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Home My WebLink AboutOrdinance 6888113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6888 File Number: 2025-940 AN ORDINANCE TO AMEND ORDINANCE 6820 PASSED ON DECEMBER 4, 2024 TO EXTEND THE SUNSET CLAUSE EFFECTIVE DATE TO NOVEMBER 30, 2025 AND TO DECLARE AN EMERGENCY WHEREAS, Ordinance 6820 passed on December 4, 2024 amended the sunset provision of Ordinance 6710 passed on November 21, 2023 which provides that all amendments to the code sections ordained or enacted by Ordinance 6427 and subsequent ordinances shall be automatically sunset, be repealed, and become void on July 1, 2025, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset repeal and termination section. 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 determines that Ordinance 6820 (extending Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 and later ordinances shall be automatically sunset, be repealed and become void on November 30, 2025 unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because allowing the City's short-term rental regulation to expire will likely lead to unregulated and illegal operation of short-term rentals not subject to the City's life safety standards and insurance requirements, such that an extension of the sunset clause is necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. PASSED and APPROVED on June 17, 2025 Approved: Molly Rawn, Mayor Attest: `iG EGA Y rO,n;9'9G'. FAYETTEVILLE* �9y9R/iA NSPZJ�a'�: �'oHGTON��9"• Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ 156.56 Page 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF JUNE 17, 2025 TO: Mayor Rawn and City Council THRU: FROM: Council Member Scott Berna SUBJECT: Extend Short Term Rental Ordinance Sunset Clause CITY COUNCIL MEMO 2025-940 RECOMMENDATION: Council Member Berna is sponsoring an ordinance to extend the sunset clause for the short term rental ordinance. BACKGROUND: DISCUSSION: BUDGET/STAFF IMPACT: ATTACHMENTS: 3. Agenda Request - Extend STIR Sunset Clause - Council Member Berna, 4. City Attorney Memo - STR Sunset Clause Extension, 5. Ordinance 6710 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 #: 2025-940 AN ORDINANCE TO AMEND ORDINANCE 6820 PASSED ON DECEMBER 4, 2024 TO EXTEND THE SUNSET CLAUSE EFFECTIVE DATE TO NOVEMBER 30, 2025 AND TO DECLARE AN EMERGENCY WHEREAS, Ordinance 6820 passed on December 4, 2024 amended the sunset provision of Ordinance 6710 passed on November 21, 2023 which provides that all amendments to the code sections ordained or enacted by Ordinance 6427 and subsequent ordinances shall be automatically sunset, be repealed, and become void on July 1, 2025, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset repeal and termination section. 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 determines that Ordinance 6820 (extending Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 and later ordinances shall be automatically sunset, be repealed and become void on November 30, 2025 unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because allowing the City's short-term rental regulation to expire will likely lead to unregulated and illegal operation of short-term rentals not subject to the City's life safety standards and insurance requirements, such that an extension of the sunset clause is necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. Page 1 City Of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2025-940 AN ORDINANCE TO AMEND ORDINANCE 6820 PASSED ON DECEMBER 4, 2024 TO EXTEND THE SUNSET CLAUSE EFFECTIVE DATE TO NOVEMBER 30, 2025 AND TO DECLARE AN EMERGENCY WHEREAS, Ordinance 6820 passed on December 4, 2024 amended the sunset provision of Ordinance 6710 passed on November 21, 2023 which provides that all amendments to the code sections ordained or enacted by Ordinance 6427 and subsequent ordinances shall be automatically sunset, be repealed, and become void on July 1, 2025, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset repeal and termination section. 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 determines that Ordinance 6820 (extending Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 and later ordinances shall be automatically sunset, be repealed and become void on November 30, 2025 unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because allowing the City's short-term rental regulation to expire will likely lead to unregulated and illegal operation of short-term rentals not subject to the City's life safety standards and insurance requirements, such that an extension of the sunset clause is necessary for the public peace as well as the health and safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. Page 1 CivicClerk No.: 2025- q q c0 AGENDA REQUEST FORM FOR: Council Meeting of June 17, 2025 FROM: Council Member Scott Berna ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND ORDINANCE 6820 PASSED ON DECEMBER 4, 2024 TO EXTEND THE SUNSET CLAUSE EFFECTIVE DATE TO SEPTEMBER 30, 2025 AND TO DECLARE AN EMERGENCY APPROVED FOR AGENDA: A'a 9,-" "'1 L, emQ'�\ Council Member Scott Berna Kit Williams Approved as to form Mayor Molly Rawn Acknowledgement G — Id — 2S Date ,IS, (a 20 z s Date / Date Williams, Kit From: Berna, Scott Sent: Tuesday, June 10, 2025 3:25 PM To: Williams, Kit Subject: Re: sunset clause approved From: Williams, Kit <kwilliams@fayetteville-ar.gov> Sent: Tuesday, June 10, 2025 12:04 PM To: Berna, Scott <scott.berna@fayetteville-ar.gov> Subject: sunset clause Scott, Attached is the proposed ordinance to extend the sunset clause of the short term rentals until September 30, 2025. Please let me know if this is satisfactory so we can walk it on this afternoon at the Agenda Session. Thanks, Kit Williams Fayetteville City Attorney 479-575-8313 41 DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor Rawn City Council Kara Paxton, City Clerk/Treasurer CC: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney FROM: Kit Williams, City Attorney I.��.� - DATE: June 10, 2025 Hannah Hungate Assistant City Attorney Stacy Barnes Paralegal RE: Extending Sunset Date from July 1 to September 30, 2025 for Short - Term Rental Code Sections The proposed state law that would have removed most of a city's right to regulate short-term rentals eventually failed to pass in the legislature this Spring. This allows the Fayetteville City Council to continue to reasonably regulate short-term rentals. City staff and my office would like to present a few final possible amendments of the code to the City Council before ending the sunsetting of this regulatory ordinance. We plan to present these possible amendments in June or early July so the City Council will not be rushed in their consideration and decision for these possible amendments. At lease one possible amendment might result in a claim of reduction of some of the value of a short-term rental property which should be in place before the final code sections are made permanent to provide the most discretion to the Council and safely for our city. Council Member Scott Berna is sponsoring this short extension of time allowing final amendments to be considered by the City Council. 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6820 File Number: 2024-758 ORDINANCE 6710 - SHORT TERM RENTAL SUNSET CLAUSE (AMENDMENT): AN ORDINANCE TO AMEND ORDINANCE 6710 PASSED ON NOVEMBER 21, 2023 TO EXTEND THE SUNSET CLAUSE EFFECTIVE DATE TO JULY 1, 2025 AT 7:00 P.M. AND TO DECLARE AN EMERGENCY WHEREAS, the sunset clause in Ordinance 6427, which was passed on April 20, 2021, provides that the ordinance "and all amendments to Code sections ordained or enacted by this ordinance shall automatically sunset, be repealed, terminated, and become void twenty (20) months after the passage and approval of this ordinance, unless prior to that date, the City Council amends this ordinance to repeal this sunset, repeal and terminations section"; and WHEREAS, Ordinance 6625, which was passed on December 6, 2022, amended Ordinance 6427 so that the ordinance "and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed, and become void on December 31, 2023, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset repeal and termination section"; and WHEREAS, Ordinance 6710 passed on November 21, 2023 amended the sunset provision of Ordinance 6625 which provided that all amendments to the code sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed, and become void on December 31, 2024, unless prior to that date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section; and WHEREAS, the Ordinance Review Committee recommends extending the sunset date to allow for consideration of amendments to the City's short-term rental regulations and to allow the continued operation of short-term rentals until July 1, 2025 at 7:00 p.m. 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 determines that Ordinance 6427 (Sunset Clause), Ordinance 6625 (extending Sunset Clause) and Ordinance 6710 (extending the Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or enacted by Ordinance 6427 shall automatically sunset, be repealed and become void on July 1, 2025 at 7:00 p.m. unless prior to that time and date the City Council amends this ordinance to repeal or further amend this sunset, repeal and termination section. Section -1: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because allowing the City's short-term rental regulation to expire will likely lead to unregulated and illegal operation of short-term rentals not subject to the City's life safety standards and insurance requirements, such that an extension of the sunset clause is necessary for the public peace as well as the health and Page 1 Ordinance: 6820 File Number. 2024-756 safety of Fayetteville residents. Therefore, the City Council hereby declares an emergency exists such that this ordinance shall become effective immediately upon its passage and approval. PASSED and APPROVED on December 4, 2024 j%%1111111I/// �� I T REgS Attest: `� V��: G�� Y �F • �-' i . .� "Paxton,erk Treasurer '� �' KA� . • .` .4111;VG TO ``�,. This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ Page 2 Form 0.55 media Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number #: 516705 PO #: Matter of ORD 6888 AFFIDAVIT • STATE OFARKANSAS ECEIVE 6/23/2025 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 WASHINGTONBENTON county, State of ARKANSAS; that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: ORD 6888 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 $156.56. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 06122125; NWA nwaonline.com 06122125 Legal Clerk State ofARKANSAS, County of Sebastian Subscribed and sworn to before me on this 23rd day of June, 2025 N RY PUBLIC Ordinance: 6888 File Number: 2025-940 AN ORDINANCE TO AMEND ORDINANCE 6820 PASSED ON DECEMBER 4, 2024 TO EXTEND THE SUNSET CLAUSE EFFEC- TIVE DATE TO NOVEMBER 30, 2025 AND TO DECLARE AN EMERGENCY WHEREAS, Ordinance 6820 passed on December 4, 2024 amended the sunset provision of Ordinance 6710 passed on November 21, 2023 which pro- vides that all amendments to the code sections ordained or enacted by Ordinance 6427 and subsequent ordinances shall be automatically sunset, be re- pealed, and become void on July 1, 2025, unless prior to that date the City Council amends this ordinance to repeal orfur- ther amend this sunset repeal and termination section. 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 deter- mines that Ordinance 6820 (extending Sunset Clause) be amended so that Ordinance 6427 and all amendments to Code Sections ordained or en- acted by Ordinance 6427 and later ordinances shall be auto- matically sunset, be repealed and become void on November 30, 2025 unless prior to that date the City Council amends this ordinance to repeal or fur- ther amend this sunset, repeal and termination section. Section 2: That the City Council of the City of Fayet- teville, Arkansas hereby deter- mines that this ordinance should become effective with- out delay because allowing the City's short-term rental regula- tion to expire will likely lead to unregulated and illegal opera- tion of short-term rentals not subject to the City's life safety standards and insurance re- quirements, such that an exten- sion of the sunset clause is necessary for the public peace as well as the health and safety of Fayetteville residents. There- fore, the City Council hereby de- clares an emergency exists such that this ordinance shall become effective Immediately upon Its passage and approval. PASSED and APPROVED on June 17,2025 Approved: Molly Rawn, 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: $156.56 June 22,2025 516705