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(1) It is unlawful for any person to keep, conduct, operate or maintain a rental dwelling or a short-term rental dwelling within the City without a business license for such dwelling. A person who owns multiple-rental dwellings or multiple buildings containing rental dwellings is not required to obtain more than one (1) business license for the operation and maintenance of those rental dwellings.

(2) It is unlawful to maintain a short-term rental dwelling in any agricultural or residential zone. A short-term rental dwelling which is leased or rented more than one (1) time in any thirty (30) day period shall be prima facie evidence that the use of the building is a short-term rental dwelling.

(3) A business license for a rental dwelling or a short-term rental dwelling is not transferable between persons or structures. Any person holding such license shall give written notice within thirty (30) days to the business license official after having transferred or otherwise disposed of legal or equitable control of any rental dwelling licensed under this Chapter. Such notice of transferred interest shall be deemed a request to cancel an existing business license for such rental dwelling and shall include the name, address, and information regarding the person(s) succeeding to the ownership or control thereof. The new owner shall obtain a business license as required by this Chapter.

(4) A business license shall not be required for a dwelling unit which is ordinarily owner-occupied but is temporarily rented because:

(a) the owner is placed in a hospital, nursing home, assisted living facility or other similar facility, or

(b) the owner has a bona fide, temporary absence of three (3) years or less for activities such as temporary job assignments, sabbaticals, or voluntary service. Indefinite periods of absence from the dwelling shall not qualify for this exception.

(c) As used in this subsection owner occupancy means:

(i) a natural person who possesses fifty percent (50%) ownership or more in the dwelling and said dwelling is the primary residence of such person; or

(ii) a family trust created for the primary purpose of estate planning by one (1) or more trustors who create the trust, place the dwelling in such trust, and whose primary residence is such dwelling.

(Enacted 2003-01, Am 2006-14, Am 2008-17, Am 2021-27)