City of Carlton
*Disclaimer: Short Term Rental regulations are in a constant state of change. I provide and update information on individual city regulations as I’m able, but it should in no way be taken as legal advice. Please do your own due-diligence and take the necessary steps to operate a legal business in your area.
Link to: City of Carlton Chapter 17.125 - VACATION RENTAL DWELLING
Chapter 17.125 - VACATION RENTAL DWELLING
17.125.010 - Standards.
A vacation rental dwelling permit shall be issued as an accessory use provided the following standards are met:
There must be no offensive noise, smoke, dust, litter or odor noticeable at or beyond the property line resulting from the use of the dwelling as a vacation rental dwelling.
The use shall not adversely affect the residential character of the neighborhood.
There shall not be an excessive generation of traffic created by the vacation rental dwelling.
One (1) off-street parking space will be provided for each bedroom in the dwelling, but in no event shall less than two (2) spaces be provided for each dwelling.
The dwelling must maintain the residential nature of the front and side yards. The lot must be landscaped and maintained as a permanent residence similar to the surrounding area.
The permittee must provide receptacles for the deposit of garbage and subscribe to a solid waste collection service for the vacation rental dwelling.
The permittee must obtain a business registration license from the City of Carlton.
Signs for vacation rental dwellings shall comply with requirements in, Chapter 17.80.
The property owner shall designate a local representative who permanently resides within the Carlton Urban Growth Boundary or a licensed property management company with a physically staffed office within ten (10) vehicular miles of the Carlton Urban Growth Boundary. The owner may be the designated representative where the owner resides in the Carlton Urban Growth Boundary.
The local representative must be authorized by the owner of the dwelling to respond to the tenant and neighborhood questions or concerns. The local representative shall serve as the initial contact person if there are questions or complaints regarding the operation of the dwelling for vacation rental purposes. The local representative must respond to complaints in a timely manner to ensure the dwelling complies with the standards for vacation rental dwellings and other city ordinances pertaining to noise, disturbances, nuisances, as well as state laws pertaining to the consumption of alcohol, or the use of illegal drugs.
The following information shall be posted within the vacation rental dwelling adjacent to the front door:
The name of the local representative and a telephone number where the representative may be reached;
The telephone number and website address of the City of Carlton and the Carlton Police Department;
The maximum number of occupants permitted to stay in the dwelling;
The maximum number of vehicles allowed to be parked on the property;
The number and location of off-street parking spaces; and
The solid waste collection day.
17.125.020 - Process.
Step One.
1. Notice.
Upon receipt of an application for a vacation rental dwelling permit, notice must be mailed at the applicant's expense to all owners of property within one hundred (100) feet of the exterior boundary of the property for which the application is made, giving the property owners notified twenty (20) days in which to respond to the city.
2. Staff review.
If no objections or complaints are received regarding the proposed use of the property as a vacation rental dwelling, staff may issue a vacation rental dwelling permit to the applicant. However, if staff finds that the facts of the particular case requires interpretation of existing standards, then a public hearing before the Planning Commission shall be scheduled. The procedures for conducting the public hearing shall comply with the standards found in Chapter 17.196.
If staff receives one (1) or more written objections from individuals affected by the proposed use regarding compliance with any of the vacation rental standards listed above, after the notice requirements of the Step One process have been met, no permit shall be issued at that time and a hearing shall be set before the Planning Commission in accordance with the Step Two process specified below.
Step Two.
If the staff refers the matter to the Planning Commission for hearing, or a hearing is required as a result of a Step One mandatory referral, the application will be deemed an application for a conditional use and the conditional use requirements of Chapter 17.152 shall apply, as well as the standards for issuance of a vacation rental dwelling permit. The Development Code public hearing notice provisions and application fee requirements for a conditional use shall also apply.
17.125.030 - Permit issuance.
A vacation rental permit shall be issued in the name of the property owner and is not transferable. The permit shall terminate and be deemed void when the permit holder sells or transfers the property occupied or rented as a vacation rental dwelling. A conditional use permit approved for a two-family duplex vacation rental will automatically terminate if the other half of the duplex is rented out for non-vacation use.
17.125.040 - Non-compliance and complaints.
A. Non-Compliance. Any vacation rental dwelling unit that does not comply with the requirements of this Section and the provisions of the underlying district shall be a violation of this Ordinance and shall be subject to the enforcement remedies of Section 17.04.040.
B. Complaint Procedures. In addition to penalties specified in Section 17.04.040, the city may determine that an appropriate penalty is the revocation of a vacation rental permit in accordance with the following complaint procedures:
1. The Planning Commission shall review the vacation rental dwelling permit upon receipt of one (1) written complaint from an individual who is adversely affected by the proposed use. The complaint shall clearly state the nature of the objection to the vacation rental dwelling. Staff shall investigate all such complaints and the results of the investigation shall be reported to the Planning Commission at a regular meeting. The complainant and owner of the vacation rental dwelling shall be notified of the meeting. Standards of judging objections shall include, but are not limited to, the following:
i. Generation of excessive traffic;
ii. Monopoly of on-street parking spaces;
iii. Other offensive activities not in harmony with the residential neighborhood as may be determined by the Planning Commission;
iv. Compliance with vacation rental dwelling permit standards, including conditions required by the Planning Commission as a result of issuance of a vacation rental permit through the conditional use process;
2. The Planning Commission, upon hearing the evidence, may: approve the use as it exists; require the use to be terminated; or impose appropriate restrictions on the operation of the vacation rental dwelling.
3. The determination of the Planning Commission shall become final ten (10) days after the date of its written decision unless appealed to the City Council.