ORDINANCE 1127
AN ORDINANCE OF THE CITY OF SANDPOINT, BONNER COUNTY, IDAHO A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; AMENDING TITLE 9, CHAPTER 1, SECTION 3 OF THE SANDPOINT MUNICIPAL CODE ENTITLED "DEFINITIONS" BY PROVIDING A DEFINITION OF TOURIST HOME AND A SUNSET CLAUSE FOR EXISTING TOURIST HOMES; AMENDING TITLE 9, CHAPTER 3, BY ADDING TOURIST HOMES AS A PROHIBITED USE IN SECTION 1, RESIDENCE "A" ZONE; BY PROVIDING FOR THE CONDITIONAL USE STATUS OF TOURIST HOMES IN SECTION 2, RESIDENCE "B" ZONE;, SECTION 5, PROFESSIONAL OFFICE "PO" ZONE; SECTION 11, RURAL RESIDENTIAL "RR1" ZONE; AND SECTION 12, RURAL RESIDENTIAL "RR2" ZONE; REPEALING PRIOR INCONSISTENT PROVISIONS; PROVIDING THAT THIS PROVISION SHALL BE DEEMED SEVERABLE AND THAT REMAINING SECTIONS OF SANDPOINT MUNICIPAL CODE SHALL NOT BE AFFECTED BY A FINDING THAT THIS PROVISION IS UNLAWFUL OR UNENFORCEABLE; AND PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE.
WHEREAS: In the City of Sandpoint, there exists a growing demand for short-term rental accommodations; and
WHEREAS: There are an increasing number of secondary homes within the City which are being rented out for short periods of time; and
WHEREAS: Short-term rentals, while providing a unique vacation experience, may also detract from the communal feel of neighborhoods by the transient nature of the occupant; and
WHEREAS: The Sandpoint Mayor and City Council find it in the public interest to amend the City Municipal Code to require either the prohibition or conditional use status of tourist homes, also commonly referred to as vacation rentals.
NOW THEREFORE, be it ordained by the Mayor and City Council of the City of Sandpoint as follows:
Section 1: Statement of Purpose
These amendments are intended to designate the different use categories for tourist homes within the City of Sandpoint Municipal Code.
Section 2: - That Sandpoint City Code 9-1-3, Definitions, is hereby amended to include the following definition:
Tourist home - a residence, including a single-family unit or a multi-family unit, which is rented for the purpose of overnight lodging for a period of not less than five (5) days and not more than thirty (30) days. Rentals for less than five (5) days shall be considered a motel or bed & breakfast use and regulated accordingly. Rentals must be for a period of 5 or more days and only one rental during a 7 day period is permitted. Tourist homes existing at the effective date of this ordinance shall have five (5) years to comply with the requirements of their respective zones. Tourist Homes are also commonly referred to as vacation rentals.
Section 3: That Sandpoint City Code 9-3-1 A, Residence "A" Zone, be, and the same hereby is amended to read as follows:
Uses Not Permitted:
a. Tourist Homes.
Section 4: That Sandpoint City Code 9-3-2 A, Residence "B" Zone, be, and the same hereby is amended to read as follows:
2. Conditional Uses: Those uses designated as conditional uses in residence A as well as the following uses may be permitted provided a conditional use permit authorizing such use has been granted:
a. Bed and breakfast. Performance standards that apply to bed and breakfast uses in this zone consist of, but are not limited to, the following criteria:
(1) The premises must be owner occupied with a maximum of two (2) bedrooms rented for bed and breakfast use;
(2) Two (2) parking spaces for the owner plus one parking space per bedroom rented are required;
(3) The applicant shall obtain the signatures of the adjoining property owners indicating their consent to the proposed use.
b. Family daycare home.
c. Churches and accessory buildings used for religious teachings.
d. Non-municipally owned recreation buildings or non-municipally owned community centers.
e. Police stations.
f. Fire stations.
g. Public utility facilities.
h. Tourist homes.
Section 5: That Sandpoint City Code 9-3-5 D, Professional Office "PO" Zone, be, and the same hereby is amended to read as follows:
D. Conditional Uses: The following uses are permitted subject to the granting of a conditional use permit pursuant to the provisions of this Title, and subject to all other applicable regulations:
1. Schools; elementary, secondary, college, nursery schools, day care centers.
2. Community assembly.
3. Rooming, boarding houses.
4. Multi-family dwellings.
5. Two-family dwellings. (Ord. 653, 4-16-1979)
6. Veterinary office or clinic when completely indoors.
7. Employment agencies.
8. Hospitals.
9. Laboratories.
10. Tourist homes.
Section 6: That Sandpoint City Code 9-3-11, Rural Residential "RR1" Zone, be, and the same hereby is amended to read as follows:
B. Conditional Uses: Churches, police and fire stations, public utility facilities, schools public or private, except those schools of vocational nature which operate similarly to a retail business where a product or products may be purchased on the premises, tourist homes, expansion of existing or addition of new fairground facilities, barns, exhibit buildings, food facilities, storage buildings, indoor or outdoor arenas, similarly classified facilities and accessory buildings, and events related to the fairgrounds. Provided that a conditional use permit shall not be required to expand an existing event or add a new one that falls below the following thresholds for both event length and maximum attendance:
Event Length Maximum Attendance For Entire Event 1 day 3,500 2-7 days 12,500 total event or 3,500 per day, whichever is less 8+ days 14,000 total event or 3,500 per day, whichever is less
Temporary expansions, structures or parking areas which will be in place for less than thirty (30) days and are directly related to an existing or new event that falls below the thresholds noted above do not require a conditional use permit.
Section 7: That Sandpoint City Code 9-3-12, Rural Residential "RR2" Zone, be, and the same hereby is amended to read as follows:
B. Conditional Uses: Family day care center, churches, police and fire stations, public utility facilities, schools public or private, except those schools of vocational nature which operate similarly to a retail business where a product or products may be purchased on the premises; tourist homes.
Section 8: Repeal and Severability
A. That any provisions of the Sandpoint City Code found to be inconsistent with this Ordinance be and the same is hereby repealed.
B. Should any provision of this Ordinance be deemed unlawful or unconstitutional, such finding shall not affect the remaining provisions of this Ordinance.
Section 9: Effective Date
This Ordinance shall be in full force and effect from and after its passage, approval, and publication according to law. The ordinance shall be scheduled for review before the city council two years from the date of its passage.
PASSED BY THE CITY COUNCIL as an ordinance of the City of Sandpoint on this 16th day of February 2005.
Raymond P. Miller, Mayor
ATTEST:
Helen M. Newton, City Clerk
SNP Legal 5912
March 9, 2005 ks