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Home My WebLink AboutOrdinance 6537113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6537 File Number: 2022-0130 AMEND §118.01 APPLICABILITY AND §163.18 SHORT-TERM RENTALS: AN ORDINANCE TO AMEND § 118.01 APPLICABILITY OF THE FAYETTEVILLE CITY CODE AND § 163.18 SHORT-TERM RENTALS OF THE UNIFIED DEVELOPMENT CODE TO EXTEND THE SHORT-TERM RENTAL START-UP PERIOD FROM NINE MONTHS TO TWELVE MONTHS, AND TO DECLARE AN EMERGENCY WHEREAS, on November 16, 2021, the City Council passed Ordinance 6508 extending the short term rental startup period from six months to nine months to allow operators to obtain the necessary insurance and ownership documentation and address life safety issues that were identified during required inspections; and WHEREAS, operators are experiencing delays in hiring contractors to fix the life safety issues and should be given additional time to apply for and receive their short term rental licenses. 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 subsection (E)(4) of § 118.01 Applicability of the Fayetteville City Code by changing the nine month startup period to a twelve month startup period as shown in Exhibit A attached to this Ordinance. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (A)(7) of § 163.18 Short -Term Rentals of the Unified Development Code by changing the nine month startup period to a twelve month startup period as shown in Exhibit B attached to this Ordinance. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because short term rental operators should be given Page 1 Printed on 2116122 Ordinance: 6537 File Number: 2022-0130 additional time to comply with the City's life safety standards and insurance requirements for short term rentals, which are 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 2/15/2022 Attest: 1,`��llfl}1►orr' 0�• ��p Kara Paxton, City Clerk Treasurer= r • Page 2 Printed on 2116122 Exhibit A 118.01 Applicability (E) Short -Term Rentals. A residential dwelling unit, portion of a dwelling unit, or bedroom within a residential dwelling unit, leased and/or rented to a guest(s), for a period of less than thirty consecutive (30) days. (4) Twelve -Month Start-up Period. After the enactment of the short-term rental ordinance, short-term rental operators shall have twelve (12) months to submit an application for a business license for the operation of a short-term rental. After the twelve-month start-up period, all short-term rental units must have a business license to be considered in compliance. (a) Persons seeking to operate a short-term rental within twelve months of the enactment of this Code section shall be granted a conditional use permit for such short-term rental without having to pay a fee or have a hearing before the Planning Commission. The conditions for such permit shall be full compliance with all terms and requirements of Chapter 118, Business Registry and Licenses, this section, and all other requirements of the Fayetteville Code including timely and full payment of all hotel, motel, and restaurant taxes to the city. Revocation of the business license shall also revoke the conditional use permit granted by this subsection. (b) Persons seeking to operate a Type 2 short-term rental who have failed to apply for such conditional use permit and business license prior to the end of the twelve-month start-up period shall be required to follow normal procedures and apply to the Planning Commission to request a conditional use permit which will be issued or denied pursuant to the Planning Commission's decision pursuant to §163.18(2)(a). (c) Type 1 and 2 short-term rentals seeking a business license or permit under the 12-month start-up period which are currently operating in 2-, 3- and 4-unit buildings in which more than one (1) unit is being used as a short-term rental may obtain a business license for all currently operating short-term rentals. (d) Applications submitted prior to the end of the twelve-month start-up period shall expire sixty (60) days after the start-up period has ended if the business license has not been issued by the City by that time. Exhibit B 163.18 Short -Term Rentals (A) General Standards. (7) Twelve -Month Start-up Period. After the enactment of the short-term rental ordinance, short-term rental operators shall have twelve (12) months to submit an application for a business license. After the twelve-month start-up period, all short-term rental units must have a business license to be considered in compliance. (a) Persons seeking to operate a short-term rental within twelve (12) months of the enactment of this Code section shall be granted a conditional use permit for such short-term rental without having to pay a fee or have a hearing before the Planning Commission. The conditions for such permit shall be full compliance with all terms and requirements of Chapter 118, Business Registry and Licenses, this section, and all other requirements of the Fayetteville Code including timely and full payment of all hotel, motel, and restaurant taxes to the city. Revocation of the business license shall also revoke the conditional use permit granted by this subsection. (b) Persons seeking to operate a Type 2 Short-term rental who have failed to apply for such conditional use permit and business license prior to the end of the twelve-month start-up period shall be required to follow normal procedures and apply to the Planning Commission to request a conditional use permit which will be issued or denied pursuant to the Planning Commission's decision pursuant to §163.18(2)(a). (c) Type 1 and 2 short-term rentals seeking a business license or permit under the twelve-month start-up period which are currently operating in 2-, 3- and 4-unit buildings in which more than one (1) unit is being used as a short-term rental may obtain a business license for all currently operating short-term rentals. (d) Applications submitted prior to the end of the twelve-month start-up period shall expire sixty (60) days after the start-up period has ended if the business license has not been issued by the City by that time. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0130 Agenda Date: 2/15/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.13 AMEND §118.01 APPLICABILITY AND §163.18 SHORT-TERM RENTALS: AN ORDINANCE TO AMEND § 118.01 APPLICABILITY OF THE FAYETTEVILLE CITY CODE AND § 163.18 SHORT-TERM RENTALS OF THE UNIFIED DEVELOPMENT CODE TO EXTEND THE SHORT-TERM RENTAL START-UP PERIOD FROM NINE MONTHS TO TWELVE MONTHS, AND TO DECLARE AN EMERGENCY WHEREAS, on November 16, 2021, the City Council passed Ordinance 6508 extending the short term rental startup period from six months to nine months to allow operators to obtain the necessary insurance and ownership documentation and address life safety issues that were identified during required inspections; and WHEREAS, operators are experiencing delays in hiring contractors to fix the life safety issues and should be given additional time to apply for and receive their short term rental licenses. 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 subsection (E)(4) of § 118.01 Applicability of the Fayetteville City Code by changing the nine month startup period to a twelve month startup period as shown in Exhibit A attached to this Ordinance. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (A)(7) of § 163.18 Short -Term Rentals of the Unified Development Code by changing the nine month startup period to a twelve month startup period as shown in Exhibit B attached to this Ordinance. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because short term rental operators should be given additional time to comply with the City's life safety standards and insurance requirements for short term rentals, which are 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. City of Fayetteville, Arkansas Page 1 Printed on 211612022 Legistar ID No.: 2022-0130 AGENDA REQUEST FORM FOR: Council Meeting of February 15, 2022 FROM: Council Member Sarah Bunch ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND §118.01 APPLICABILITY OF THE FAYETTE VILLE CITY CODE AND §163.18 SHORT-TERM RENTALS OF THE UNIFIED DEVELOPMENT CODE TO EXTEND THE SHORT-TERM RENTAL START-UP PERIOD FROM NINE MONTHS TO TWELVE MONTHS, AND TO DECLARE AN EMERGENCY APPROVED FOR AGENDA: City Council Member Date Sarah Bunch Asst. City Attorney Blake Pennington Date Approved as to form ORDINANCE NO. AN ORDINANCE TO AMEND § 118.01 APPLICABILITY OF THE FAYE7TEVILLE CITY CODE AND § 163.18 SHORT-TERM RENTALS OF THE UNIFIED DEVELOPMENT CODE TO EXTEND THE SHORT-TERM RENTAL START-UP PERIOD FROM NINE MONTHS TO TWELVE MONTHS, AND TO DECLARE AN EMERGENCY WHEREAS, on November 16, 2021, the City Council passed Ordinance 6508 extending the short term rental startup period from six months to nine months to allow operators to obtain the necessary insurance and ownership documentation and address life safety issues that were identified during required inspections; and WHEREAS, operators are experiencing delays in hiring contractors to fix the life safety issues and should be given additional time to apply for and receive their short term rental licenses. 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 subsection (E)(4) of § 118.01 Applicability of the Fayetteville City Code by changing the nine month startup period to a twelve month startup period as shown in Exhibit A attached to this Ordinance. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (A)(7) of § 163.18 Short -Term Rentals of the Unified Development Code by changing the nine month startup period to a twelve month startup period as shown in Exhibit B attached to this Ordinance. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because short term rental operators should be given additional time to comply with the City's life safety standards and insurance requirements for short term rentals, which are 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 this 15" day of February, 2022. APPROVED: ATTEST: By: By. LIONELD JORDAN, Mayor KARA PAXTON, City Clerk/Treasurer Exhibit A 118.01 Applicability (E) Short -Term Rentals. A residential dwelling unit, portion of a dwelling unit, or bedroom within a residential dwelling unit, leased and/or rented to a guest(s), for a period of less than thirty consecutive (30) days. (4) Twelve -Month Start-up Period. After the enactment of the short-term rental ordinance, short-term rental operators shall have twelve (12) months to submit an application for a business license for the operation of a short-term rental. After the twelve-month start-up period, all short-term rental units must have a business license to be considered in compliance. (a) Persons seeking to operate a short-term rental within twelve months of the enactment of this Code section shall be granted a conditional use permit for such short-term rental without having to pay a fee or have a hearing before the Planning Commission. The conditions for such permit shall be full compliance with all terms and requirements of Chapter 118, Business Registry and Licenses, this section, and all other requirements of the Fayetteville Code including timely and full payment of all hotel, motel, and restaurant taxes to the city. Revocation of the business license shall also revoke the conditional use permit granted by this subsection. (b) Persons seeking to operate a Type 2 short-term rental who have failed to apply for such conditional use permit and business license prior to the end of the twelve-month start-up period shall be required to follow normal procedures and apply to the Planning Commission to request a conditional use permit which will be issued or denied pursuant to the Planning Commission's decision pursuant to §163.18(2)(a). (c) Type 1 and 2 short-term rentals seeking a business license or permit under the 12-month start-up period which are currently operating in 2-, 3- and 4-unit buildings in which more than one (1) unit is being used as a short-term rental may obtain a business license for all currently operating short-term rentals. (d) Applications submitted prior to the end of the twelve-month start-up period shall expire sixty (60) days after the start-up period has ended if the business license has not been issued by the City by that time. Exhibit 6 163.18 Short -Term Rentals (A) General Standards. (7) Twelve -Month Start-up Period. After the enactment of the short-term rental ordinance, short-term rental operators shall have twelve (12) months to submit an application for a business license. After the twelve-month start-up period, all short-term rental units must have a business license to be considered in compliance. (a) Persons seeking to operate a short-term rental within twelve (12) months of the enactment of this Code section shall be granted a conditional use permit for such short-term rental without having to pay a fee or have a hearing before the Planning Commission. The conditions for such permit shall be full compliance with all terms and requirements of Chapter 118, Business Registry and Licenses, this section, and all other requirements of the Fayetteville Code including timely and full payment of all hotel, motel, and restaurant taxes to the city. Revocation of the business license shall also revoke the conditional use permit granted by this subsection. (b) Persons seeking to operate a Type 2 Short-term rental who have failed to apply for such conditional use permit and business license prior to the end of the twelve-month start-up period shall be required to follow normal procedures and apply to the Planning Commission to request a conditional use permit which will be issued or denied pursuant to the Planning Commission's decision pursuant to §163.18(2)(a). (c) Type 1 and 2 short-term rentals seeking a business license or permit under the twelve-month start-up period which are currently operating in 2-, 3- and 4-unit buildings in which more than one (1) unit is being used as a short-term rental may obtain a business license for all currently operating short-term rentals. (d) Applications submitted prior to the end of the twelve-month start-up period shall expire sixty (60) days after the start-up period has ended if the business license has not been issued by the City by that time. Exhibit A 118.01 Applicability (E) Short -Term Rentals. A residential dwelling unit, portion of a dwelling unit, or bedroom within a residential dwelling unit, leased and/or rented to a guest(s), for a period of less than thirty consecutive (30) days. (4) Twelve -Month Start-up Period. After the enactment of the short-term rental ordinance, short-term rental operators shall have n+n twelve (912) months to obtain submit an application for a business license and be considered On campli^^^^for the operation of a short-term rental. After the n+eetwelve- month start-up period, all short-term rental units must have a business license to be considered in compliance. (a) Persons seeking to operate a short-term rental within n+ne-twelve months of the enactment of this Code section shall be granted a conditional use permit for such short-term rental without having to pay a fee or have a hearing before the Planning Commission. The conditions for such permit shall be full compliance with all terms and requirements of Chapter 118, Business Registry and Licenses, this section, and all other requirements of the Fayetteville Code including timely and full payment of all hotel, motel, and restaurant taxes to the city. Revocation of the business license shall also revoke the conditional use permit granted by this subsection. (b) Persons seeking to operate a Type 2 short-term rental who have failed to ebtain apply for such conditional use permit and business license prior to the end of the ni4etwelve-month start-up period shall be required to follow normal procedures and apply to the Planning Commission to request a conditional use permit which will be issued or denied pursuant to the Planning Commission's decision pursuant to §163.18(2)(a). (c) Type 1 and 2 short-term rentals seeking a business license or permit under the 912-month start- up period which are currently operating in 2-, 3- and 4-unit buildings in which more than one (1) unit is being used as a short-term rental may obtain a business license for all currently operating short-term rentals. (d) Applications submitted prior to the end of the twelve-month start-up period shall expire sixty (60) days after the start-up period has ended if the business license has not been issued by the City by that time. Exhibit 6 163.18 Short -Term Rentals (A) General Standards. (7) M+eTwelve-Month Start-up Period. After the enactment of the short-term rental ordinance, short-term rental operators shall have Rene twelve (112) months to eiatain submit an application for a business license and' be censi Bred OR compliance After the niaetwelve-month start-up period, all short-term rental units must have a business license to be considered in compliance. (a) Persons seeking to operate a short-term rental within a+r-e-twelve (312) months of the enactment of this Code section shall be granted a conditional use permit for such short-term rental without having to pay a fee or have a hearing before the Planning Commission. The conditions for such permit shall be full compliance with all terms and requirements of Chapter 118, Business Registry and Licenses, this section, and all other requirements of the Fayetteville Code including timely and full payment of all hotel, motel, and restaurant taxes to the city. Revocation of the business license shall also revoke the conditional use permit granted by this subsection. (b) Persons seeking to operate a Type 2 Short-term rental who have failed to obtain apply for such conditional use permit and business license prior to the end of the a+aetwelve-month start-up period shall be required to follow normal procedures and apply to the Planning Commission to request a conditional use permit which will be issued or denied pursuant to the Planning Commission's decision pursuant to §163.18(2)(a). (c) Type 1 and 2 short-term rentals seeking a business license or permit under the a+aetwelve-month start-up period which are currently operating in 2-, 3- and 4-unit buildings in which more than one (1) unit is being used as a short-term rental may obtain a business license for all currently operating short-term rentals. (d) Applications submitted prior to the end of the twelve-month start-up period shall expire sixty (60) days after the start-up period has ended if the business license has not been issued by the City by that time. RECEIVED NORTHWEST AuAwos FEB 2 5 2022 �liL\�e CITY OF FAYETTEVILLE CITY CLERK'S OFFICE B?, SvX R-73. FAY_iTEVI «..AR. rVU - 410.4-12.1700 • =ar 47?4e5-iae • 1N' 7.N't7A RC.C:J`t AFFIDAVIT OF PUBLICATION I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so related to this publication at and during the publication of the annexed legal advertisement the matter of. Notice 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. City of Fayetteville Ord 6537 Was inserted in the Regular Edition on: February 20, 2022 Publication Charges: $170.24 Brittany Smith Subscribed and sworn to before me This zt day of f.— , 2022. Cathy Wiles Benton COUNTY NOTARY PUBLIC-ARKANSAS My Commission E spires 02-20-2024 C mmission No.12397118 cazk ("a' Notary Public My Commission Expires: 40(2.� **NOTE** Please do not pay from Affidavit Invoice will be sent. Ordinance: 6537 File Number: 2022-0130 AMEND § 118.01 APPLICABILITY AND § 163.18 SHORT-TERM RENTALS: AN ORDINANCE TO AMEND §118.01 APPLICABILITY OF THE FAYETTEVILLE CITY CODE AND §163.18 SHORT- TERM RENTALS OF THE UNIFIED DEVELOPMENT CODE TO EXTEND THE SHORT-TERM RENTAL START- UP PERIOD FROM NINE MONTHS TO TWELVE MONTHS, AND TO DECLARE AN EMERGENCY WHEREAS, on November 16, 2021, the City Council passed Ordinance 6508 extending the short term rental startup period from six months to nine months to allow operators to obtain the necessary insurance and ownership documentation and address life safety issues that were identified during required inspections; and WHEREAS, operators are experiencing delays in hiring contractors to fix the life safety issues and should be given additional time to apply for and receive their short term rental licenses. 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 subsection (E)(4) of § 118.01 Applicability of the Fayetteville City Code by changing the nine month startup period to a twelve month startup period as shown in Exhibit A attached to this Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (A)(7) of §163.18 ShortTenn Rentals ofthe Unified Development Code by changing the nine month startup period to a twelve month startup period as shown in Exhibit B attached to this Ordinance. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance should become effective without delay because short term rental operators should be given additional time to comply with the Citys life safety standards and insurance requirements for short term rentals, which are 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 2/I52022 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer Paid for by The City Clerk - Treasurer orthe City of Fayetteville, AR. Amount paid: $170.24. 75521198 Feb. 20, 2022