Shelby County |
Code of Ordinances |
Chapter 8. BUSINESSES AND BUSINESS REGULATIONS |
Article XVIII. SHORT TERM RENTAL OF RESIDENTIAL PROPERTY |
§ 8-804. Definitions.
The following words, terms and phrases, when used in this article, shall have the meaning ascribed to them in this section. The word "shall" is always mandatory and not merely advisory.
Consideration means the charge, whether or not received, for occupancy of a short term rental unit, valued in money, whether received in money, goods, labor, or otherwise, including all receipts, cash, credits, property and services of any kind or nature without any deductions. Nothing in this definition shall be construed to imply consideration is charged when the short term rental unit provided to the person is complimentary from the operator and no consideration is charged to or received from any person.
Dwelling means any building or structure or part thereof, including single, two-family, and multifamily dwellings, used and occupied for human habitation or intended to be so used including any accessory building and appurtenances (right-of-way, i.e. driveway) belonging there or usually enjoyed therewith.
Dwelling unit means a single unit within a dwelling with one or more rooms arranged for the use of one or more individuals with access to common are (i.e. cooking, living, sanitary and sleeping facilities).
Hosting platform means a person or entity that participates in short term rental business by providing a means through which an owner may offer a short term rental property for transient use, typically for a charge or fee. This business service is usually, though not necessarily, provide through an on-line platform that allows an owner to advertise through a website or mobile application and provides a means for potential tourist or transient users to arrange transient use and payment, whether the transient pays directly to the owner or to the hosting platform.
Occupancy means the use or possession, or right to use or possession, of any rooms, lodging, or accommodation.
Short-term rental property means a residential dwelling unit, a portion of a dwelling unit or detached accessory dwelling unit containing not more than four sleeping rooms which are used and/or advertised for rent for transient occupancy by guests. A residential dwelling unit or detached accessory unit rented to the same occupant with a written month-to-month lease, or for more than 30 consecutive days, dwelling units owned by the federal government, the state or any of their agencies or political subdivisions, facilities licensed by the state as health care facilities including temporary family healthcare structures, campgrounds, bed and breakfast establishments, boarding houses, hotels and motels shall not be considered short term rental property.
Technical Code shall include the most recently adopted Building Code, Existing Building Code, Plumbing Code, Mechanical Code, Fuel Gas Code and Fire Prevention Code.
Transient means any natural person, who exercises occupancy or is entitled to occupy any rooms, lodging or accommodation.
(Ord. No. 488, Exh. A, 8-13-2018)