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Home My WebLink AboutOrdinance 6821113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6821 File Number: 2024-752 CHAPTER 118.01 (E) - SHORT TERM RENTALS 1 & 2 (AMENDMENT): AN ORDINANCE TO AMEND § 118.01 (E)(1) AND (2) OF THE FAYETTEVILLE CODE TO SIMPLIFY AND CLARIFY THE DEFINITIONS OF SHORT-TERM RENTAL, TYPE 1 AND SHORT-TERM RENTAL, TYPE 2 WHEREAS, the Ordinance Review Committee has unanimously forwarded the simplified and clarified definitions of Short -Term Rental, Type 1 and Short -Term Rental, Type 2 for City Council Consideration. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 118.01 (E)(1) and (2) of the Fayetteville Code by repealing them in their entireties and enacting replacement 118.01 (E)(1) and (2) as follows: "118.01 (E)(1) Short -Term Rental, Type 1. A short-term rental is where the owner or long term tenant occupies the principal dwelling or the accessory dwelling unit as their primary full time residence for at least nine months of each calendar year and rents the remaining portion of their residence or their accessory dwelling unit as a short-term rental. An applicant for a Type 1 Short -Term Rental shall provide a copy of the property's Homestead Tax Credit, long term lease agreement or other comparable evidence of long-term residency to the City to prove the long-term residency requirement. The long-term occupant of the property is responsible for the management and control of occupants in the short-term rental, Type 1 to ensure no adverse effects or problems are inflicted upon residential neighbors. 118.01 (E)(2) Short -Term Rental, Type 2. If a desired Short -Term Rental does not qualify as a Short -Term Rental, Type 1, a property owner may seek to be approved as a Short -Term Rental, Type 2. A new Short -Term Rental, Type 2 may be permitted in residential zoning districts pursuant to the requirements of § 163.18 and in non-residential and mixed -use zoning districts pursuant to § 164.26. All Short -Term Rentals, Type 2 must also comply with requirements of § 118.01 (E)." PASSED and APPROVED on December 4, 2024 Page 1 Ordinance: 6821 File Number. 2024-752 Approved: Attest: This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ 11 I ,-I U Page 2 CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 4, 2024 TO: Mayor Jordan and City Council THRU: Kit Williams, City Attorney FROM: Kit Williams, City Attorney SUBJECT: ORDINANCE TO AMEND § 118.01 (E)(1) and (2) RECOMMENDATION: Amend § 118.01 (E)(1) and (2) of the Fayetteville Code BACKGROUND: CITY COUNCIL MEMO 2024-752 DISCUSSION: The Ordinance Review Committee has unanimously forwarded the simplified and clarified definitions of Short - Term Rental, Type 1 and Short -Term Rental, Type 2 for City Council Consideration. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: Hertzberg Agenda Request (#3) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2024-752 ORDINANCE TO AMEND § 118.01 (E)(1) and (2) AN ORDINANCE TO AMEND § 118.01 (E)(1) and (2) OF THE FAYETTEVILLE CODE TO SIMPLIFY AND CLARIFY THE DEFINITIONS OF SHORT-TERM RENTAL, TYPE 1 AND SHORT-TERM RENTAL, TYPE 2 WHEREAS, the Ordinance Review Committee has unanimously forwarded the simplified and clarified definitions of Short -Term Rental, Type 1 and Short -Term Rental, Type 2 for City Council Consideration. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 118.01 (E)(1) and (2) of the Fayetteville Code by repealing them in their entireties and enacting replacement 118.01 (E)(1) and (2) as follows: "118.01 (E)(1) Short -Term Rental, Type 1. A short-term rental is where the owner or long term tenant occupies the principal dwelling or the accessory dwelling unit as their primary full time residence for at least nine months of each calendar year and rents the remaining portion of their residence or their accessory dwelling unit as a short-term rental. An applicant for a Type 1 Short -Term Rental shall provide a copy of the property's Homestead Tax Credit, long term lease agreement or other comparable evidence of long-term residency to the City to prove the long-term residency requirement. The long-term occupant of the property is responsible for the management and control of occupants in the short-term rental, Type 1 to ensure no adverse effects or problems are inflicted upon residential neighbors. 118.01 (E)(2) Short -Term Rental, Type 2. If a desired Short -Term Rental does not qualify as a Short -Term Rental, Type 1, a property owner may seek to be approved as a Short -Term Rental, Type 2. A new Short -Term Rental, Type 2 may be permitted in residential zoning districts pursuant to the requirements of § 163.18 and in non- residential and mixed -use zoning districts pursuant to § 164.26. All Short -Term Rentals, Type 2 must also comply with requirements of § 118.01 (E)." Page 1 CivicClerk No.: 2024- 752 AGENDA REQUEST FORM FOR: Council Meeting of December 3,2024 FROM: City Attorney Kit Williams ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND § 118.01 (E)(1) and (2) OF THE FAYETTEVILLE CODE TO SIMPLIFY AND CLARIFY THE DEFINITIONS OF SHORT-TERM RENTAL, TYPE 1 AND SHORT-TERM RENTAL, TYPE 2 APPROVED FOR AGENDA: Holly H6rtzberg City Council Member Kit Williams Approved as to f6rin Date Date Forth 0.54 N\A1Aem i%Wdm Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number #: 463834 PO #: Matter of. Ord. 6821 AFFIDAVIT • STATE OFARKANSAS RECEIVED DEC 0 9 2024 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE I, Maria Hernandez -Lopez , do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette, a daily newspaper printed and published in WASH NGTON/BENTON county, State ofARKANSAS; that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: Ord. 6821 Pending in the court, in said County, and at the dates of the several publications of said advertisement stated below, and that during said periods and at said dates, said newspaper was printed and had a bona fide circulation in said County, that said newspaper had been regularly printed and published in said county, and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement; and that said advertisement was published in the regular daily issues of said newspaper as stated below. And that there is due or has been paid the NWA Democrat Gazette for publication the sum of $171.76. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 12108124; NWA nwaonline.com 12108124 Legal Clerk State ofARKANSAS, County of Sebastian Subscribed and sworn to before me on this 9th day of December. 2024 11_�_ �� OTARY PUBLIC �•'p°' �•22�2p3Fto. \OTAR N'LO a� rn'. P(JBt\G z o. Jj�p/q ''%, CO U rd?" o\. Ordinance: 6821 File Number: 2024-752 CHAPTER 118.01 (E) - SHORT TERM RENTALS 1 & 2 (AMEND- MENT): AN ORDINANCE TO AMEND § 118.01 (E)(1) AND (2) OF THE FAYETTEVVILLE CODE TO SIM- PLIFY AND CLARIFY THE DEFINI- TIONS OF SHORT-TERM RENTAL, TYPE 1 AND SHORT- TERM RENTAL, TYPE 2 WHEREAS, the Ordinance Re- view Committee has unani- mously forwarded the simplified and clarified definitions of Short -Term Rental, Type 1 and Short -Term Rental, Type 2 for City Council Consideration. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayet- teville, Arkansas hereby amends § 118.01 (E)(1) and (2) of the Fayetteville Code by repealing them in their entireties and en- acting replacement 118.01 (E)(1) and (2) as follows: 118.01 (E)(1) Short -Term Rental, Type 1. A short-term rental is where the owner or long term tenant occupies the principal dwelling or the accessory dwelling unit as their primary full time resl- dence for at least nine months of each calendar year and rents the remaining portion of their residence or their accessory dwelling unit as a short-term rental. An applicant for a Type 1 Short -Term Rental shall pro- vide a copy of the property's Homestead Tax Credit, long tens lease agreement or other com- parable evidence of long-term residency to the City to prove the long-term residency re- quirement. The long-term occu- pant of the property is responsible for the manage- ment and control of occupants in the short-term rental, Type 1 to ensure no adverse effects or problems are Inflicted upon res- idential neighbors. 118.01 (E)(2) Short -Term Rental, Type 2. If a desired Short -Term Rental does not quality as a Short -Term Rental, Type 1, a property owner may seek to be approved as a Short -Term Rental, Type 2. A new Short - Term Rental, Type 2 may be per- mitted in residential zoning districts pursuant to the require- ments of § 163.18 and in non- residential and mixed -use zoning districts pursuant to § 164.26. All Short -Term Rentals, Type 2 must also comply with requirements of § 118.01 (E)." PASSED and APPROVED on December 4, 2024 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $171.76 December 8, 2024 463834