HomeMy Public PortalAboutOrdinance No. 1011 Regulating Short-term RentalsORDINANCE NO. 1011
AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO, AMENDING
TITLE III PLANNING AND ZONING OF THE MCCALL CITY CODE AS FOLLOWS: IN
CHAPTER 2 DEFINITIONS AMENDING SECTION 3.2.02 MEANING OF TERMS OR WORDS
TO PROVIDE ADDITIONAL DEFINITIONS FOR EVENTS, LOCAL CONTACT PERSON,
AND OCCUPANT, AND REVISING THE DEFINITION FOR DWELLING, SHORT-TERM
RENTAL TO CHANGE THE OCCUPANCY RATE REQUIRING A CONDITIONAL USE
PERMIT FROM TWENTY (20) PERSONS TO ELEVEN (11) PERSONS; IN CHAPTER 3
RESIDENTIAL ZONES AND STANDARDS AMENDING SECTION 3.3.02 PERMITTED AND
CONDITIONALLY PERMITTED USES WITHIN RESIDENTIAL ZONES CHANGING THE
ALLOWED USE FOR DWELLING, SHORT TERM RENTAL, TO REFLECT THE
AMENDED DEFINITIONS OF DWELLING, SHORT TERM RENTAL, OCCUPANCY
FEWER THAN 11 PERSONS AND DWELLING, SHORT TERM RENTAL, OCCUPANCY 11
OR MORE PERSONS, AND THE REQUIREMENT FOR A CONDITIONAL USE PERMIT; IN
CHAPTER 4 COMMERCIAL ZONES AND STANDARDS AMENDING SECTION 3.4.02
PERMITTED AND CONDITIONALLY PERMITTED USES WITHIN COMMERCIAL ZONES
ADDING AN ALLOWED USE FOR DWELLING, SHORT-TERM RENTAL, OCCUPANCY
FEWER THAN 11 PERSONS AND DWELLING, SHORT-TERM RENTAL, OCCUPANCY 11
OR MORE PERSONS AND THE REQUIREMENT FOR A CONDITIONAL USE PERMIT; IN
CHAPTER 13 PERMITS AND APPLICATIONS DELETING SECTION 3.13.036 ADDITIONAL
CONDITIONAL USE PERMIT STANDARDS FOR DWELLING, SHORT-TERM RENTAL WITH
OCCUPANCY OF 20 OR MORE GUESTS IN ITS ENTIRETY; ADDING SECTION 3.13.09
PERMIT STANDARDS FOR DWELLING, SHORT-TERM RENTALS TO ESTABLISH THE
STANDARDS APPLICABLE TO SHORT TERM RENTALS IN EXCESS OF 11 PERSONS;
ADDING A NEW CHAPTER, SHORT TERM RENTAL PERMITS, TO TITLE 4 BUSINESS
REGULATIONS TO ESTABLISH THE PERMIT PROCESS AND REGULATIONS FOR
OPERATION OF A SHORT TERM RENTAL; PROVIDING A VALIDITY AND SAVINGS
CLAUSE AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF MCCALL, IDAHO:
Section 1: That Section 3.2.02 of Chapter 2, Section 3.3.02 of Chapter 3, and Section
3.4.02 of Chapter 4, Title 3 Planning and Zoning be and the same are hereby AMENDED as shown
on Exhibit A attached hereto.
Section 2: That Section 3.13.036 of Chapter 13, Title 3 Planning and Zoning is hereby
DELETED in its entirety.
Section 3: That Section 3.13.09 of Chapter 13, Title 3 Planning and Zoning is hereby
ADDED as shown on Exhibit A attached hereto.
Section 4: That a new chapter, Short Term Rental Permits, of Title 4 Business Regulations
is hereby ADDED as shown on Exhibit B attached hereto.
Page 1 of 11
Ord. 1011 Regulating Short-term Rentals
September 8, 2022
Section 5: All ordinances, resolutions, orders, or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
Section 6. Validity: The McCall City Council hereby declares that any section,
paragraph, sentence, or word of this ordinance as adopted and amended herein be declared for any
reason to be invalid, it is the intent of the McCall City Council that it would have passed all other
portions of this ordinance independent of the elimination therefrom of any portion as may be
declared invalid.
Section 7. Savings Clause: This ordinance does not affect an action or proceeding
commenced or right accrued before this ordinance takes effect.
Section 8. Date of Effect: This ordinance shall be in full force and effect after its
passage, approval, and publication, according to law.
PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL,
IDAHO, THIS 8th DAY OF SEPTEMBER, 2022.
Approved:
By
Attest:
By
BessieJo Wdgner, City'Clerk
Ord. 1011 Regulating Short-term Rentals
September 8, 2022
Robert S. Giles, Mayor
Page 2 of 11
EXHIBIT A to
ORDINANCE 1011
Additions and Revisions to 3.2.02: MEANINGS OF TERMS OR WORDS:
BEDROOM: A fully enclosed portion of a building designed or intended to be used for sleeping
purposes, including a closet, door that can be closed and an Emergency Escape and Rescue
Opening, as defined by the International Fire Code.
built ar an area for sleepi.,. Spaces „t ally designed built 1 1,' 1,
bedroom unless „ building „ermit and certificate ofoccup ,1
EVENTS: Weddings, receptions, family reunions, seminars, retreats, corporate events,
commercial functions, and any other similar events that would exceed occupancy limits identified
in the Short -Term Rental permit for a given Short -Term Rental structure.
DWELLING, SHORT-TERM RENTAL: A dwelling, including a single-family or a multi -family
unit, which is rented for the purpose of overnight lodging for compensation, money, rent or other
bargained for consideration for a period of one or more days and not more than thirty (30)
consecutive days. Short term rentals are also commonly referred to as tourist or vacation rentals.
Short term rentals with occupancy of eleven (11) persons or more shall require a conditional use
permit.
LOCAL CONTACT PERSON: The person designated by the Owner, or the Owner's authorized
agent or representative, who shall be available twenty-four (24) hours per day, seven (7) days per
week while a Short -Term Rental Dwelling is rented, for the purpose of: a) responding within sixty
(60) minutes to complaints regarding the condition, operation, or conduct of occupants of the short
term rental; and b) taking remedial action to resolve any such complaints.
OCCUPANT: The person or persons who contract, either directly or through a third party, for use
of a Short -Term Rental Dwelling.
Revisions to TABLE 3.3.02
PERMITTED AND CONDITIONALLY PERMITTED USES WITHIN RESIDENTIAL
ZONES
Allowed Use
RR
RE
R 1
R4
R8
R 16
Dwelling, Short -Term Rental, occupancy less than 20
fewer than 11 persons
A
A
A
A
A
A
Dwelling, Short -Term Rental, occupancy 2041 or more
C C C C
CC
NOTE
persons
Page 3of11
Ord. 1011 Regulating Short-term Rentals
September 8, 2022
A conditional use permit is required for any Short -Term Rental with occupancy of eleven (11)
persons or more.
Additions to TABLE 3.4.02
PERMITTED AND CONDITIONALLY PERMITTED USES WITHIN COMMERCIAL
ZONES
Allowed Use
NC
CC
CBD
Dwelling, Short -Term Rental, occupancy fewer than 11 persons
A
A
A
Dwelling, Short -Term Rental, occupancy 11 or more persons NOTE
C
C
C
NOTE
A conditional use permit is required for any Short -Term Rental with occupancy of eleven (11)
persons or more.
Deletion of entirety of Section 3.13.036: ADDITIONAL CONDITIONAL USE PERMIT
STANDARDS FOR DWELLING, SHORT-TERM RENTAL WITH OCCUPANCY OF 20
OR MORE GUESTS.
Addition of a new Section 3.13.09 as follows:
3.13.09: STANDARDS -FOR DWELLING, SHORT TERM RENTALS:
(A) Purposes: The purposes of these requirements for a Short -Term Rental Dwelling are:
1. To ensure that the use of Short -Term Rental Dwellings have no greater impacts than would
be created by long-term residential occupancy of the Dwelling;
2. To protect the health, safety and general welfare of occupants of Short -Term Rental
Dwellings and the surrounding property owners through an inspection of Short -Term
Rental Dwelling structures in compliance with MCC Title 2 and the applicable codes
referenced therein; and
3. To protect the rights of property owners adjacent to Short -Term Rental Dwellings to a
quiet, safe and neighborly environment free from nuisances that would not exist or would
be less intensive but for the use of a Dwelling as a Short -Term Rental.
(B) Permit Required: Prior to advertising or operating a Dwelling as a Short -Term Rental, any
property owner or property manager who leases, rents or otherwise makes available for
compensation a Short -Term Rental Dwelling, such property owner or manager must first obtain a
Short -Term Rental Permit pursuant to MCC Title 4.
(C) Standards: All Dwelling Short -Term Rentals shall comply with the following requirements:
1. Access: Owners shall maintain access to the property and structures that is safe and free
from obstructions for pedestrians and vehicles and shall be adequately sized and designed
Page 4 of 11
Ord. 1011 Regulating Short-term Rentals
September 8, 2022
so that access to other properties is not impacted nor are unsafe conditions on public streets
created contrary to the standards adopted by the McCall Fire District and the City Council.
2. Parking: All parking for the unit is contained on the site, not more than one (1) parking
space per bedroom is provided, all trailers and vehicles shall be parked on an improved
surfaced area and shall not allow parking on the public right -of way.
3. Occupancy: Short -Term Rentals shall contain no more than two (2) persons per bedroom
plus two additional persons, as identified in the Short -Term Rental Permit application and
as defined by McCall City Code Section 3.2.02. Total maximum occupancy of the Short -
Term Rental shall not exceed ten (10) persons without the issuance of a conditional use
permit pursuant to MCC 3.13.03.
4. Noise: Loud music, outdoor activities or any other source of noise that can be heard beyond
the perimeter of the Short -Term Rental premises shall not be generated between the hours
of 10:00 p.m. and 8:00 a.m. the following day.
5. Health and Safety Inspection: Protection of the health and safety of occupants of a Short -
Term Rental Dwelling and surrounding property owners shall be ensured through an
inspection and approval of the Short -Term Rental Dwelling by the Fire Code Official for
the McCall Fire Protection District prior to the issuance of a business license pursuant to
MCC Title 4, Chapter 2. Such inspection shall be subject to a fire, health and safety
checklist developed by the Fire Code Official and approved from time -to -time by
resolution of the City Council.
6. Posted Notice: A written notice shall be posted in a conspicuous location within the unit
that describes restrictions on use of the unit. Such notice shall include, but is not limited to
the structure's maximum occupancy, parking requirements, solid waste and fireplace ash
disposal, quiet hours, noise restrictions, and restrictions on outdoor activity. A written
notice shall also be posted detailing the emergency exiting plan approved by the Fire Code
Official, Short -Term Rental business permit number, and the name and phone number of
Local Contact Person and property owner.
7. Events: No Events shall be located at a Short -Term Rental without first obtaining a
conditional use permit.
8. Accessory Dwelling Unit: If the Short -Term Rental is located on a parcel that contains an
accessory dwelling unit and a primary residence, then one of the dwellings must be owner
occupied or a local housing, non -Short -Term Rental, dwelling unit.
9. Exterior Changes: No exterior changes shall be made to the structures or site conditions at
a Short -Term Rental that would eliminate its appearance or use as a Dwelling Unit for long
term residency.
(D) Application Process: An application for a Short -Term Rental business license shall be
submitted to the City in compliance with the procedures set forth in Title 4.
Page 5 of 11
Ord. 1011 Regulating Short-term Rentals
September 8, 2022
(E) Compliance:
1. All Owners wishing to operate a Short -Term Rental must be in immediate compliance with
the provisions of this Section as well as the provisions of Title 4 applicable to Short-Tefiil
Rentals as follows:
a. All Owners of Short -Term Rentals may continue to operate under existing
business licenses through December 31, 2022.
b. Owners of existing Short -Term Rentals wishing to operate in 2023 or at any time
thereafter must submit an application for a Short -Term Rental Permit to the City
according to the provisions of Title 4.
c. Any Owner shall submit an application for a Short -Term Rental Permit after
October 1, 2022 and must be in general compliance with all the Short -Term Rental
regulations in this chapter and Title 4 by January 1, 2024. All permits will expire
on December 31 of each year and must be renewed annually.
(F) Enforcement of the requirements set forth in this section shall follow the enforcement
provisions of MCC Title 4.
Ord. 1011 Regulating Short-term Rentals
September 8, 2022
Page 6 of 11
EXHIBIT B to
ORDINANCE 1011
Addition of a New Chapter of Title 4 to be titled "Short -Term Rental Permits"
4-: PURPOSE:
A. The purpose of this Chapter is to establish permit requirements for the use of Dwelling Units
as Short -Term Rentals, to safeguard the public health, safety and general welfare, to protect the
integrity of the City's neighborhoods, to establish a system to track the Short -Term Rental
inventory in the City, to ensure compliance with local ordinances and laws, and to allow private
property owners the right to fully and efficiently utilize their property without undue regulation or
interference.
B. Nothing in this Chapter shall be construed so as to nullify or override any prior or current lease
agreements, or covenants, conditions, and restrictions applicable to any property within the City
of McCall that may prohibit or restrict such property's use for Short -Term Rental purposes.
4-: DEFINITIONS:
LOCAL CONTACT PERSON: The person designated by the Owner, or the Owner's local contact
person or representative, who shall be available twenty four (24) hours per day, seven (7) days per
week while the Short -Term Rental is rented, for the purpose of: a) responding within sixty (60)
minutes to complaints regarding the condition, operation, or conduct of occupants of the Short -
Term Rental; and b) taking remedial action to resolve any such complaints.
OWNER: The person(s) or entity(ies) which hold the fee interest to the real property underlying
any Dwelling Unit.
DWELLING, SHORT-TERM RENTAL: A Dwelling Unit, including single-family or a multi-
family unit, which is rented for the purpose of overnight lodging for compensation, money, rent
or other bargained for consideration for a period of one or more days and not more than thirty (30)
consecutive days. Short term rentals are also commonly referred to as tourist or vacation rentals.
Short term rentals with occupancy of eleven (11) persons or more shall require a conditional use
permit.
SHORT-TERM RENTAL PERMIT: A permit that allows the use of a residential Dwelling Unit
as a Short -Term Rental pursuant to the provisions of this chapter, and that incorporates by
consolidation a municipal non -property tax permit and any other potential licensing required by
this code.
4- : PERMIT REQUIRED:
PERMITS REQUIRED AND ISSUANCE OF PERMITS:
Page 7 of 11
Ord. 1011 Regulating Short-term Rentals
September 8, 2022
A. Prior to advertising and offering for rent a dwelling as a Short -Term Rental within the City
of McCall, all Owners of such property shall file with the City Clerk an application for and
be granted a Short -Term Rental Permit.
1. All Short -Term Rentals in the City of McCall shall comply with MCC section 3.13.09
prior to the issuance of a Short -Term Rental Permit.
2. A Short -Term Rental Permit is valid only for one residential Dwelling Unit identified
in the permit application. An owner of such Dwelling Unit shall file a separate
application and obtain a separate permit for each Dwelling Unit to be used as a Short -
Term Rental.
3. A permit for a Short -Term Rental shall be issued and renewed on an annual basis. Upon
a change of ownership of the property, the Short -Term Rental permit is canceled and if
a new owner intends to rent the Dwelling Unit on a short-term basis, a new permit is
required.
B. Every application for said permit shall be made upon a form prescribed by the City Clerk.
C. The application for a Short -Term Rental Permit shall include:
1. The owner's legal name, contact telephone number, mailing addresses, email address,
and proof of ownership;
2. Name under which the applicant transacts or intends to transact business;
3. The Valley County Assessor information including the property address, accessor
parcel information, and number of bedrooms;
4. Local Contact Person's name, contact telephone number, both physical and mailing
addresses, and email address;
5. Total bedrooms and occupancy;
6. A dimensioned floor plan of the Short -Term Rental unit indicating the name and use
of each room; and location of all egress doors;
7. A site plan of the property including the location and number of parking spaces and
parking access;
8. The signatures of the Owner and Local Contact Person, if different, agreeing and
acknowledging that they are jointly responsible for compliance by the occupant and
any guests with MCC 3.13.09, and all other applicable laws, rules, and regulations
pertaining to the use and occupancy of the Short -Term Rental;
Page 8 of 11
Ord. 1011 Regulating Short-term Rentals
September 8, 2022
9. The date of the mailing to property owners and list of property owners who were mailed
the following information: the address for the Short -Term Rental, the maximum
occupancy and number of vehicles allowed to be parked, and the name and contact
information including telephone number for the Local Contact Person. Such notice of
Short -Term Rental information shall be sent to all property owners within three
hundred feet (300') of the location of the Short -Term Rental.
10. Proof of established Solid Waste, Refuse and Rubbish removal services as described in
Title 5, Chapter 8 of the McCall City Code;
11. Signed acknowledgement of the requirements and standards as set forth in 3.13.09;
12. If any information required in the Application for a Short -Term Rental Permit changes,
the Owner or Local Contact Person shall promptly advise the City in writing delivered
to the City Clerk.
D. A fee commensurate with the cost of the application processing, established by resolution
of the City Council. Any fee changes shall not affect any permits already in process but
shall be applied prospectively for future applications and renewals of existing permits
issued after adoption of such fee by the City Council.
E. Upon receipt of a complete application and payment of all applicable fees (Short -Term
Rental Permit and Fire Inspection fees), the City Clerk shall forward the permit application
to the (a) the City Community and Economic Development Department for review of
compliance with the standards for Short -Term Rentals, and (b) the McCall Fire District for
the schedule of the fire, health and safety inspection. No permit shall be granted unless the
Short -Term Rental unit meets these requirements and has been approved by the McCall
Fire District.
F. Upon approval by the Community and Economic Development Department and McCall
Fire, and proof of compliance, the City Clerk shall issue to each applicant a permit for each
Short -Term Rental unit. A Short -Term Rental Permit shall not be assignable and shall be
valid only for the Owner in whose name it is issued and for the transaction of business at
the rental unit designated therein. It shall at all times be conspicuously displayed at the
location for which it was issued. Issuance of a permit may be subject to additional
requirements as set forth in this chapter.
G. On the face of the permit shall be affixed a Short -Term Rental number which shall be used
by the applicant as an identifying number on all filing, payment, and correspondence with
regard to the non -property tax imposed under this title.
H. A Short -Term Rental permit expires on December 31st of each year; However, if the
residential dwelling identified in the application is sold or title is otherwise transferred, the
permit shall automatically expire upon the transfer of title and the new owner must apply
for a new permit. The application fee will not be prorated.
Page 9 of 11
Ord. 1011 Regulating Short-term Rentals
September 8, 2022
I. A Short -Term Rental permit application may be denied if the applicant, or owner are not
the same, or has had a prior Short -Term Rental permit for the same rental unit revoked
within the past twelve (12) calendar months.
J. Within fourteen (14) days of a change of local contact person, or any other material change
in facts pertaining to the information contained in the Short -Term Rental Permit, the new
proposed local contact person shall submit an update to the Short -Term Rental permit, on
a form provided by the City Clerk, which must be obtained prior to continuing to rent the
subject unit as a Short -Term Rental. An administrative fee adopted by resolution of the
City Council will apply.
K. If a Conditional Use Permit is, or has been granted for a Short -Term Rental, such
Conditional Use Permit shall not authorize use of property as a Short -Term Rental without
also obtaining a Short -Term Rental Permit as provided herein. The provisions of any issued
Conditional Use Permit shall be controlling and shall supersede any provision herein that
is in conflict with the provisions of a duly issued Conditional Use Permit.
4- PENALTIES
A. The City may issue a notice of violation to any occupant or owner(s) pursuant to this code,
if there is any violation of this chapter committed, caused or maintained by any of the above
parties.
B. The City may impose a civil penalty upon any occupant, owner(s) or local contact person,
or pursue criminal enforcement, pursuant to the provisions set forth in Title 3, Chapter 17
of this code.
1. Penalties for Non-compliance: The City may impose a civil or criminal penalty upon
any occupant, Owner(s) or Local Contact Person, found to be in violation of the
provisions of this Section or the provisions of Title 3. Enforcement and penalties shall
be administered according to the Provisions set forth in Title 3, Chapter 17 of this code,
including, but not limited to, the imposition of any and all civil or criminal penalties
set forth therein if there is any violation of this chapter committed, caused or maintained
by any of the above parties. Provided however, the first violation by an Owner or Local
Contact Person of any ordinance relating to the operation and use of Short -Term
Rentals within the City shall result in a fine in the amount of three hundred dollars
($300). The Second violation by an Owner or Local Contact Person of an ordinance
relating to the operation and use of Short -Term Rentals within the City shall result in a
fine in the amount of one thousand dollars ($1,000). The third and any additional
violation thereafter of any ordinance relating to the operation and use of Short -Term
Rentals within the City by an Owner or Local Contact shall be a misdemeanor and shall
result in revocation of the Short -Term Rental Permit for the property that was the situs
of the offense for a period of two (2) years.
C. Any civil penalty or criminal citation shall be subject to further actions in the courts of
Valley County, Idaho, subject to the procedures outlined herein.
Page 10 of 11
Ord. 1011 Regulating Short-term Rentals
September 8, 2022
D. It shall be a public nuisance for any person to commit, cause or maintain a violation of this
chapter, which shall be subject to the provisions of Title 3, Chapter 17 of this code. Note
that these fines are in addition to any imposed in Chapters 11 and 12 of this Title.
Page 11 of 11
Ord. 1011 Regulating Short-term Rentals
September 8, 2022
A SUMMARY OF ORDINANCE NO. 1011
PASSED BY THE CITY OF McCALL, IDAHO
AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO,
AMENDING TITLE 3 PLANNING AND ZONING OF THE MCCALL CITY CODE AS
FOLLOWS: IN CHAPTER 2 DEFINITIONS AMENDING SECTION 3.2.02 MEANING OF
TERMS OR WORDS TO PROVIDE ADDITIONAL DEFINITIONS FOR EVENTS, LOCAL
CONTACT PERSON, AND OCCUPANT, AND REVISING THE DEFINITION FOR
BEDROOM AND DWELLING, SHORT-TERM RENTAL TO CHANGE THE OCCUPANCY
RATE REQUIRING A CONDITIONAL USE PERMIT FROM TWENTY (20) PERSONS
TO ELEVEN (11) PERSONS; IN CHAPTER 3 RESIDENTIAL ZONES AND STANDARDS
AMENDING SECTION 3.3.02 PERMITTED AND CONDITIONALLY PERMITTED USES
WITHIN RESIDENTIAL ZONES CHANGING THE ALLOWED USE FOR DWELLING,
SHORT TERM RENTAL, TO REFLECT THE AMENDED DEFINITIONS OF
DWELLING, SHORT TERM RENTAL, OCCUPANCY FEWER THAN 11 PERSONS AND
DWELLING, SHORT TERM RENTAL, OCCUPANCY 11 OR MORE PERSONS, AND
THE REQUIREMENT FOR A CONDITIONAL USE PERMIT; IN CHAPTER 4
COMMERCIAL ZONES AND STANDARDS AMENDING SECTION 3.4.02 PERMITTED
AND CONDITIONALLY PERMITTED USES WITHIN COMMERCIAL ZONES ADDING AN
ALLOWED USE FOR DWELLING, SHORT-TERM RENTAL, OCCUPANCY FEWER
THAN 11 PERSONS AND DWELLING, SHORT-TERM RENTAL, OCCUPANCY 11 OR
MORE PERSONS AND THE REQUIREMENT FOR A CONDITIONAL USE PERMIT; IN
CHAPTER 13 PERMITS AND APPLICATIONS DELETING SECTION 3.13.036
ADDITIONAL CONDITIONAL USE PERMIT STANDARDS FOR DWELLING, SHORT-
TERM RENTAL WITH OCCUPANCY OF 20 OR MORE GUESTS IN ITS ENTIRETY;
ADDING SECTION 3.13.09 PERMIT STANDARDS FOR DWELLING, SHORT-TERM
RENTALS TO ESTABLISH THE STANDARDS APPLICABLE TO SHORT TERM
RENTALS IN EXCESS OF 11 PERSONS; ADDING A NEW CHAPTER, SHORT TERM
RENTAL PERMITS, TO TITLE 4 BUSINESS REGULATIONS TO ESTABLISH THE
PERMIT PROCESS AND REGULATIONS FOR OPERATION OF A SHORT TERM
RENTAL; PROVIDING A VALIDITY AND SAVINGS CLAUSE AND EFFECTIVE
DATE.
The principal provisions of the Ordinance:
• Amend Section 3.2.02 to add new definitions for Events, Local Contact Person, and
Occupant, and to revise definitions for Bedroom and Dwelling, Short -Term Rental.
• Amend Table 3.3.02 to reflect the amended definitions and revised occupancy rate
requirement for conditional uses.
• Amend Table 3.4.02 to reflect the amended definitions and revised occupancy rate
requirement for conditional uses.
• Remove in its entirety Section 3.13.036 detailing previous conditional use permit standards
for dwellings and short-term rentals with occupancies of twenty or more persons.
Ordinance 1011 Summary
September 22, 2022
• Add Section 3.13.09 to establish a permit process and standards applicable to short term
rentals exceeding eleven (11) persons, including addressing compliance and enforcement.
• Add new chapter entitled, Short Term Rental Permits, to Title 4 to establish the purposes,
permitting requirements and application process, regulatory standards, compliance, and
enforcement and penalties applicable to the operation of short-term rentals.
• Include a validity clause, savings clause, and effective date.
The Ordinance shall take effect upon its passage, approval, and publication according to law.
The full text of the Ordinance is available for review at City Hall and will be provided by the City
Clerk to any citizen upon personal request or can be viewed on the City website at
www.mccall.id.us.
APPROVED BY THE COUNCIL OF THE CITY OF McCall, IDAHO, THIS 22 DAY OF
SEPTEMBER, 2022.
CL
�1`` �e• Oeefe�� 1.6 II
Attest:
By
BessieJo Wegner, CityyCler
Ordinance 1011 Summary
September 22, 2022
Approved:
By
Robert S. Giles, Mayor
WHITE PETERSON
ATTORNEYS AT LAW
KATELIN E. BARTLES
MARC J. BYBEE
WM. F. GIGRAY, III
MATTHEW A. JOHNSON
BRYAN W. KNOX
WILLIAM F. NICHOLS *
ANDREA H. NIELSEN
BRIAN T. O'BANNON *
WHITE, PETERSON, GIGRAY & NICHOLS, P.A.
CANYON PARK AT THE IDAHO CENTER
5700 E. FRANKLIN RD., SUITE 200
NAMPA, IDAHO 83687-7901
TEL (208) 466-9272
FAx (208) 466-4405
EMAIL: mjohnson@whitepeterson.com
September 13, 2022
City of McCall
BessieJo Wagner, City Clerk
216 E. Park St.
McCall, ID 83638
Delivered electronically to bwagnerAmccall.id.us
Re: Summary Certification Ordinance 1011— Short Term Rental Permits
Dear BessieJo,
PHILIP A. PETERSON
WILLIAM L. PUNKONEY
TERRENCE R. WHITE
OF COUNSEL
WILLIAM F. "BUD" YOST
OF COUNSEL
* Also admitted in OR
Opinion: As a legal advisor for the City of McCall, please consider this my statement and
opinion that the attached summary is true and complete and provides adequate notice of the contents
of said ordinance to the public.
Requested Action: Upon passage of the ordinance please proceed to file this statement
with the original ordinance in the Ordinance Book of the City of McCall, as required by Idaho Code
50-901A (3).
Sincerely,
WHITE PETERSON
Matthew A. Johnson