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Planning Commission Regular Meeting Minutes October 17, 2023 Page 5 1 In this Ordinance there are two options. One would be to terminate licensing for all short term 2 rental units beginning with the next licensing period. Because the use is not specifically a 3 residential use and can be viewed as a commercial use of property, there is no specific 4 property right in re-licensing for the existing short-term properties. 5 6 The second option would be to allow re-licensing of the current operations but prohibit new 7 licenses for short-term rental property. The current definition of “Dwelling” is: A building or 8 a unit in a building intended to be occupied by a person or persons as a place of residence, but 9 excluding rooms in motels, hotels, nursing homes and boarding homes, and excluding trailers 10 or tents. One aspect of either option would be to strengthen the definitions to include a 11 definition of “Residence” or “Residential” as: Occupancy of a dwelling or dwelling unit for a 12 period of at least 30 days or longer. A.13 Definition: Residential (or Residence): A dwelling unit that is intended for occupancy 14 for no less than 30 days, whether owned or rented. 15 B.16 Definition: Short-Term Rental: A form of transient occupancy, similar to motels or 17 other such uses, in a residential zoning district which occupancy of a residential 18 building, room or suite of rooms is offered, rented, or used, for periods of less than 30 19 consecutive days. 20 21 C1. No rental license shall be issued for any building, room, or suite of rooms in a 22 residential district for any “Short-term rental” Option 1. 23 24 C2. No rental license shall be issued for any building, room, or suite of rooms in a 25 residential district for any “Short-term rental”, EXCEPT that, any such building, 26 room, or suite of rooms that possessed a rental license with the City as of January 1, 27 2024, and which has been operated as a “Short-term rental”, shall be entitled to apply 28 for a renewal of such license and continue use for short-term rental purposes. 29 Provided that: the property has been maintained in compliance with all applicable 30 regulations, and no citations or violations for noise, lights, property use, parking, or 31 other nuisance conditions have been documented in the prior twelve (12) month 32 period. Option 2. 33 34 During the 2023 legislative session, the Legislature passed a bill authorizing religious 35 institutions beginning Jan 1, 2024, to site micro-unit dwellings on religious institution 36 property. It also requires cities to permit such “Sacred Settlements” of micro-units either via a 37 permitted use or conditional use. This legislation was a part of the State’s efforts to address 38 homelessness and affordability for the target populations. 39 40 The City has churches located in a variety of zoning districts. The operation of the statute 41 relates to “faith communities”, not zoning specifically. The applicable Districts are R-1, R-2, 42 R-3, R-4 and the C District – all by Conditional Use Permit. The use would be construed to be 43 an expansion of a legal non-conforming use, such as a religious institution in the L-1, Light 44 Industrial District, the R-O , Recreation/Open Space District, or the R-1A, Single Family 45 Lakeshore District. Therefore, it is presumed that these settlements would not be allowed