July 2023 Proposed STR Ordinances

Two STR ordinances were introduced at the July 11, 2023 City Council meeting. Both would require all STRs operators to obtain a permit and follow a number of restrictions. The key difference is that Ordinance #31 authored by Councilman Andy Naquin would also completely ban STRs in RS-1 residential zones (75% of the city). The other Ordinance #32 authored by Pat Lewis would allow STRs in RS-1 zones but would not allow individual rooms for rent.

Read the Ordinances

Summary
•Both ordinances require all STR owners to get a permit and follow these rules. Permits are $100/year. You must provide the owner’s contact info and the info of an agent (you can be your own agent).

•The agent (or owner) must be available 24/7 and be able to respond within 1 hour or 30 minutes from 11pm to 7am.

•You must place a sign in your home with your contact info. You must notify the first and second adjacent properties that you are applying for a license.

•One-night minimum. No parties or events for a fee in RS or RM zones.

•You must rent out a whole house or “dwelling unit” defined as a room or rooms with a bathroom and kitchen that a family could live in. No individual room rentals.

•No matter what, you may continue to operate for one year. If you are in an allowed zone and want to continue, you must register for a permit by December 31, 2023.

Section by Section Explainer
The ordinances are largely the same. Print one out or open it on another device to follow along with our explainer.

ORDINANCE NO. CO-95-2023

PAGE 1 WHEREASES
These sections say: #1 the city recognizes that technology has expanded the use of short-term rentals, #2 the city will be creating a Chapter 73 and amending the existing Chapter 89 of the city zoning codes to address STRS.

73-1: The city wants to create reasonable rules and believes they are necessary to promote general well-being and safety.

73-2: This is only for the City of Lafayette. It doesn’t override existing HOA or covenants. There is no grandfathering.

73.3: Refer to the attached use table. STRs are allowed in any zone with a P. They also must be in a type of listed residence that is allowed in that zone. That said, if they already exist in another type of building, they may be allowed to continue but they’ll still need a permit.*

*This is the main section where the ordinances differ. One has a P in RS-1 and allows STRs there, the other does not.

73.4: Holding a STR license is a privilege, not a right. The City may change the rules at any time.

73.5: Licenses are non-transferable and are not attached to the specific property.

73.6: The City isn’t liable for anything, no matter what.

73.7: Definitions. The most important of these is that of a Dwelling Unit, which is : one or more rooms, including a bathroom and complete kitchen facilities, which are arranged, designed, or used as living quarters for one family. So, a garage apartment is a unit; one side of a duplex is a unit. A mother-in-law suite with it’s own kitchen and bathroom is fine.

73.8: Follow all existing laws.

73.9: You have a duty to cooperate with the Planning & Zoning Director upon request.

Licenses
73.15:
You have to get a license.

73.16: (a-b) You have to submit an application for a license which will include:
(1) A $100 payment
(2) Physical address and number of guest rooms
(3) Evidence that you don’t owe the city any taxes or penalty fees on the property.
(4) LLC or other business documents
(5) Name and contact of both the operator and an agent that will be available 24/7. (The operator can also be the agent.)
(6) A signed affidavit that you own the property.
(7) Acknowledgement you read the rules.
(8) Acknowledgement you will do your best to not disrupt the neighborhood.
(9) The number and location of all legal parking spots on the property.
(10) Evidence that you have notified your first and second adjacent neighbors by certified mail that you are seeking an STR license. The notification will include all contact information.
(11) Proof that you are registered with LPSS to pay occupancy taxes.
(12) Proof that you have not previously had your STR permit revoked.

73.16: (c) An abandoned application will be tossed after 45 days and you’ll have to start over.

73.16: (d) If your contact information changes, you must notify the city inside (10) days and your neighbors inside (5) days.

73.16: (e) The city might require additional licenses at some point.

73.17: (a) Your first license will be good from the day you receive it until December 31 of that year. You may renew for the next calendar year.
(b) You must apply for a renewal by Oct. 31 of each year and it costs $100. You must include any new information or a notarized statement that nothing has changed.
(c) Licenses are only good for one year.
(d) If the city isn’t able to complete your renewal application in time, they’ll extend your current license.
(e) You have no right for a renewal. The Director can deny a renewal for any reason.

73.18: If your license has been revoke, you can’t get another license for (2) years.

Rules
73.24:
 You must have a sign inside your STR with your agent’s contact info. (The owner can be their own agent.)

73.25: STR agent responsibilities must service any property notices and monitor the STR for compliance with these rules in this ordinance. Agents must be available 24/7 and able to reply within 1 hour, or 30 min between 11pm and 7am. They must also maintain a log of complaints that may be requested by the Director.

73.26: There are a few restrictions:
(a):
 One-night minimum.
(b): No parties or events for a fee in RS or RM zones.
(c): Only the entire dwelling or dwelling unit may be rented, not individual rooms.
(d): The max number of rooms you may rent is 4 and the max occupancy is 2 people per room. This applies to each license (listing) not the total property.

73.27: The Director has the authority to revoke a license for any reason. The first step is an informal meeting with the Director. Within (14) days of that meeting, you’ll get a written decision. You may appeal all decisions to District Court.

LDC Chapter 89 Amendments

Section 3: Use Tables
Both ordinances include the use tables referenced in 73-3. STRs are allowed in zones with a P next to their listing.

Section 4: Definitions
STR-related terms are defined here again, including the term Short-term rental:
The provision of a Dwelling or Dwelling Unit that offers one or more guest rooms, and that is suitable and utilized solely for temporary residential occupancy for a period of fewer than 30 consecutive days, in exchange for compensation.

Section 5: General Definitions
Several terms are defined again in this section.

Section 6: All currently operating STRs may continue to operate for one year from the effective date, even if they are in a zone where they will be banned. If you are not in a banned zone, you must apply for a permit before December 31, 2023.

Section 7: All contradictory regulations are automatically repealed.

Section 8: The effective date of this ordinance will be 10 days after it is passed by the city council unless vetoed by the mayor.

That’s it! Super simple : )