County approves vacation cabin regs

_{By ELIZABETH LADEN}

Regs are ‘negative for the economy’ and a ‘significant intrusion into private property rights.’ — Idaho Realtors

FREMONT COUNTY, ID. — The Fremont County Commission today (Monday, Feb. 8) voted unanimously to approve an ordinance that will regulate vacation cabin rentals and some home businesses. The item had a 20-minute slot on the commission’s meeting agenda, and because a public hearing on the regulations took place last month, no further public discussion was allowed.

Fremont County Planning Administrator, Kurt Hibbert, said he is reviewing the ordinance, which was written by deputy Prosecuting Attorney, Blake Hall, so he understands how he will go about enforcing the new regulations. He said he is also looking at how the ordinance dovetails with the development code. Commissioners approved it as a code amendment.

One of the ordinance’s major impacts is that it ignores residential zoning in residential neighborhoods where there are vacation cabin rentals. It states that the County Commission, “declares that the use of a residential dwelling or home, or any part thereof, for the purpose of short-term or transient rental is a commercial use...”

When the ordinance goes into effect in six months, vacation cabin rental owners, some home business owners, and owners of small residential care facilities, will be required  to apply for a two-year Class 1 permit to stay in business. Hibbert said people can download the Class 1 permit application from the county’s Web site. It’s on the Planning and Building Department’s page, or stop by his office and pick one up. He said people can also call him with questions (624.4643). The permit fee is $210.

The ordinance states that vacation cabins provide, “a community benefit by expanding the number and type of lodging facilities available.”

It goes on to note that vacation cabins are also, “a community concern, due to the potential for increased traffic, noise, and density in residential neighborhoods if these uses are not properly regulated.” It notes that vacation rental cabins have the potential to “exceed standards for the design capacity of such structures and to cause health and safety problems, and as such may constitute a danger to life and adjacent property; and ... minimum health and safety standards are necessary to protect both the citizens of the county and the occupants of transient rentals.”

The ordinance requires owners of cabin rentals to list on their Class 1 application a contact person in Fremont County who will be able to respond if there is a problem when the cabin is rented. This person’s name and number must also be available to the renter and to the residents of the neighborhood where the cabin is located.

According to the ordinance, home occupation permit owners must, “demonstrate compliance with certain public health, safety and welfare considerations.” This includes:
 
• The applicant must submit written evidence from the dwelling’s water service provider that the service account is in good standing and of adequate service capacity for the proposed  use.

• If the dwelling is served by either a private or community well, applicant must submit the results of a water sample test from a professional water testing service or laboratory of water drawn from inside the dwelling. This test must be performed immediately prior to each renewal period, with a copy of the lab report submitted with the renewal application.

• If applicant's dwelling is served by a municipal or county sewer system, applicant must submit written evidence from the sewer service provider that the service account is in good standing and of adequate service capacity for the proposed home occupation use. This verification is required to be updated and submitted with any renewal application.

• If applicant's dwelling is served by either a private or community septic system, applicant must submit the results of both a condition evaluation and a capacity evaluation.
    Condition Evaluation. A report from a professional septic system installer or servicman rating the overall condition of the septic system, the septic tank capacity, the next estimated date for tank pumping, and any concerns with installation, condition, and performance.
    Capacity Evaluation. Fremont County will only accept an evaluation from Eastern Idaho Public Health District stating the rated peak and continuous capacity of the installed septic system. This rating will be used to determine the maximum allowable occupancy or employee count for an approved home occupation permit, based on waste water generation of 75 gallons per person per day. An applicant is free to retrofit or replace a septic system to achieve higher capacity and upon installation verification by Eastern Idaho Public Health District, the home occupancy permit will be amended without charge.

• The applicant shall be responsible for installing, testing, and maintaining smoke detectors, carbon monoxide detectors, and fire extinguishers specific to the proposed home occupancy use, per manufacturer's instructions and as required by code. All detectors shall be tested semi-annually per the manufacturer's instructions. Specific guidelines for proper installation and maintenance can be obtained from the Fremont County Planning and Building Department or the local fire department.

• In the case of a proposed transient rental use, the applicant shall be responsible to understand the Fremont County Open Burning Ordinance, to post the Open Burning Ordinance in a conspicuous place, and to inform all guests, tenants, lodgers, and visitors of the ordinance and its consequences.

• There shall not be any noise, litter, or odor noticeable at or beyond the property line resulting from the use of the dwelling for home occupancy. Weekly solid waste collection service shall be provided, along with a sufficient number of suitable garbage receptacles. Except on collection day, these garbage receptacles shall not be readily visible from the street. Trash in plastic bags shall not be placed outside of garbage receptacles. Where applicable, animal- and pest-proof garbage receptacles must be used.

• Home occupations may be located within dwellings and/or accessory buildings, or any part thereof.

• No home occupation shall have more than two part- or full-time employees who are not members of the resident family.

• Vehicular traffic generated by the use of the dwelling for home occupancy shall not exceed what is reasonably expected within a residential neighborhood.

• Home occupations shall provide off-street parking for all employees, guests, lodgers, visitors, etc., and any vehicles associated with the home occupation in compliance with the requirements of the development code’s Appendix C. All camper trailers, boat trailers, utility trailers, transport trailers, or any other type of trailer must also be parked off-street.

• Storage of any materials or solid waste associated with a home occupation shall be in an enclosed structure, or in an area that is effectively screened from public view.

• Excluding the contact information signs, home occupations may display only the following signs: one non-illuminated wall sign of no more than six square feet, and one non-illuminated, onsite directional sign of no more than four square feet.

• Applicants must provide their Idaho State Tax Commission Registration information. Failure to collect and remit any and all applicable sales and use taxes may result in permit suspension or revocation.

• The applicant shall grant permission to Fremont County and Eastern Idaho Public Health District to perform a physical inspection of that part of the dwelling and premises used for home occupancy at least once a year. The County will notify applicant with at least five days' notice of an upcoming inspection and will conduct the inspection during traditional business hours. The inspection shall be constrained to only those applicable items defined in this Ordinance and Appendix.

• The County shall, in writing, notify the applicant of any deficiencies identified in the inspection, along with the reasons therefore, and serve such notice either by personal service or by certified mail, with service being effective upon mailing. Any deficiencies identified during an inspection must be corrected within 30 days of notice, with written evidence of the corrections provided to the County. Failure to correct deficiencies in the allotted time may result in suspension or revocation of the Home Occupation Permit. If the same deficiency is found to occur three times within the permitted time period, the permit shall be revoked with applicant prohibited from re-applying for two  years from the date of the revocation.

Island Park citizens first proposed regulating vacation cabins around five years ago when some renters created noise, traffic, and parking problems in neighborhoods. Since then, there have been several revisions of the initially proposed ordinance, and several public hearings. There were more supporters than detractors at the first round of hearings, the comments were around 50-50 during the next round, and in the next  round, there were more opponents. In the most recent public hearing on the ordinance, all 14 people who testified were against the regulations. The Association of Idaho Realtors also opposes it, and opposed 2007, 2008, and 2009 drafts regulating vacation cabin rentals. In a January 26, 2010 letter, the association asks the commission to “reject” the proposed ordinance.

Commissioners voting for the ordinance were Paul Romrell, chairman, Skip Hurt, and Lee Miller.

The Association of Idaho Realtors also opposes it, and opposed 2007, 2008, and 2009 drafts regulating vacation cabin rentals. In a January 26, 2010 letter, the association asks the commission to “reject” the proposed ordinance.

The letter states that the ordinance is, “of questionable legal merit, confusing in its placement in the (development) code, negative for the economy of Fremont County, and unjust to existing residents. As drafted, this proposal also appears to be a significant intrusion into the private property rights of landowners in Fremont County. While we certainly recognize the problems that may exist with some rental units today, it would seem to us that the most expedient way for the county to address these issues is through the enforcement of existing ordinances.”

The letter warns that if the regulations are approved, many owners will sell their vacation rental cabins. Owners of these cabins now pay full property taxes because they’re ineligible for the homeowner’s exemption. The letter notes that new owners would probably be eligible for the exemption, resulting in a loss in property tax collections. “The drop in values, coupled to the increase in homeowner's exemptions in the county, will cause a double shift in taxes to owner occupied homes as the levy rate increases to keep collections level,” states the letter.
 
The association also objects to the county applying different sets of onsite septic system regulations to similar pieces of property just because one property is rented for part of the year.

The letter states, “It is not clear whether Fremont County has the authority to impose more stringent restrictions when the state has already spoken on this matter. Idaho is not a ‘home rule’ state. It is further unclear whether these regulations meet the tests set out by the Idaho Attorney General with regard to Idaho's Regulatory Taking Act. We believe these regulations would have a significant impact on the landowner's economic interest, deny the owner of all economically viable uses of the property, and deny a fundamental attribute of ownership of the property.”
 

This is part of the February 4, 2010 online edition of The Island Park News.

Have an opinion on this matter? We'd like to hear from you. Click here.