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Writer's pictureGary J. Groman

Short-term rental ordinances moves forward

The Branson Board of Aldermen passed Bill No. 6454, AN ORDINANCE AMENDING CHAPTER 22 AND APPENDIX A – FEE SCHEDULE OF THE BRANSONMUNICIPAL CODE PERTAINING TO SHORT-TERM RENTALS for its first reading at its July 9, 2024, meeting by a 6 to 0 vote. While voting for the Bill, various alderpersons said they expect changes before its second reading at the Board’s next meeting on July 23, addressing some concerns brought up during the public comment.

 

City Administrator Cathy Stepp said the changes are relatively minor and will be ready for the Board’s next meeting. During that meeting, the item will need to be removed from the Consent Agenda. It will then be at the top of the Regular Agenda for discussion and amendments before a final vote.

 

The purpose of the changes is to permit the City to “establish health and safety regulations for short-term rentals, which are intended to provide the City with contact information of the short-term rental operator or property manager in the event of an emergency or law enforcement incident; to provide transient guests (who are unfamiliar with location of exit routes, location of fire suppression items, and locations safe for severe weather) with safety plans and required safety items available for guest use; and to ensure that all short-term rentals are being operated in compliance with City Code.”

 

The ordinance defines “Short-Term-Rental” as “any dwelling unit (guest room/rooms provided) advertised, offered, or operated for lodging accommodations for a period of not less than one night and not more than 30 consecutive days, but does not include rentals that operate within a primary residence or lodging establishments.” A “Short-Term Rental Owner” is a person who “is identified as the short-term rental owner on the short-term rental business license application or in updated information…and “has complied with all requirements for such short-term rental provided in the” Branson Municipal Code (BMC).

 

Under the ordinance, Short-term Rentals may not be in areas zoned for “low density residential housing.” It amends Section 22-36 of the BMC to read, “Lodging establishments and short-term rentals are prohibited from operation in Low Density Residential Districts. A business license shall be denied to a business that provides lodging for legal consideration for a term less than 30 consecutive days in a district zoned Low Density Residential.”

 

A new Section 22-454 is added to the BMC to cover “Fire Inspections” for short-term rentals. It reads, “Prior to receipt of a business license for a short-term rental, the fire department shall conduct an inspection of the short-term rental to ensure that the property is in compliance with all city codes applicable to fire safety. The short-term rental owner shall provide proof of such inspection to the City. Inspections shall be conducted every three years, unless the fire department or police department have knowledge of or receive complaints that the short-term rental is not in compliance with all city codes applicable to fire safety. Approved fire inspections for short-term rental business licenses will be valid for three years from the date of approval and shall be transferable from one owner to another upon change in ownership of the property.”

 

The ordinance also prescribes some minimum safety measures for short-term rental properties. Section 22-459 requires that “Safety plans shall be posted within the short-term rental in a place that is easily visible to guests and in each guest bedroom. The safety plan shall include an evacuation plan indicating fire exits and escape routes and a safety plan for hazardous weather.” In addition, it requires that the “following shall be provided in the short-term rental for guest use: carbon monoxide detectors as required by this Code [BMC], child-proofed electrical outlets, emergency contact information for the short-term rental owner and property manager, fire extinguishers as required by this Code, and smoke detectors as required by this Code.”

 

The ordinance also includes detailed information about licensing, permits and other requirements. The City’s website, www.bransonmo.gov/830/Agendas-Minutes, provides access to the ordinance and a livestream of the presentation.

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