108-11-4 Prohibitions

An STR license shall not be issued for, and no person shall operate a short-term rental in, any of the following: 1. Building not approved for residential occupancy. Any building or portion of a building that has not received approval for residential occupancy or does not have a certificate of occupancy, where required. 2. Accessory dwelling unit. An accessory dwelling unit, including an internal accessory dwelling unit, unless expressly authorized by state law and City ordinance. 3. Restricted or reserved housing. Any dwelling unit reserved, restricted, deed-restricted, or otherwise approved for workforce housing, moderate-income housing, affordable housing, or other restricted housing purpose. 4. Unpermitted zone or approval. Any location where short-term rentals are not allowed as a permitted use, conditional use, or other approved use under the applicable zone, development agreement, PRUD approval, or other governing land-use approval. 5. Unapproved portions of property. Any garage, shed, yurt, tent, recreational vehicle, trailer, temporary structure, exterior sleeping area, or other area not approved as part of the licensed residential unit and shown on the approved floor plan. 6. Private restrictions not superseded. Issuance of an STR license does not supersede, invalidate, interpret, waive, or affect any private covenant, condition, restriction, homeowners association rule, deed restriction, lease restriction, or other private agreement. The City does not interpret, enforce, or adjudicate private restrictions. As part of the application, the applicant shall certify that the applicant has reviewed applicable restrictions known to the applicant and that operation of the STR is not prohibited by any such restriction known to the applicant.