2018-09-06 Hearing Transcript - Council Initiated Bill 108, Draft 4

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So, how are existing short-term vacation rentals permitted? So, when we first got Bill 108 in the Planning Department and read through it, there was a little confusion as to whether the County Council wanted all existing and new short-term vacation rentals to register or not because the way the bill is worded, it only requires registration of some existing and new vacation rentals. So, staff talked to the initiators of this bill at County Council and got some clarity on that, and the intent of the bill was to have all existing and new short-term vacation rentals register with the Planning Department within six months of adoption of the ordinance. In addition to registration, those short-term vacation rentals outside of permitted zoning districts will also need to apply for a nonconforming use certificate. However, the bill does not require owners of existing short-term vacation rentals in the CV zoning district or RS district in the Resort areas to register, and that actually needs to be fixed based on what County Council discussed with staff as the intent of the bill. So, we've added Recommendation No. 7, which would fix that and require all short-term vacation rentals to register. Let's see, so as I mentioned, the bill intent is to require all new short-term vacation rentals that are established in zoning districts where they are permissible. I'm sorry, let me back up here. How are new short-term vacation rentals permitted? Okay, so the bill requires registration of all new short-term vacation rentals established in the zoning districts where the use is permissible. Those were those five areas that I showed you earlier. But, the bill does not require registration of new short-term vacation rentals that may be established outside of permissible zoning districts. This would include the County Agricultural zoning district on land in the State Land Use Agricultural District with a Special Permit. So, that's another area that would need to be fixed based on what Council has informed staff as the intent of the bill. REPLOGLE: I have a question and it's regarding the nonconforming use certificate? So, that would mean if you were not in one of the permissible zonings for a vacation rental, you can apply for this nonconforming use certificate? JACKSON: Yes. REPLOGLE: And, have a vacation rental there if it's approved? JACKSON: You can apply for, I'm sorry, you can apply for a nonconforming use certificate for existing vacation rentals. REPLOGLE: But not new? JACKSON: Not new ones, no. The idea is to not allow new short-term vacation rentals in areas outside of where the County Council is proposing they be permitted. REPLOGLE: The zoning that they're saying. JACKSON: Yeah. EXHIBIT C 4