West Fargo Planning and Zoning Commission adopts short-term rental licensing ordinance after public debate

The West Fargo Planning and Zoning Commission voted to adopt a short-term rental ordinance that establishes a licensing structure for properties rented fewer than 29 days, the commission said during its regular meeting.

The measure, described in staff materials as a zoning ordinance amendment to Title 4, removes language from an earlier draft that would have limited short-term rentals (STRs) to an owner'occupied primary residence. "The reference to the 29 days within the ordinance is really a distinction between short term rental versus just standard long term rental," a staff member said during the public hearing.

Why it matters: Commissioners said the licensing requirement will give the city data on how many STRs operate in West Fargo and where they are located, which they said is necessary before considering more restrictive rules. Public commenters disagreed about whether the city should prioritize protecting housing supply and neighborhood character or allow broader STR operations.

Staff presentation and changes Staff told the commission the ordinance before them is an updated version of an earlier March draft. The primary change since the prior meeting was removal of the language requiring an STR to be the owner's primary residence, allowing short-term rentals to operate in any legal dwelling unit in the city if properly licensed. The staff report included a clean version of the updated ordinance and a redline showing edits since the last meeting.

Public comment Several residents testified at the public hearing. Tyler Erickson, who identified himself as a West Fargo resident, said he supported the earlier March 2025 draft that required STRs to be an owner'occupied primary residence. "I urge the commission to reconsider the March 2025 version of the ordinance that contemplates the requirement that the STR be the owner's primary residence so that we preserve the residential and family focused fundamentals of West Fargo's neighborhoods," Erickson said.

Other speakers favored licensing rather than a residency restriction. Eric Stewart urged the commission to "make decisions based off of information," saying a licensing and tracking system would allow the city to gather data on complaints and the actual impact of STRs. Another speaker who manages multiple properties said the removal of the primary-residence requirement and allowing LLC ownership were acceptable, while recommending reasonable regulations such as inspections and accountability for safety issues.

Key provisions and clarifications - Short-term rentals are distinguished from long-term rentals by a 29-day threshold; stays longer than 29 days are treated as residential use with no licensing required, staff explained. - The draft contains occupancy limits consistent with the city's residential occupancy standards: no more than five unrelated persons in a dwelling unit (families as defined by ordinance may exceed that number). - The ordinance permits entities such as LLCs to hold STR licenses; a prior draft'-era restriction on LLC ownership was removed when the primary-residence requirement was removed. - The draft spells out enforcement options and penalties (staff referenced a penalties section in the draft ordinance, 10-16-05), and includes procedures the city may use if complaints arise.

Commission action A motion to adopt the amended ordinance passed after discussion. The chair called for the vote and the motion passed with one objection; no individual roll-call votes were recorded in the meeting transcript.

Next steps The commission adopted the ordinance as presented at the meeting; the record of the meeting did not specify additional procedural steps in the same session.

Sources: Staff presentation; public hearing testimony from Tyler Erickson, Eric Stewart, Noah Ford Dunker and other members of the public; Planning and Zoning Commission vote recorded in the meeting transcript.