Short-Term Rentals Ad Hoc Committee — Columbia, SC
Date: 2023-08-15
Time: 16:00

COLUMBIA SHORT-TERM RENTALS AD HOC COMMITTEE MEETING AGENDA
 TUESDAY, AUGUST 15, 2023

The Columbia Short-Term Rentals Ad Hoc Committee will conduct a Committee on Tuesday,
August 15, 2023 at 12:30 PM at City Hall (Mayor's Conference Room), 1737 Main Street, 2nd
Floor, Columbia, SC 29201. Members of the public may view the meeting online at
www.columbiasc.gov. Please contact the City Clerk’s Office at (803)545-3045 or
cityclerk@columbiasc.gov if you have questions regarding the meeting.

 The Honorable Daniel J. Rickenmann, Mayor
 The Honorable Howard E. Duvall, Jr., At-Large  The Honorable Edward H. McDowell, Jr., District II
 The Honorable William Brennan, District III  The Honorable Aditi Bussells, At-Large
 The Honorable Tina N. Herbert, District I  The Honorable Peter M. Brown, District IV

Prior to entering the meeting please turn all electronic communication devices to the silent, vibrate or off
 position. All presenters are asked to speak directly into the microphone for recording purposes.

CALL TO ORDER
COMMITTEE DISCUSSION

1. Ordinance No.: 2023-104 - Amending the 1998 Code of Ordinances of the City of
 Columbia, South Carolina, Chapter 5, Buildings and Building Regulations, Article IX,
 Short Term Rentals, Sec. 5-402, Short-term rental regulations, Sec. 5-404, Short-term
 rental permit application and fees and Sec. 5-410, Enforcement and Penalties

ADJOURNMENT




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COLUMBIA SHORT-TERM RENTALS AD HOC COMMITTEE MEETING AGENDA
 TUESDAY, AUGUST 15, 2023

The Columbia Short-Term Rentals Ad Hoc Committee will conduct a Committee on Tuesday,
August 15, 2023 at 12:30 PM at City Hall (Mayor's Conference Room), 1737 Main Street, 2nd
Floor, Columbia, SC 29201. Members of the public may view the meeting online at
www.columbiasc.gov. Please contact the City Clerk’s Office at (803)545-3045 or
cityclerk@columbiasc.gov if you have questions regarding the meeting.

 The Honorable Daniel J. Rickenmann, Mayor
 The Honorable Howard E. Duvall, Jr., At-Large  The Honorable Edward H. McDowell, Jr., District II
 The Honorable William Brennan, District III  The Honorable Aditi Bussells, At-Large
 The Honorable Tina N. Herbert, District I  The Honorable Peter M. Brown, District IV

Prior to entering the meeting please turn all electronic communication devices to the silent, vibrate or off
 position. All presenters are asked to speak directly into the microphone for recording purposes.

CALL TO ORDER
COMMITTEE DISCUSSION

1. Ordinance No.: 2023-104 - Amending the 1998 Code of Ordinances of the City of
 Columbia, South Carolina, Chapter 5, Buildings and Building Regulations, Article IX,
 Short Term Rentals, Sec. 5-402, Short-term rental regulations, Sec. 5-404, Short-term
 rental permit application and fees and Sec. 5-410, Enforcement and Penalties

ADJOURNMENT




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MEETING DATE: August 15, 2023

DEPARTMENT: City Clerk

FROM: Erika Hammond, City Clerk

SUBJECT: Ordinance No.: 2023-104 - Amending the 1998 Code of
 Ordinances of the City of Columbia, South Carolina, Chapter
 5, Buildings and Building Regulations, Article IX, Short Term
 Rentals, Sec. 5-402, Short-term rental regulations, Sec. 5-404,
 Short-term rental permit application and fees and Sec. 5-410,
 Enforcement and Penalties
FUNDING SOURCE &
ORIGINAL BUDGET:


ATTACHMENTS:
  ColumbiaSCCodeofOrdinances (002) (DOCX)




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 Attachment: ColumbiaSCCodeofOrdinances (002) (8690 : Ordinance 2023-104 Amending Chapter 5 (Short Term Rentals))
Sec. 5-401. Definitions.
 Unless otherwise expressly stated, the following terms shall, for the purposes of this article, have the
meanings shown in this section. Where terms are not defined, through the methods authorized by this section or
Code, such terms shall have ordinarily accepted meaning such as the context implies.
 Citation means a charge or formal written accusation of violation of a city, state or federal law, regulation or
ordinance.
 Dwelling unit means any structure or portion of a structure arranged or designed to provide independent
living facilities for living, sleeping, and personal hygiene and that may legally be used for habitation by humans.
 Guest means any person who occupies a short-term rental.
 Owner-occupied means a dwelling unit that is lawfully classified as owner-occupied by Richland County and is
receiving the four percent special assessment ratio.
 Non-owner-occupied means a dwelling unit that is not owner-occupied and is used and/or advertised for rent
for transient occupancy by guests.
 Residential district means residential base zoning district as defined by section 17-3.2 of the Unified
Development Ordinance.
 Responsible local representative means a person having his or her place of residence or business office within
45 miles of the short-term rental property and designated by the property owner as the agent responsible for
operating such property in compliance with the city's ordinances and having been authorized by appointment to
accept service of process on behalf of the owner pursuant to Rule 4(d)(1) of the South Carolina Rules of Civil
Procedure.
 Short-term rental (STR) means the use and enjoyment of a dwelling unit, or portion thereof, for a duration of
less than 30 consecutive days in exchange for valuable consideration. Hotels, motels, bed and breakfast
establishments, and inns are excluded from this definition.
(Ord. No. 2023-037 , 4-4-23)


Sec. 5-402. Short-term rental regulations.
 The following regulations apply to all dwelling units being used as a short-term rental in the city:
 (1) Determination of short-term rental offering. Any advertisement for an STR by the owner or responsible
 local representative is sufficient to determine that a dwelling unit is being offered as a short-term
 rental.
 (2) Business license required. The owner or responsible local representative offering a dwelling unit as a
 short-term rental shall obtain a business license and comply with all business license and revenue
 collection laws of the City of Columbia, Richland County, and State of South Carolina.
 (3) Code compliance required. The owner of a permitted STR shall ensure the STR property and dwelling
 unit is in compliance with all city ordinances at all times, which include, but are not limited to:
 a. Animal Control, Chapter 4;
 b. Building and Building Regulations, Chapter 5;
 c. Environmental Health and Sanitation, Chapter 8;
 d. Fire Prevention and Protection, Chapter 9;


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 Attachment: ColumbiaSCCodeofOrdinances (002) (8690 : Ordinance 2023-104 Amending Chapter 5 (Short Term Rentals))
 e. Unified Development Ordinance, Chapter 17; and
 f. Solid Waste Management, Chapter 19.
 (4) Safety inspection. A safety inspection to ensure compliance with the regulations in this article may be
 performed by the city if deemed necessary and with 24-hour notice to the permit holder.
 (5) Records required. The property owner shall maintain the following which shall be made available to the
 city upon request:
 a. For a period of two years, records demonstrating compliance with these provisions, including but
 not limited to, information demonstrating residency, if required; the number of days per
 calendar year the residential unit has been rented as an STR; and compliance with the insurance
 requirement in this section; and
 b. The name and phone number of each short-term guest that booked the STR for the previous two
 years.
 (6) Contact. The property owner must be willing to take phone calls at all times to address issues with the
 short-term rental; or the owner must provide the name, mailing address, and telephone number of a
 designated responsible local representative who is willing to take phone calls at all times if needed to
 address issues with the short-term rental use, and who is authorized to accept service of process on
 behalf of the owner.
 (7) Permits are non-transferrable. If ownership of a permitted dwelling unit changes, the new owner must
 obtain a new permit before operating any part of the dwelling unit as an STR.
 (8) Minimum guest's age. The guest making the booking or reservation for an STR shall be at least 18 years
 of age.
 (9) Minimum stay duration. The short-term rental shall not be available for occupancy for a period of less
 than one night.
 (10) Permit number in advertisement. Any online advertisement for an STR must include the current STR
 permit number, as issued by the city, within the description section of the advertisement.
 (11) House manual. At a minimum, the following shall be made available to each short-term guest:
 a. Emergency contact numbers;
 b. The name and contact information for the owner or responsible local representative;
 c. Instructions or a diagram of the designated parking space(s); and
 d. The house rules imposed on guests by the owner.
 (12) Parking spaces required. Two parking spaces per dwelling unit must be made available and designated
 on an STR property, within residential districts, as defined in Sec. 17-3.2. Guests must be notified of the
 parking plan and the maximum number of vehicles allowed
 a. Exemption. The Police Chief or his/her designee may make an administrative adjustment to
 the parking requirement if it is determined that the minimum parking requirement cannot be
 met because of conditions on the lot in which the STR is requested.
 b. Appeal. Whenever the Police Chief or his/her designee shall disapprove an application for an
 exemption, the applicant may appeal the decision to the Property Maintenance Board of
 Appeals.
 (13) Maximum occupancy. The maximum overnight occupancy of an STR shall not exceed two persons,
 excluding minor children, per bedroom, plus two additional people per dwelling unit.


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 Attachment: ColumbiaSCCodeofOrdinances (002) (8690 : Ordinance 2023-104 Amending Chapter 5 (Short Term Rentals))
 (14) Identity verification. The owner or responsible local representative shall be responsible for determining
 that any guest occupying the STR is listed in the booking or reservation for the STR.
 (15) Neighbor notification. The owner or responsible local representative of an STR shall notify each
 household immediately adjacent to the STR and any neighborhood association, if the STR is located in a
 neighborhood with such an association, that the property is being operated as an STR and must
 provide such households and association with the address of the STR and the phone number of the
 owner or responsible local representative.
(Ord. No. 2023-037 , 4-4-23)


Sec. 5-403. Short-term rental permit required.
(a) No dwelling unit in the city shall be operated as a short-term rental without a current STR permit issued by
 the City of Columbia. The permitting process shall begin 30 days after enactment of this article. Current
 owners of a STR must obtain a permit within 120 days of the beginning of the permitting process. Permits are
 to be issued and renewed on an annual basis and will only be issued or renewed to an owner or responsible
 local representative having his or her place of residence or business office within 45 miles of the STR
 property. If residing outside of 45 miles of the STR property, the owner may only obtain a permit if he or she
 has a responsible local representative.
(b) An STR permit authorizes the permit holder to operate one dwelling unit as an STR. Any person seeking to
 operate multiple STRs shall be required to obtain a separate STR permit for each dwelling unit address
 sought to be operated as an STR.
(c) Applications for renewals of STR permits must be submitted by July 1, of each year, except that any holder of
 a permit issued before July 1, 2023, will have until July 1, 2024, to submit an application for renewal.
 Beginning in 2024, any application for a permit renewal not submitted by July 31, will result in the loss of the
 permit.
(d) STR permits are non-transferable. A new owner or responsible local representative of a permitted STR shall
 be required to obtain a new and separate permit for the dwelling unit by submitting a new STR permit
 application.
(e) The permits required by this article are regulated privileges, not rights, and can be revoked by the city in
 accordance with the provisions provided in this article.
(Ord. No. 2023-037 , 4-4-23)


Sec. 5-404. Short-term rental permit application and fees.
(a) An application is required for initial permit issuance and permit renewal and must be submitted on a form
 provided by the city. A separate application is required for each permit or renewal being sought. The STR
 application shall contain, at a minimum, the following information:
 (1) The address of the dwelling unit;
 (2) The number of bedrooms in the dwelling unit;
 (3) The names, mailing addresses, and phone numbers, of the owner(s) and any responsible local
 representative;
 (4) The address where the owner or responsible local representative will accept notices and orders;




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 Attachment: ColumbiaSCCodeofOrdinances (002) (8690 : Ordinance 2023-104 Amending Chapter 5 (Short Term Rentals))
 (5) An affidavit signed by the property owner certifying the property complies with all fire and building
 code ordinances;
 (6) Certification that the owner has read applicable city regulations, including, but not limited to, those
 found in section 5-402(c) of this article;
 (7) Certification that the owner is aware that penalties may be assessed for violations by guests; and
 (8) Copy of general liability insurance.
(b) The permit fees shall be paid at the time of application submission. These fees are established by city council
 and may be changed from time to time. These fees include the following:
 (1) A non-refundable application fee of $50.00; and
 (2) For an owner-occupied STR, a non-refundable STR permit registration fee of $100.00; or
 (3) For a non-owner-occupied STR, a non-refundable STR permit registration fee of $250.00 per dwelling
 unit.
 (4) Any permit renewal application and associated fees submitted after July 1, will incur a late fee of
 $100.00.
(c) An STR permit holder shall notify the city of any changes to the information submitted in the application
 within 30 days after any such change occurs.
(Ord. No. 2023-037 , 4-4-23)


Sec. 5-405. Criteria for permit issuance.
(a) Unless otherwise provided for by this article, the city shall issue an STR permit, within 30 days from
 application submission, to an applicant if the following criteria are met:
 (1) The city has determined that the STR application is complete and all permit fees have been paid;
 (2) The dwelling unit listed in the application has been certified by the applicant that the dwelling unit
 complies with all applicable fire and building codes. If, however, the city has reason to believe a safety
 inspection is deemed necessary, the dwelling unit must pass a safety inspection;
 (3) The city has determined that all requirements of this article are satisfied; and
 (4) Issuance of the permit will not violate any other provision of this article.
(Ord. No. 2023-037 , 4-4-23)


Sec. 5-406. Short-term rental permit equivalency.
 An STR permit issued pursuant to this article shall be considered the equivalent of a rental permit for the
purposes of section 5-326. A holder of a current and valid STR permit may rent the dwelling unit for periods of 30
days or greater without obtaining a separate rental permit as required under section 5-326 so long as all
requirements of Chapter 5, article VIII are satisfied and the permit holder notifies the city that the dwelling unit is
being rented for periods of 30 days or greater.
(Ord. No. 2023-037 , 4-4-23)




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 Attachment: ColumbiaSCCodeofOrdinances (002) (8690 : Ordinance 2023-104 Amending Chapter 5 (Short Term Rentals))
Sec. 5-407. Violations.
(a) STR owners or their responsible local representative are ultimately responsible for the conduct of their
 occupants and guests, regardless of whether the owners are present at the dwelling unit. Violations include,
 but are not limited to:
 (1) Intentionally providing false or inaccurate information about a dwelling unit or short-term rental to the
 city;
 (2) Failure to have a valid STR permit for any dwelling unit at a time when it is used in whole or in part as a
 short-term rental;
 (3) Violation of any part of this article;
 (4) Violation of any City or Richland County ordinance or state or federal law by owners, responsible local
 representatives, operators, lessors, agents, occupants, or guests of short-term rentals but any such
 violation must have a nexus to the dwelling unit subject to the violation.
(b) Violations shall apply as points towards revocation of the permit for as follows:
 (1) Single-household dwellings and townhouses. Violations that occur anywhere on the premises shall
 apply to the permitted dwelling unit.
 (2) Multi-unit structures.
 a. Violations that occur within an individual unit shall apply to that unit.
 b. Violations occurring outside of the units shall be assigned to the unit responsible as determined
 by the investigating party for the offense.
(c) In the event a citation or violation takes place at an STR or dwelling unit regulated by this article, such
 violation shall be grounds for the accumulation of points as follows:
 (1) For one or more written warnings given in any 24-hour period for one or more of the violations listed
 above, points will be assessed on the permit for that STR or dwelling unit in accordance with following:
 a. First offense. One point will be assessed for the first occurrence of a citation, violation, or
 offense.
 b. Second offense and each offense thereafter. Five points will be assessed for a second occurrence
 and each occurrence thereafter of a citation, violation, or offense within the last 12 months.
 c. Serious offense. Ten points will be assessed for any serious violation or offense that could result
 in serious bodily injury or death to occupants as determined by the chief of police. A serious
 offense includes failure to comply with any emergency order issued by the City of Columbia, any
 executive order issued by the governor of the State of South Carolina, or any local, state or
 federal law, regulation or mandate to address a health or safety concern including but not limited
 to a public health outbreak (including a pandemic or wide-spread and/or infectious disease
 outbreak), natural disasters, war, terrorist act, strike, fire, release of nuclear material or
 dangerous substance into the environment or other catastrophic event.
 (2) After points are assessed on a permit for a dwelling unit, the police chief or designee will send a
 written warning to the owner or responsible local representative. Each warning will specify which
 ordinance or law has been violated and will state that further warnings or violations could lead to a
 revocation of the permit. Each warning will be sent by regular mail to the address of the owner or
 responsible local representative, as identified on the permit application, as well as a copy of the
 warning mailed to the property address of the subject property.


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 Attachment: ColumbiaSCCodeofOrdinances (002) (8690 : Ordinance 2023-104 Amending Chapter 5 (Short Term Rentals))
 (3) A fee of $100.00 will be assessed per point for each point accumulated due within 30 days of
 assessment and no later than any renewal of the permit.
 (4) If a person is found not guilty, or the case against them for a violation is dismissed, then the point shall
 be removed from the permit as if it had not been assessed.
(Ord. No. 2023-037 , 4-4-23)


Sec. 5-408. Revocation of permit.
(a) Accumulation of 15 or more points on a STR permit within a 12-month period shall subject the owner to
 proceedings to revoke the permit and the following procedure shall be followed:
 (1) The police chief or designee shall cause to be served written notice to show cause why the permit
 should not be revoked. Service shall be deemed complete if personally delivered upon the owner or
 responsible local representative by any officer authorized by law to serve process or a duly appointed
 law enforcement officer of the city police department. The person serving process shall make proof of
 service within the time during which the person served must respond to the process. If service cannot
 be personally made within the city, then service may be made by notice posted on the property and
 mailed certified return receipt to the last known address of record.
 (2) The owner or responsible local representative shall have 15 days from the date of service to request a
 hearing to appeal the revocation of the permit. The request shall be sent to the police chief by certified
 mail, return receipt requested. If such request is not timely made, the revocation shall take effect on
 the 21st day after the date of service to show cause.
 (3) Upon request for a hearing, the police chief or designee is authorized to schedule the appeal with the
 property maintenance board of appeals (PMBoA) at the next regularly scheduled meeting or special
 called meeting by the board.
 (4) Once the hearing is scheduled, the property should be posted to announce the hearing date to the
 general public.
 (5) In conducting the hearing, the PMBoA shall have the power to administer oaths, issue subpoenas,
 compel the production of books, paper, and other documents, and receive evidence. All parties shall
 have an opportunity to respond, to present evidence and argument on all issues involved, to conduct
 cross-examination and submit rebuttal evidence, to submit proposed findings of facts and orders, to
 file exceptions to the PMBoA's recommended order, and to be represented by counsel or other
 qualified representative. Hearsay evidence may be used for the purpose of supplementing or
 explaining other evidence, but it shall not be sufficient in itself to support a finding unless it would be
 admissible over objection in civil actions. The lack of actual knowledge of, acquiescence to,
 participation in, or responsibility for, a public nuisance at common law or a noxious use of private
 property on the part of the owner or responsible local representative shall not be a defense by such
 owner or responsible local representative.
 (6) If the PMBoA finds that the violations resulting in the accumulation of 15 or more points did in fact
 occur and that 15 or more points have accumulated on the permit within a 12-month period, then
 PMBoA shall prepare a recommended order.
 (7) If the PMBoA finds 15 or more points have not accumulated on the permit within a 12-month period,
 the PMBoA will prepare a recommended order to dismiss the revocation action and recommend which
 points, if any, should be rescinded from the permit based upon the actions taken by the owner to seek
 compliance with the city's ordinances.



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 Attachment: ColumbiaSCCodeofOrdinances (002) (8690 : Ordinance 2023-104 Amending Chapter 5 (Short Term Rentals))
 (8) The PMBoA's recommended order shall consist of findings of fact, conclusions of law and
 recommended relief. The police chief or designee shall transmit the recommended order to the city
 manager and the owner or responsible local representative. The owner or responsible local
 representative shall have 15 days from the date of the hearing officer's order to submit written
 exceptions to the PMBoA's recommended order. The city manager shall review such order and any
 written exceptions by the owner and may set forth any deficiencies he/she finds with respect to the
 order. Said deficiencies shall be limited to determinations that the findings were not based upon
 competent, substantial evidence, or that the proceedings on which the findings were based did not
 comply with the essential requirements of law. In reviewing such recommended order, the city
 manager shall not have the power to receive or consider additional evidence and shall not have the
 power to reject or modify the findings of fact or conclusions of law contained in the recommended
 order. The city manager may remand the recommended order along with the delineated deficiencies
 back to the PMBoA for consideration of the deficiencies. The PMBoA shall address the deficiencies in
 an addendum to the recommended order. The city manager shall then either: (a) adopt the
 recommended order and addendum, if applicable, in its entirety; or (b) adopt the findings of fact and
 conclusions of law in the recommended order and addendum, if applicable, and reject or modify the
 recommended relief. The action of the city manager shall be the final order of the city.
 (9) The city manager or designee shall provide notice of the final order within five days of the date of the
 final order.
 (10) In addition to the above-described procedures, the city attorney is authorized to file for injunctive
 relief to abate the public nuisance at common law or noxious use of private property pursuant to law.
 (11) The final order of the city is subject to certiorari review in a court of competent jurisdiction in Richland
 or Lexington County, South Carolina.
(Ord. No. 2023-037 , 4-4-23)


Sec. 5-409. Permit application after revocation.
 Upon revocation of an STR permit of a dwelling unit, the owner or responsible local representative of the
dwelling unit will not be eligible to apply for a new permit for the dwelling unit subject to permit revocation until
six months have passed from the date of revocation. The city shall not issue an STR permit for a dwelling unit that
has been subject to a permit revocation more than once.
(Ord. No. 2023-037 , 4-4-23)

Sec. 5-410. Enforcement and penalties.
 (a) The failure of a STR owner to obtain a permit in accordance to the provisions of this section, within 15
 days after notice of noncompliance, shall result in an administrative penalty of $500.00




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COLUMBIA SHORT-TERM RENTALS AD HOC COMMITTEE MEETING MINUTES
 TUESDAY, AUGUST 15, 2023


CALL TO ORDER
The Columbia Short-Term Rentals Ad-hoc Committee conducted a meeting on Tuesday, August
15, 2023 at City Hall, 1737 Main Street, Columbia, South Carolina 29203. The meeting was
called to order at 12:31 p.m.

 Attendee Name Title Status Arrived
 Will Brennan Member Present
 Howard E. Duvall Member Present
 Tina N. Herbert Member Present

COMMITTEE DISCUSSION

1. Ordinance No.: 2023-104 - Amending the 1998 Code of Ordinances of the City of
 Columbia, South Carolina, Chapter 5, Buildings and Building Regulations, Article IX,
 Short Term Rentals, Sec. 5-402, Short-term rental regulations, Sec. 5-404, Short-term
 rental permit application and fees and Sec. 5-410, Enforcement and Penalties

Proposed amendments to Chapter 5, Buildings and Building Regulations, Article IX, Short Term
Rentals.

  Sec. 5-402 - Remove the requirement for parking spaces to be designated in commercial
 areas. We will retain the requirement for two parking spaces designated for short-term
 rentals in residential areas.
  Sec. 5-404 - Remove requirement for an affidavit.
  Sec. 5-404 - Remove requirement for a copy of general liability insurance policy.
  Sec. 5-410 - Add enforcement and penalties related to noncompliance.

Other considerations:

  Monitor enforcement and penalties.
  Consider withholding license(s) for three months as a penalty.
  We received 103 applications: 87 non-owner occupied, 11 owner-occupied and five
 pending.
  Use a layered approach to communicating with current owners.




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COLUMBIA SHORT-TERM RENTALS AD HOC COMMITTEE MEETING MINUTES
 TUESDAY, AUGUST 15, 2023

Mr. Earl Utsey, South Meadowfield Neighborhood Association said we are concerned about the
composition of properties in our neighborhood. The more rentals we have, the less healthy our
neighborhood is. Is there a cap to the number of properties that can be registered in city limits? I
would have liked to have seen more public discussion on this.

Councilor Duvall acknowledged that there were several forums. This is a start to the regulation
of short-term rentals. It gives us the ability to capture data. We will look at the data and I hope
the Council will take the issue up again if there appears to be an imbalance.

Councilor Herbert said we were considering caps without the information. No one can make an
informed decision without the data.

Mr. David Hatcher, Housing Official for the Code Enforcement Division said the registration
deadline is September 4, 2023. There are currently 500 to 600 short-term rentals in the city of
Columbia.

There was consensus of the committee to endorse the amended ordinance for City Council
consideration and advertisement for a public hearing.

ADJOURNMENT
The meeting was adjourned at 12:48 p.m.
Respectfully submitted:



Erika D. Moore Hammond, CMC
City Clerk




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