§ 25-2-793. DETERMINATION OF SHORT-TERM RENTAL DENSITY.

(A)

The director shall determine on an annual basis the total number of single-family, detached residential structures within each census tract and use that number to calculate the maximum number of licenses for Type 2 short-term rentals that may be issued under Section 25-2-791 ( License Requirements ).

(B)

The determination required under Subsection (A) of this section shall be based on the most current utility records for each census tract within the zoning jurisdiction and may not be revised until the next annual determination is made.

(C)

For a short-term rental use regulated under Section 25-2-790 ( Short-Term Rental (Type 3) Regulations ), the Director shall determine based on active license records following receipt of an application that complies with the requirements of Section 25-2-791(B) ( License Requirements ) whether issuance of the license would result in the short-term rental use of more than 3% of the total number of dwelling units at the property or more than 3% of the total number of dwelling units within any building or detached structure at the property.

(D)

For a short-term rental use regulated under Section 25-2-789 ( Short-Term Rental (Type 2) Regulations ), one short-term rental (Type 2) license per census tract may be permitted if no other property within the census tract is currently licensed as a short-term rental (Type 2 or Type 1 secondary dwelling unit or secondary apartment) use and the use complies with all other license requirements, even if approval of a single Type 2 license in the census tract would otherwise exceed the density cap under Subsection (A) or (B) of this section or fail to meet the standard of Section 25-2-791(C)(3).

(E)

For a short-term rental use regulated under Section 25-2-790 ( Short-Term Rental (Type 3) Regulations ), one short-term rental (Type 3) license per property may be permitted if no other dwelling unit or structure in the building or at the property is currently licensed as a short-term rental (Type 3) use and the use complies with all other license requirements, even if approval of a single Type 3 for the building or property would otherwise exceed the density cap under Subsection (C) of this section or fail to meet the standard of Section 25-2-791(C)(4).

Source: Ord. 20120802-122; Ord. 20130926-144; Ord. No. 20151119-080, Pt. 7, 11-30-15 .