Ordinances regarding short-term rentals -- Prohibition on ordinances restricting speech on short-term rental websites.

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  • (1) As used in this section:
    • (a) "Internal accessory dwelling unit" means the same as that term is defined in Section 10-9a-511.5.
    • (b) "Residential unit" means a residential structure or any portion of a residential structure that is occupied as a residence.
    • (c) "Short-term rental" means a residential unit or any portion of a residential unit that the owner of record or the lessee of the residential unit offers for occupancy for fewer than 30 consecutive days.
    • (d) "Short-term rental website" means a website that:
      • (i) allows a person to offer a short-term rental to one or more prospective renters; and
      • (ii) facilitates the renting of, and payment for, a short-term rental.
  • (2) Notwithstanding Section 17-27a-501 or Subsection 17-27a-503(1), a legislative body may not:
    • (a) enact or enforce an ordinance that prohibits an individual from listing or offering a short-term rental on a short-term rental website; or
    • (b) use an ordinance that prohibits the act of renting a short-term rental to fine, charge, prosecute, or otherwise punish an individual solely for the act of listing or offering a short-term rental on a short-term rental website.
  • (3) Subsection (2) does not apply to an individual who lists or offers an internal accessory dwelling unit as a short-term rental on a short-term rental website if the county records a notice for the internal accessory dwelling unit under Subsection 17-27a-526(6).




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