Fountain Green planning commission advances short‑term rental rules, sets owner‑occupancy, inspection and response requirements

Fountain Green — The Fountain Green Planning Commission moved forward with new rules to regulate residential short‑term rentals (STRs) after a public hearing focused on definitions, owner‑occupancy requirements and operational standards.

The commission discussed an STR section to be added to the city code that would allow STRs only in owner‑occupied dwellings in most residential zones, require a business license, mandate an annual building and fire safety inspection, require an on‑site or locally available designated contact who can respond quickly to problems and require owners to supply an on‑site informational packet for guests. Non‑owner‑occupied STRs would be allowed only in the historic business district under the proposed language.

Commissioners and staff debated how to measure “owner occupied.” The draft requires the record owner to certify on an affidavit that the property is the owner’s primary residence and that the owner resides at the property at least 183 days per year (not required to be consecutive days). The commission left that 183‑day threshold in the draft after discussion about alternatives such as a 51 percent threshold.

The draft sets other operational limits and requirements: only one designated STR area per property, STRs must provide off‑street parking for occupants and guests, a single renter or rental party is allowed at any one time, STRs may be rented for not fewer than one night and may not be used as an STR for more than 182 nights in a year. The draft also assigns responsibility for maintaining noise, nuisance and property maintenance standards, and proposes that owners remove snow from sidewalks within 24 hours after a snowfall.

The commission spent extensive time on safety and enforcement details. STRs must pass a building and fire safety inspection conducted by the city’s designated official; the commission confirmed inspections will be required at each business license renewal (annually). The draft requires a 24/7 telephone contact for the owner or a designated representative and—after discussion—the commission instructed staff to make the physical‑response requirement 30 minutes (staff had earlier proposed one hour in one clause and 30 minutes in another; the commission directed staff to reconcile them to 30 minutes). The body also discussed whether the designated local contact must have authority to evict problem guests; commissioners emphasized the contact should be able to respond and take immediate action when necessary.

On enforcement and transfers, the draft says an STR business license does not automatically transfer when a property is sold; a new owner would need to apply. The proposed termination language requires that if the record owner changes without a new STR application or if the record owner no longer permanently resides at the primary dwelling, the STR must be vacated and may no longer operate as an STR.

Commissioners also debated several drafting details that remain unresolved: whether internal accessory dwelling units (ADUs) in sensitive lands should be allowed, the precise wording of parking and occupancy tables in the zoning use tables, and whether to require a 30‑minute or one‑hour physical‑response window (the commission directed staff to use 30 minutes). Commissioners asked staff to tidy cross‑references and to make sure the affidavit, fee schedule and related materials make clear which submissions are required only for major subdivisions or major actions versus which apply to simpler administrative applications.

After discussion, the planning commission voted to recommend the STR language (chapter 11 additions including section 11.33) and related ordinance edits be forwarded to the Fountain Green City Council for final action; the commission also asked staff to reconcile the few remaining inconsistencies and to provide a clean, final draft for the council packet.

Why it matters: Fountain Green’s new STR rules would create a local licensing program, add enforceable design and safety standards, and establish resident‑occupancy limits intended to distinguish occasional owner‑hosts from full‑time commercial rentals. The requirements—annual inspections, parking plans and a local emergency contact—aim to balance hosting opportunities with neighborhood safety and livability.

What’s next: Planning staff will revise the draft per the commission’s direction, reconcile the 30‑minute response language across clauses, and submit the consolidated chapter 11 changes and related fee/affidavit materials to the City Council for consideration and final adoption.