Douglas County legal - 33532

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On 5/4/2023, the Douglas County Board of

Commissioners INTRODUCED the following

ordinance:

ORDINANCE: 2023-1617

TITLE: Ordinance 2023-1617, an ordinance

amending various provisions of Chapter

20.622 of the Douglas County Code,

relative to vacation home rentals within the

Tahoe Township.

SUMMARY: Ordinance 2023-1617, an

ordinance amending various provisions

of Chapter 20.622 of Douglas County

Code, relative to Vacation Home Rentals

(“VHRs”) in the Tahoe Township. These

changes arise out of recommendations

made by the VHR Advisory Board. The

changes include, but are not limited to:

(1) reorganizing the location of certain

provisions to make the chapter easier to

read and comprehend; (2) removing or

modifying language that was unclear and/

or repetitive; and (3) adding provisions

to assist with enforcement and promote

the purpose of the chapter, including

(a) a new daytime occupancy limit for

Tier 2 and Tier 3 VHRs that is double the

units’ nighttime occupancy limit; (b) a

requirement that certain properties with

nighttime occupancy levels exceeding two

individuals per bedroom ensure that the

additional guests are 18 years of age or

younger; (c) a new density limitation that

VHRs not exceed 15% of the total number

of dwelling units located within any given

residential community, with the exception

of the Tahoe Village TRPA plan area,

which has a density limitation of 40%; (d)

new standards for noise monitors and a

provision requiring them for properties that

have been the subject of a substantiated

noise complaint; (e) a requirement that

applicants hold a valid Tier 2 VHR permit

for a period of 12 months before being

eligible to apply for a Tier 3 special use

permit; (f) a requirement that the County

be a named insured on all required general

liability insurance policies; (g) a prohibition

against using umbrella policies to achieve

minimum insurance liability coverage;

(h) a requirement that licensed property

managers be used for all Tier 3 VHRs and

Tier 2 VHRs permitted for 10 occupants,

and that such property managers reside

and work within one hour of any VHR they

manage; (i) a provision allowing owners

who reside within an hour of a Tier 3 VHR

to act as a property manager for the VHR;

(j) a requirement that owners contract

with a waste management company for

regular trash removal; (k) a description

of the methodology used by the County

to calculate the number of permitted

parking spaces associated with a VHR;

(l) a requirement that all Tier 3 VHRs have

one available parking space for every four

occupants; (m) a requirement that owners

must submit a VHR renewal application

prior to the expiration of their VHR

permit; (n) requirements for advertising,

including a prohibition against misleading

ads that list bedrooms or bed numbers

that imply higher occupancy limitations;

(o) a modification to the fine structure,

allowing for fines of up to $2,500 per day,

per violation, but capping maximum fines

at $20,000; (p) a requirement that VHR

permits be revoked or suspended after

two substantiated code violations; (q) a

provision that would allow the County to

prohibit certain individuals from acting

as local licensed property managers or

locate contacts when the individual has

failed to comply with the code on two or

more occasions; (r) a prohibition against

reapplying for a VHR permit for one year

after a VHR permit has been revoked,

and a permanent ban after a VHR has

been revoked a second time; and (s) a

requirement that VHRs not be subdivided

into smaller units.

The 2nd Reading of this Ordinance will be

held on 6/1/2023. A copy of this ordinance is

on file in the Clerk’s Office for public review.

Pub Date: May 10, 2023 Ad # 33532