HomeMy WebLinkAbout22274 ORDINANCE NO. 22,274
2
3 AN ORDINANCE TO AMEND VARIOUS SECTIONS OF LITTLE ROCK,
4 ARK.,REV. CODE CHAPTER 17 AND CHAPTER 36 (1988) REGARDING
5 SHORT-TERM RENTALS; AND FOR OTHER PURPOSES.
6
7 WHEREAS,the use of homes for Short-Term Rentals is occurring throughout the City without clear
8 allowances for this land use; and,
9 WHEREAS,a regulatory framework is needed to provide for Life-Safety Standards for both hosts and
10 visitors of Short-Term Rentals; and,
11 WHEREAS,use of residential homes for Short-Term Rentals grants owners opportunities for housing
12 to be used for the purpose of safe temporary rental accommodations throughout the City's collective of
13 neighborhoods;and,
14 WHEREAS, the City has developed an equitable system for permitting Short-Term Rentals,
15 incorporating mechanisms to preserve neighborhood character while allowing reasonable latitude for the
16 use of private residences to generate income; and,
17 WHEREAS, the City divided the meaning of a Bed and Breakfast House into two (2) land use
18 categories: owner occupied(Type 1); and non-owner occupied(Type 2), given the difference in tone and
19 nature of the two(2)types of land use,and crafted an entitlement process;and,
20 WHEREAS,this regulatory framework for operation of Short-Term Rentals helps establish equity in
21 Municipal Tax Collection;Hotel Taxes from Short-Term Rentals will be collected and used in City's efforts
22 to promote travel and tourism.
23 NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
24 OF LITTLE ROCK,ARKANSAS.
25 Section 1. Taxes on Short-Term Rentals are outlined in Little Rock, Arkansas Rev. Code Chapter 17.
26 Licenses,Taxation,and Miscellaneous Business Regulations.
27 Section 2. Little Rock, Arkansas Rev. Code, Chapter 36. Zoning, Article 1. In General, Section 36-3.
28 Same—Uses,as follows:
29 Bed and Breakfast House means an owner-occupied single-family residence which
30 contains not more than five(5) guest rooms, which for a fee may be occupied by a guest
31 for no longer than fourteen (14)consecutive days.
32 Hotel or motel means a temporary abiding place containing six (6) or more guest rooms
33 or units furnishing customary hotel services such as linen, maid service, service and the
34 use of, and upkeep of furniture
35 Be amended to read as follows:
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1 Be amended to read as follows:
2 Bed and Breakfast House/Short-Term Rental Type 1 (STR-1)means an owner-occupied,
3 single-family,two(2)-family or multi-family dwelling unit which contains not more than
4 1 nine (9) bedrooms or guest rooms, no more than one (1) of which may be located in an
5 approved accessory dwelling, which for a fee may be occupied by a guest for no longer
6 than twenty-nine (29) consecutive days. Bed and Breakfast House/Short-Term Rental
7 Type 1 (STR-1)are a land use allowed only where the Planning Commission has granted
8 a Special Use Permit in accordance with Chapter 36. Article II. Section 36-54 Special
9 Use Permits.
10 Bed and Breakfast House/Short-Term Rental Type 2 (STR-2) means a non-owner
11 occupied single-family,two(2)-family or multi-family dwelling unit which contains not
12 more than nine(9)bedrooms or guest rooms,which for a fee may be occupied by a guest
13 for no longer than twenty-nine (29) consecutive days. Bed and Breakfast House/Short-
14 Term Rental Type 2(STR-2)are a land use allowed only where a Planned Zoning District
15 has been approved in accordance with Chapter 36. Article VII. Planned Zoning District.
16 Hotel or motel means a temporary abiding place containing ten(10)or more guest rooms
17 or units furnishing customary hotel services such as linen, maid service, service and the
18 use of, and upkeep of furniture.
19 Section 3. Little Rock, Arkansas Rev. Code, Chapter 36. Zoning, Article II. Administration and
20 Enforcement, Section 36-54. Special Use Permits, Sub-Section(e.)Development Criteria,as follows:
21 1 (1)Bed and Breakfast Hotels
22 a. The occupancy fee may include a continental breakfast(coffee,juice and pastry)
23 to be served to paying guests with no full meals.
24 b. The owner must provide one(1)paved off-street parking space per guest room and
25 one(1)additional for the residence use.
26 c. Allowable signage is that permitted by the Single-Family Residential Standard.
27 d. No receptions,private parties or tours for a fee are allowed.
28 Be amended to read as follows:
29 (1)Bed and Breakfast House/Short-Term Rental Type 1 (STR-1)
30 a. See Article XIII. Bed and Bed and Breakfast House/Short-Term Rentals for
31 development standards and submittal requirement
32 ' Section 4. Little Rock, Arkansas Rev. Code, Chapter 36. Zoning, Article V. District Regulations,
33 Section.36-253.R-1,Single-Family District. Sub-Section(b)Use Regulations.(5)Special uses,as follows:
34 1 a. Bed and Breakfast House
35 Be amended to read as follows:
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1 a. Bed and Breakfast House/Short-Term Rental Type 1 (STR-1)
2 Section 5. That Little Rock,Arkansas Rev.Code be amended to include a new Article for incorporation
3 into Chapter 36. Zoning, providing land use controls for Bed and Breakfast House/Short-Term Rentals
4 (Type 1 &2).
5 ARTICLE XIV. BED AND BREAKFAST HOUSE/SHORT-TERM RENTALS
6 ARTICLE XIV. SEC.36-599 SHORT TITLE
7 This chapter may be cited as the"Short Term Rental Ordinance."
8 ARTICLE XIV. SEC.36-600 PURPOSE
9 Purpose of this Article is to establish regulations for use of residential dwellings as Bed and
10 Breakfast House/Short-Term Rentals, establish a system to track the Short-Term Rental
11 inventory in the City, ensure compliance with Local Performance Standards, provide a means
12 of contact for the Responsible Party of Bed and Breakfast House/Short -Term Rentals, and
13 allow private property owners the right to fully and efficiently utilize their property without
14 undue regulation or interference.
15 DEFINITIONS.
16 A. Administrative Approval shall mean formal acceptance of approval by the Director
17 of Planning and Development,or their designee.
18 B. Bed and Breakfast House/Short-Term Rental Type 1 (STR-1)shall mean an owner
19 occupied single-family, two (2)-family or multi-family property which contains
20 not more than nine (9) bedrooms or guest rooms, no more than one (1) of which
21 may be located in an approved accessory dwelling, which for a fee may be
22 occupied by a guest for no longer than twenty-nine(29)consecutive days.
23 C. Bed and Breakfast House/Short-Term Rental Type 2 (STR-2) shall mean a non-
24 owner occupied single-family, two (2)-family or multi-family property which
25 contains not more than nine(9)bedrooms or guest rooms,which for a fee may be
26 occupied by a guest for no longer than twenty-nine(29)consecutive days.
27 D. Contributing structure shall mean a building within a National Register Historic
28 District that contributes to the historic character of the District, was built during
29 the District's period of significance, and retains its appearance from that time, as
30 determined by the Arkansas Historic Preservation Program.
31 E. Occupant shall mean the person or persons who contracts with the Responsible
32 Party for use of the Short-Term Rental.
33 F. Owner-occupied shall mean owner of the property permanently resides in the
34 Short-Term Rental or in the principal residential unit with which the Short-Term
35 Rental is associated on the same tax parcel.
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G. Rehabilitation shall mean the act or process of making use for an existing structure
2 through repair,alterations and additions.
3 H. Responsible Party shall mean the owner of a Residential Dwelling being used as a
4 Short-Term Rental Type 1 or Type 2, as well as any person designated by the
5 I owner, who is responsible for compliance with this Article by an Occupant. The
6 Responsible Party shall provide for the maintenance of the property and ensure
7 compliance by the Occupant and any guests with the provisions of this Article, or
8 any other applicable law, rule, or regulation pertaining to the use and occupancy
9 of a Short-Term Rental. The owner of the property shall not be relieved of
10 responsibility or liability for noncompliance with the provisions.
11 ARTICLE XIV. SEC. 36-601 BED AND BREAKFAST HOUSE/SHORT-TERM
12 RENTALS(TYPE 1 & 2)ENTITLEMENT
13 (a) Bed and Breakfast House/Short-Term Rental Type 1 (STR-1) is an owner occupied
14 single-family, two (2)-family or multi-family dwelling unit, or a unit within 1,500 feet
15 of said dwelling, which contains not more than nine (9) bedrooms or guest rooms, no
16 more than one(1)of which may be located in an approved accessory dwelling,which for
17 a fee may be occupied by a guest for no longer than twenty-nine(29)consecutive days.
18 1. Bed and Breakfast House/Short-Term Rental Type 1 (STR-1) are a land use
19 allowed only where the Planning Commission has granted a Special Use Permit in
20 accordance with Chapter 36. Article II. Section 36-54 Special Use Permits.
21 A. Business License required.
22 1. Upon Planning Commission approval of a Special Use Permit, the owner
23 shall submit an application for a Business License,which if said license is
24 issued, must be renewed annually.
25 2. Annual Inspection Fee for a STR-1 is of One Hundred Dollars($100.00)
26 per bedroom up to maximum of Five Hundred Dollars($500.00).
27 3. The Annual Inspection Fee would be waived for the first year if the
2$ structure is on the City's UnsafeNacant list,as determined by the Housing
29 and Neighborhood Programs Department, and is rehabilitated for use as
30 an STR-1.
31 B. To qualify for an STR-1 Permit, the owner of the property must permanently
32 reside at the property, or must permanently reside within 1,500 feet of the
33 property, and be a natural person or persons.
34 2. Owner-Occupied status shall be confirmed by at least two(2)documents
35 demonstrating primary residence. Documentation of primary residence
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1 address must match the deed as recorded with the Pulaski County Clerk's
2 Office. Acceptable documents include: Arkansas Driver's License; State
3 of Arkansas ID Card; Pulaski County Voter Registration Card, IRS W2
4 Form;Utility Bill(dated within sixty(60)days);or Bank Statement(dated
5 within sixty(60)days).
6 (b) Bed and Breakfast House/Short-Term Rental Type 2 (STR-2) is a non-owner occupied
7 single-family, two(2)-family or multi-family dwelling unit which contains not more than
8 nine(9)bedrooms or guest rooms,which for a fee may be occupied by a guest for no longer
9 than twenty-nine (29) consecutive days. Bed and Breakfast House/Short-Term Rental
10 Type 2 (STR-2) are a land use allowed only where a Planned Zoning District has been
11 approved in accordance with Chapter 36. Article VII. Planned Zoning District.
12 1. No person or entity shall advertise or operate a property for use as a Bed and
13 Breakfast Home/Short-Term Rental Type 2 (STR-2)without having first obtained
14 Board of Director's approval of a PZD,Planned Zone Development.
15 A. Business License required.
16 1. Upon the Board's adoption of an ordinance for a PZD, the owner can
17 submit application for a Business License,to be renewed annually.
18 2. Annual Inspection Fee for a STR-2 is Five Hundred Dollars($500.00).
19 3. The Annual Inspection Fee would be waived for the first year if the
20 structure is on the City's UnsafeNacant list,as determined by the Housing
21 and Neighborhood Programs Department, and is rehabilitated for use as
22 an STR-2.
23 (c) Pre-Existing Bed and Breakfast House/Short-Term Rental Type 1 (STR-1)Administrative
24 approval for Pre-Existing Bed and Breakfast House/Short-Term Rental Type 1 (STR-1)
25 can be granted. Within six (6) months of the passage of this ordinance, the owner must
26 register the STR-1 with the City, demonstrate the STR-1 was in operation six(6)months
27 prior to passage of this ordinance, demonstrate compliance with all Bed and Breakfast
28 House/Short-Term Rental Type 1 (STR-1)development standards and pay a One Hundred
29 Fifty Dollar($150.00)Administrative Review Fee.
30 1. If Administrative Approval is granted, the applicant will be notified and an
31 inspection will be scheduled, and a One Hundred Dollar($100.00)Inspection
32 Fee is to be collected.
33 2. Following payment of the Administrative Review and Inspection Fee, the
34 Operator shall obtain a Business Permit,to be renewed annually.
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1 3. Annual Inspection Fee for pre-existing STR-1 is One Hundred Dollars
2 ($100.00)per bedroom,up to a maximum of Five Hundred Dollars($500.00).
3 (d) Pre-Existing Bed and Breakfast House/Short-Term Rental Type 2 (STR-2) Non-owner
4 occupied Short-Term Rentals(STR-2's) in operation prior to six(6)months of passage of
5 this ordinance, which have not secured entitlement through a PZD, shall apply for a PZD
6 with the City of Little Rock Planning & Development Department within six(6)months
7 following passage of this ordinance. If no application is received, and/or if the PZD
8 application is not approved,the property shall revert to its former use status.
9 (e) All Bed and Breakfast House/STR-1 &2 Permit holders are responsible for collecting and
10 remitting all applicable room, occupancy, Advertising & Promotion Tax, and Sales and
11 Gross Receipts Taxes required by Arkansas State Law or City Code.
12 ARTICLE XIV. SEC.36-602 RESPONSIBLE PARTY
13 (a) A Responsible Party must be available twenty-four(24)hours per day,seven(7)
14 days per week, for the purpose of responding to City Officials within sixty(60)
15 minutes to complaints regarding the condition of the Short-Term Rental or the
16 conduct of the Occupant of the Short-Term Rental and/or their guests.
17 (b) A Responsible Party, upon notification that any Occupant or guest has created
18 any unreasonable noise or disturbance, engaged in disorderly conduct, or
19 committed a violation of any applicable law, rule or regulation pertaining to the
20 use and occupancy of a Short-Term Rental, shall promptly respond in an
21 appropriate manner within sixty (60) minutes and require an immediate halt to
22 the conduct, and take such steps as may be necessary to prevent a recurrence of
23 such conduct.Failure of the Responsible Party to respond to calls or complaints
24 regarding the condition,operation,or conduct of an Occupant or guest in a Short-
25 Term Rental in an appropriate manner within sixty(60)minutes shall constitute
26 a violation of this Article.
27 (c) A Responsible Party shall provide their contact number and information to all
28 residents adjacent to the Residential Dwelling being used, or will be used, as
29 Short-Term Rental(Type 1 or 2)
30 (d) A Responsible Party shall post on or near the front door of the Short-Term Rental
31 a notice which includes the address of the Rental, emergency contact numbers
32 (including the Responsible Party name and contact number), maximum
33 occupancy, and a diagram showing emergency exit route(s) approved by the
34 Little Rock Fire Department.
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1 1. The responsible party shall answer calls twenty-four (24) hours a day,
2 seven (7) days a week for the duration of each Short-Term Rental period
3 to address problems associated with the STR.
4 ARTICLE XIV. SEC.36-603 DEVELOPMENT STANDARDS.
5 (a.)Purpose and intent of this Section is to establish development standards for bed
6 and Bed and Breakfast House/Short-Term Rentals. Compliance with these
7 development standards shall be demonstrated by applicants requesting
8 entitlements for STR Type 1 &2.
9 1. For STR-1 Applications, compliance with these development standards
10 shall be demonstrated and submitted as a supplement to a Special Use
11 Permit Application.
12 2. For STR-2 Applications, compliance with these development standards
13 shall be demonstrated and submitted as a supplement to the minimum
14 criteria required for the submittal of a Planned Zoning District
15 Application.
16 3. Density of Short-Term Rentals - There shall be no more than 500 Short-
17 Term Rentals at any one time within the corporate boundary of the City of
18 Little Rock.
19 (b.)Development Standards.
20 1. Hosting of private parties and special events such as weddings,receptions,
21 and other similar gatherings is not allowed in Short-Term Rentals.
22 2. No tours for a fee are allowed to anyone other than an occupant.
23 3. The Occupancy Fee may include any meal to be served to paying guests;
24 no other meal service is permitted.
25 4. Allowable signage is that as permitted by the Single-Family Residential
26 Standard.
27 5. Parking plan must be provided with permit application. Off-Street
28 Standard for STRs shall be provided in accordance with Little Rock
29 Arkansas Code,Chapter 36 36-54(e)(1).
30 If on-street parking is proposed as an alternative to meet the above
31 requirements, parking must be available for guest use within 330 feet of
32 the Short-Term Rental and parking plan must address neighborhood
33 impact. If the Short-Term Rental is proposed within a Design Overlay
34 District, any alternate parking requirements, as provided in Little Rock,
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1 Arkansas Rev. Code, Chapter 36. Zoning, Article V. District Regulations
2 shall be applicable.
3 6. Applicants shall provide a scaled floor plan that includes all of the rooms
4 available for rent with location of windows, doors, and smoke detectors
5 identified. Smoke detectors (certified) are required in all sleeping areas,
6 in every room in the path of the means of egress from the sleeping area to
7 the exit, and in each story with sleeping unit, including basements.
8 7. All sleeping areas must have two(2)ways of egress, one of which can be
9 an operable window.
10 8. Proof of Homeowner's, Fire, Hazard and Liability Insurance. Liability
11 coverage shall have limits of not less than One Million Dollars
12 ($1,000,000.00)per occurrence.
13 9. All persons operating a Bed and Breakfast House/Short-Term Rental
14 (Type 1 & 2) shall meet all applicable requirements of the City of Little
15 Rock's Municipal Code, Chapter 12, Fire Prevention and Protection,
16 Article II. Arkansas Fire Prevention Code. Prior to use as a Bed and
17 Breakfast House/Short-Term Rental(Type 1 &2),the annual City of Little
18 Rock, Building Code and Fire Marshal inspection fee must be paid and
19 payment of annual Business License received.
20 10. Smoke alarms shall be installed, all smoke alarms shall meet local and
21 State Standards(current Fire Code). Smoke alarms shall be installed in all
22 sleeping areas and every room in the path of the means of egress from the
23 sleeping area to the door leading from the sleeping unit.
24 11. Carbon monoxide detectors shall be installed as directed by City Staff if
25 there are fuel-fired appliances in the unit or the unit has an attached
26 garage.
27 12. Five (5)-pound ABC-type extinguisher shall be mounted where readily
28 accessible.
29 13. No recreational vehicles, buses, or trailers shall be visible on the street or
30 property in conjunction with the Bed and Breakfast House/Short-Term
31 Rental use.
32 14. Principal renter shall be at least eighteen(18)years of age.
33 15. Maximum occupancy.Maximum occupancy of any room or structure as a
34 whole shall be determined by the Arkansas Fire Prevention Code.
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1 16. Simultaneous rental to more than one party under separate contracts shall
2 not be allowed.
3 17. The owner shall not receive any compensation or remuneration to permit
4 occupancy of a STR for a period of less than a one(1)-day rental.
5 ARTICLE XIV.SECTION 36.604 COMPLIANCE
6 (a.)It is unlawful for any Responsible Party to offer for rent a Bed and Breakfast
7 House/Short-Term Rental or to operate a Bed and Breakfast House/Short-Term
8 Rental without a Business License. Owners shall not list a property or units
9 online until they have received a Business License,operation of an STR without
10 a Business License shall make the owner ineligible to apply for a Business
11 License for up to one(1)-year.
12 (b.)It is the intent of the City of Little Rock that complaints regarding Bed and
13 Breakfast House/Short-Term Rental properties be resolved according to existing
14 State Law and City of Little Rock Ordinances pertaining to public nuisances,
15 vehicles and traffic,health and safety, and public peace,morals,and welfare.
16 (c.) Sanctions:
17 1. In addition to any other remedy or procedure authorized by law, for three
18 (3) or more confirmed violations of or failure to comply with any of the
19 standards of this Article in a calendar year, the Director of the Planning
20 and Development or his/her designee may revoke a Business License and,
21 in addition, may order that no new Business License be issued for up to
22 one(1)-year pursuant to the following procedures.
23 a. Prior to the revocation of any Business License or the denial of a
24 Business License for repeated violation of the provisions of this
25 Article, written notice of the reasons for such action shall be
26 served on the Owner and/or Responsible Party in person or by
27 certified mail at the address on the permit application.
28 b. Revocation shall become final within ten (10) days of service
29 unless the Owner and/or Responsible Party appeals the action.The
30 Owner and/or Responsible Party shall provide the appeal in
31 writing to the Director of Planning & Development or his/her
32 designee within ten(10)days of receipt of the notice.The written
33 Notice of Appeal must state the reasons for the appeal and the
34 relief requested.
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1 c. Should the owner and/or Responsible Party request an appeal
2 within the ten (10)-day period, the Director of the Planning &
3 Development Department or his/her designee shall notify the
4 owner and/or Responsible Party in writing of the time and place
5 of the hearing.
6 d. Appeals shall be heard by the Board of Adjustment as an
7 Administrative Appeal pursuant to Chapter 36, Division 4.
8 Section 36-109 of the Little Rock Zoning Code. For good cause
9 shown, the Board may affirm or reverse the decision to revoke a
10 Business License.
11 e. Once a Business License for an Short-Term Rental has been
12 revoked, no new Business License shall be issued to the applicant
13 for the same property for a period of one(1)-year.
14 Section 5. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
15 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or
16 adjudication shall not affect the remaining portions of the ordinance which shall remain in full force and
17 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the
18 ordinance.
19 Section 6.Repealer. All laws, ordinances, resolutions, or parts of the same that are inconsistent with
20 the provisions of this ordinance are hereby repealed to the extent of such inconsistency.
21 PASSED: June 20,2023
22itC, APPROVED:
23 1141.
24 _-� �t _
25 us:n Lan. • , ity Clerk Frank Scott,Jr., 4 .
26 APP' : a.s • 0 LEGAL FORM:
27
28 Z1.OM.•4.4
29 Thomas M. Carpenter,City Atto y
30 1/
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