Rental / Non-owner Occupational License

Persons owning rental properties or non/owner occupied dwellings must obtain an annual license to operate the property as a rental (includes all short-term rentals), or non/owner occupied dwelling. Non-owner occupied dwelling registration is required when the property owner that is on record with the County Clerk's office does not reside at the property, and does not collect rent from the occupant. Example: If you as the owner do not reside at the property and allow a family member to reside at the property rent free, the property is required to be registered as non-owner occupied. However, if you collect rent from that family member the property is to be licensed as a rental.

The owner of the property must complete and sign a registration application which must accompany the registration fees to the City Clerk's office each year. The license period is from July 1 to June 30 of each year. When renewing, the renewal fees and annual application are due by June 15 of each year. With new rental or non-owner occupied dwellings, the original license application is to be submitted to the City Clerk's office prior to occupancy. Once the property passes inspection the license will be issued. 

Fees:                                                                   

Rental and Non-owner Occupied Dwelling Inspection Fee: $30.00 
Rental License Fee: $120.00                                                                       

Short-term Rental Restrictions:

Short-term rental property means any dwelling, dwelling unit, rooming unit, room or portion of any dwelling unit, rooming unit or room rented or leased for valuable consideration for periods of time less than thirty (30) days. The unit must be located within the principal building and may not be located within an accessory structure.

- Short-term rentals are allowed no more than two (2) persons per each bedroom being rented plus one (1) additional person per dwelling unit, not to exceed eight (8) guests, in the dwelling unit at any given time. Occupants need not be restricted to a single family. Example: 2 bedroom home is only allowed to have 5 people at the property at any given time.

- Short-term rentals may not be rented or offered for use as reception space, party space, meeting space, production space or for other similar events open to non-resident guests. 

- Short-term rentals must be rented for a minimum of three (3) consecutive nights per booking.

- On-street parking shall be prohibited at short-term rentals. All vehicles must be legally parked on the property of the short-term rental and at no time shall exceed three (3) vehicles.

- Short-term rentals may not allow shuttle buses, party buses, or other similar commercial vehicles to pick up or drop off individuals at the property.

- For any short-term rental to be eligible for registration, the proposed short-term rental property cannot be less than 1,000 feet from another short-term rental property that is already registered. (The 2023 Rental, Short-Term Rental License Application is record of the current short-term rentals that are allowed to continue licensing within the 1000 foot buffer. Licensing is non-transferable, once the property is sold or the owner ceases operation of the current short-term rental, the 1000 foot buffer restriction will apply to any future short- term rental licensing.
Buffer map as of March 12, 2024

 

Inspections:

Frequency of Inspections - The exterior inspection is required as a prerequisite to the original issuance of a registration, and then on an annual basis, unless a one (1) year waiver of inspection is granted.

Waiver of Inspection - If a property passes the annual inspection on the first inspection without a warning letter and a license is issued, that property is eligible for a one (1) year waiver of inspection for the following licensing period. The one (1) year waiver of inspection is forfeited if at any time the property is found to be in violation of the City's property maintenance code.

Property Maintenance (Basic Property Standards): 

• The structure must be maintained in a safe and sanitary manner and must provide all basic services such as electrical, heating, and plumbing services, adequate exits, floor space, ventilation, and light. 
• The structure must be weather and water tight, porches and stairs must be structurally sound, and structures must be kept painted to prevent deterioration. 
• The property must be free of trash, brush piles, vermin, and other health hazards. 
• Inoperable or partly dismantled vehicles, parts, appliances, other large salvage items or large equipment cannot be stored outside. 
• No vehicle can be parked on an unimproved surface such as the lawn. 
• Grass and weeds shall not be allowed to grow higher than 10 inches in height.
• Trees and shrubs shall be maintained and trimmed in a manner so as not to create or cause any hazard. 
• All properties must have the address posted with numbers that are at least 4 inches in height, which can be clearly seen from the street for emergency services. 
• Trash and yard waste can be set out no earlier than Sunday for collection on Monday.  All containers are to be removed from the curb within 24 hours after collection. 

Failed Inspection Process - If the property fails to pass inspection the Inspector will send the failed inspection report and $30.00 re-inspection invoice to the property owner and/or designated agent. The failed inspection report will list each violation and provide a deadline (10 days from the date of the letter) for the corrections to be completed. By City Code violations are given a 10 day correction period. If corrections are unable to be completed within those 10 days contact the Inspector listed on the inspection report to discuss a reasonable time frame in which the corrections will be made. The $30.00 re-inspection fee is due 10 days from the date of the notice/invoice. Once the re-inspection fee has been paid and the property has passed inspection the license will be issued.

Property owners are encouraged to walk around their property and address the basic property standards prior to the City inspection.
Common violations of a failed inspection:

• Trash and recycling containers not properly stored out of sight.
• Grass over 10 inches in height. Weeds/volunteer growth around foundation, along fence line, or in landscaping beds.
• Brush piles.
• Vegetation growing in the gutters.
• Trees and shrubs not maintained. Limbs overgrown and touching the roof line or dead limbs that should be trimmed.
• Damaged fencing and/or gates.
• Flaking/peeling paint on house and/or accessory structures.
• Wood rot or woodpecker damage on house and/or accessory structures.
•  Foundation cracks.
•  Damaged driveway or sidewalk (tripping hazard).

As you can see the top five most common violations are easily avoidable. By actively maintaining your property you will be decreasing your annual inspection costs with every other year inspection.

Please Note:
No more than three unrelated individuals may occupy any dwelling unit zoned R1-Single Family District.  

If you have any questions please contact Assistant City Clerk Vickie Tillery, at 913-262-0350 x 5202.

Click here to view the Fairway Municipal Code - Rental Unit and Non-Owner Occupied Dwelling Registration and Inspections.