1. Primary Goal of the Proposed Bear Lake County Ordinance:
The Bear Lake County Ordinance primarily aims to establish sustainable regulations for the rapidly growing Short-Term Rental (STR) industry, which is becoming increasingly integral to the local economy. Those interested can read the actual ordinance here.
2. Effect on Occupancy Limits for STRs:
The proposed ordinance, based on an analysis of 20 sample vacation homes in Bear Lake County, would decrease occupancy by an estimated 40.1%. A core contention with this policy is its approach to occupancy restrictions. The ordinance proposes an adjustment where occupancy is calculated at 4 people per bedroom, regardless of the total livable square footage of the property. Such a blanket application might not consider the diverse range of property sizes and layouts, potentially limiting larger homes that can comfortably and safely accommodate more guests
3. Restrictive or Beneficial Aspects:
Restrictive:
- Using the number of bedrooms as the sole metric for occupancy limits is viewed as narrow-sighted. The advocated industry standard is to account for 1 person per 50 livable square feet.
- The standard demanding the manager's proximity to the property within 30 minutes is also viewed as limiting, especially with the housing crisis. A more flexible duration, like 1 hour, would be more realistic.
- The proposed registration fee of $500 is notably higher than the national median, which stands at $150 as per VRMA Advocate.
Beneficial:
- The ordinance's definition of a parking space is commendable, suggesting one parking space for every four individuals.
- Elevating the minimum liability for insurance from $500,000 to $1,000,000 could be more aligned with industry realities.
4. Comparison with Neighboring Regions:
Bear Lake County's proposed regulations seem more stringent in terms of occupancy limits. St. Charles, Idaho, has set an occupancy limit of 1 person per 100 square feet (see St. Charles' regulations), and Garden City allows for 2 persons per 100 square feet (read Garden City's regulations).
5. Potential Legal Implications:
A legal analysis highlights the potential conflicts between the proposed ordinance and the state of Idaho's regulations. Key concerns include:
- Prohibition and Over-regulation: Idaho's statutes lean towards a more STR-friendly approach. The current draft of the ordinance might contradict these principles, as highlighted by Idaho Statutes.
- Possible Takings: The occupancy restrictions could be interpreted as a taking, infringing on property rights.
- Retroactive Application: Applying these rules to existing STRs could be deemed illegal under Idaho's laws against retroactive legal enforcement.
6. Gray Areas in the Ordinance:
The ordinance does present certain areas that may require more clarity:
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Determination of "Livable Square Feet": Stakeholders could benefit from a clear definition, potentially one that excludes areas like garages, patios, or unfinished basements.
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Criteria for License Revocation: Clearer guidelines are required regarding the specific scenarios or number of violations that could lead to an STR losing its license.
7. Addressing Other Concerns:
Upon a thorough review of the actual ordinance as proposed, a few elements emerge related to additional concerns:
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Noise Control: The ordinance could benefit from establishing noise levels and quiet hours, thereby protecting the peace and quiet of the neighborhoods.
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Traffic Mitigation: There’s a need for stipulations on how traffic flow and parking will be managed, especially during peak seasons, to prevent congestion.
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Environmental Impact: Considerations should be made to ensure STRs don’t contribute to environmental degradation, such as waste management standards.
8. Public Input Process:
There's a scheduled public hearing at the Paris Courthouse on October 18th at 7 pm.
9. Ensuring Compliance:
Property owners are strongly encouraged to:
- Join and Consult with the Alliance: By joining the alliance, members will have access to our workshops or webinars designed to help expand their businesses, offer clarity on the ordinance, and ensure its implications are understood.
10. Enforcement:
While the tiered system of warnings and fines is comprehensive on paper, there are concerns about its feasibility:
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Capacity of Local Law Enforcement: Given the current workload of the local law enforcement agencies, there’s uncertainty about their ability to efficiently enforce these new rules.
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Clarity on Fines: A detailed breakdown of fines for specific violations could offer a clearer roadmap for STR owners.
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Timely Response: With the potential for rapid turnarounds between renters, timely enforcement becomes crucial to ensure compliance.
Sources and Reference Links:
- Idaho Statutes on STRs
- Actual Proposed Ordinance
- Garden City's Regulations 2023-6
- St. Charles' STR Regulations
- VRMA Advocate's Resources on Ordinances
- VRMA Advocate's Litigation Victory Examples
- Paris Courthouse Location