Commission refines short-term rental application; asks for fire marshal signature and legal review

Fountain Green’s Planning & Zoning Commission spent the bulk of its Oct. 9 meeting reviewing a proposed short-term rental (STR) application tied to Chapter 11.33 and agreed to several edits before forwarding the form to the city council for final action. Commissioners asked that the form include a clear signature or initials block for the fire marshal (inspection stamp and date), require a parking plan demonstrating adequate off‑street spaces, and make explicit that the owner may set a maximum occupancy not to exceed any limit determined by the fire marshal.

Commission members debated process and enforcement: staff described a workflow in which applicants submit the STR application and supporting documents to city staff, pay any applicable business-license fees, and then have the fire marshal perform an inspection and initial the form. Commissioners asked that the form include fields showing that fees have been paid and a city-office verification block. Several commissioners also requested that the city attorney (Shay) review the draft to identify any conflicts with state law related to administrative fines or enforcement procedures.

On occupancy and enforcement, commissioners said the ordinance allows an owner-imposed maximum occupancy ‘‘not to exceed the capacity of the STR space’’ and emphasized that any owner-declared limit must not exceed the fire marshal’s determination. Commissioners clarified they are creating an administrative application mechanism to help the city enforce the ordinance already in place: the form helps the city office and code-enforcement staff confirm compliance and trigger inspections when complaints arise.

The commission recommended adding a signature block for the fire marshal, a city office verification (fees paid) block, and a requirement for a parking sketch or photographs showing off-street parking. Commissioners also requested a legal check on the proposed administrative enforcement language and recommended presenting the revised form to the city council at its next meeting.

"By signing this form, the applicant has said I will comply with that," one commission member said while describing the parking and occupancy attestation requirement. The commission also discussed the lack of grandfathering for operators who have been offering STRs prior to the ordinance; the chair summarized that prior operation alone does not create a lawful exemption under the new ordinance.