registrant; c. If the registrant is not the owner, the same information for each owner; and d. If the dwelling unit is owned by an entity, the following responsible party information shall be provided: i) for a corporation, a corporate officer and the chief operating officer; ii) for a partnership, the managing partner; iii) for a limited liability company, the managing or administrative member; iv) for a limited partnership, a general partner; v) for a trust, a trustee; or vi) for a real estate investment trust, a general partner or an officer. E. Change in Ownership or Registrant. If ownership of the property changes or if the registrant changes, the STR Permit shall automatically become void. The dwelling unit may not be offered, booked, or operated as an STR until a new permit application is submitted and a new permit is issued. F. Grounds for Suspension. 3. The Director may suspend a Short -Term Rental (STR) Permit issued pursuant to this Section for any of the following reasons: a. Failure to comply with any health, safety, sanitation, or performance standard required by this Section. b. Non-payment of taxes. c. Submission of false, inaccurate, or misleading information in any STR permit application or renewal. 2 BILL NO. 2025-091 ORDINANCE NO. 2134 d. Repeated violations of City ordinances, including housing, building, nuisance, or zoning codes, defined as more than three (3) separate violations occurring within any rolling twelve (12) month period, whether cited to the same or different provisions. e. Failure to remedy any violation cited by the Director or Enforcement Official within the timeframe specified in the notice of violation. f. Operation of an STR in a manner that endangers public health, safety, or welfare, including but not limited to chronic nuisance behavior or criminal activity occurring at or associated with the property. 4. Prior to suspending an STR Permit, the Director shall provide the registrant and, if different, the property owner with written notice of intent to suspend. The notice shall include: a. A description of the violation(s) or grounds for suspension. b. The specific corrective actions required, if applicable. c. A deadline or compliance, which shall be no less than fifteen (15) calendar days from the date of the notice. d. A statement advising the registrant of the right to appeal the suspension to the City Administrator as provided in Subsection F.3. 5. The registrant or property owner may appeal the notice of suspension by submitting a written appeal to the City Administrator within ten (10) calendar days after receipt of the notice. The written appeal shall state the reasons why the STR Permit should not be suspended and may include supporting documents or evidence. Upon receipt of the appeal, the City Administrator shall schedule an informal hearing within ten (10) calendar days. The registrant or property owner shall be permitted to present evidence and arguments. The City Administrator shall issue a written decision within five (5) calendar days after the informal hearing, either upholding, modifying, or rescinding the suspension. The City Administrator's decision shall be final. 6. Upon suspension of an STR Permit, the residential dwelling unit may not be offered, advertised, booked, or occupied as a short-term rental until the STR Permit is reinstated or a new permit is issued. The registrant must submit a new STR permit application, undergo any required inspections, and pay all applicable fees before reinstatement. Operation of an STR during a period of suspension shall constitute a separate violation for each day of occupancy or advertising and shall be subject to penalties as provided in Subsection K of this Section. G. Tourism Tax Remittance. All STRs are subject to the Tourism Tax — Guest Room Tax pursuant to Article III, Chapter 140, Title I of this Code. Operators shall remit 3 BILL NO. 2025-091 ORDINANCE NO. 2134 such tax in the same manner required of hotels, motels, and similar establishments. H. Performance Standards. 1. At least one (1) off-street parking space must be provided for STR guests. Driveways and garages may satisfy this requirement; on -street parking shall not. 2. Contact information for the registrant, owner, and local emergency contacts shall be posted within the dwelling unit. 3. Smoke detectors and carbon monoxide detectors shall be installed and maintained in accordance with the building code. 4. The dwelling unit shall contain a working fire extinguisher and an operable battery -powered flashlight, lantern, or similar emergency lighting device. 5. STRs shall not be rented or offered for use as reception venues, party venues, meeting spaces, or for similar events open to non-resident guests. 6. Guests and operators shall comply with all City ordinances including noise, nuisance, and trash regulations. I. Locations. STR Permits may be approved for dwelling units located within any residential zoning district, subject to compliance with this Section. J. Unlawful acts. 1. It is unlawful to operate or offer an STR without a valid STR Permit. 2. It is unlawful to advertise an STR without displaying the City -issued STR Permit number. 3. A booking service provider shall not facilitate or receive payment for an STR lacking a valid STR Permit. Removal of an STR from the City's public registry constitutes prima facie evidence of non -registration. 4. It is unlawful to operate an STR in violation of the operating or performance standards in Subsection H. 5. It is unlawful for any person or booking service provider to fail to maintain or produce records required under Subsection K. K. Records of registrant and booking service provider. 1. Registrants shall maintain, for two (2) years, and provide to the City upon request: 4 BILL NO. 2025-091 ORDINANCE NO. 2134 a. The total number of nights the STR was rented; b. The dates the STR was rented; c. Any complaints received from guests, residents, or others regarding violations of law, performance standards, or sanitary/health/safety concerns on the parcel. 2. Booking service providers shall maintain, for two (2) years, and provide to the City upon request: a. The name of the person offering the STR; b. The address of the STR; c. The dates booked; d. The price paid for each transaction; e. The STR permit number; and, f. Any complaints concerning violations of law, performance standards, or sanitary/health/safety concerns on the parcel. 3 The Department shall maintain an up-to-date registry of all residential dwelling units issued a valid STR Permit. The registry shall include the permit number, property address, and status of the permit, and shall be made continuously available for public viewing on the City's official website. L. Penalty. Any person or entity who violates this Section shall be guilty of an ordinance violation. Each day a violation continues constitutes a separate offense. M. Subpoenas. Pursuant to Section 79.180, RSMo, the Board of Aldermen may issue subpoenas to compel attendance, testimony, and the production of documents. It is unlawful to refuse to obey a subpoena issued under this Subsection. SECTION 2 — ADOPTION OF AMENDMENT. That the definition of "Hotel/Motel" contained in Section 140.200 of the Municipal Code is hereby amended to read as follows (language to be deleted contains a strikethrough; language to be added is underlined): Any structure or building which contains rooms furnished for accommodations or lodging of guests and kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are sought for pay or compensation by transient guests. This term includes, but is not limited to, hotels, motels, bed and breakfast inns, the short-term rental of a residential dwelling unit, and campgrounds and any docking facility situated within the City which rents slips to recreational boats which are used by transients for sleeping. 5 BILL NO. 2025-091 ORDINANCE NO. 2134 SECTION 3 — EFFECTIVE DATE. That this ordinance shall be in full force and effect February 1, 2026. BE IT REMEMBERED that the above was read two times by heading only, PASSED AND APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City of Riverside this 6th day of January 2026. Kathleen L. Rose, Mayor ATTEST: Melissa McChesney, City Clerk 6