Ordinance 073-19RECORD OF ORDINANCES
BARRETT BROTHERS - DAYTON, OHIO
Ordinance No. 73-19 (Amended)
Passed ,
ADOPTING CHAPTER 122 UNDER TITLE XI OF THE CITY
OF DUBLIN CODIFIED ORDINANCES TO REGULATE
SHORT-TERM RENTAL FACILITIES.
WHEREAS, municipalities across the United States have implemented, or
are implementing, regulations and standards for short-term rental facilities
and the online hosting platform industry; and
WHEREAS, the State of Ohio and the City of Dublin currently have no
regulations on short-term rentals and online hosting platforms; and
WHEREAS, Council referred the question of regulating short-term rentals
within the City of Dublin to the Community Development Committee to
consider whether the City would be best served by implementing
restrictions on short-term rentals; and
WHEREAS, the Community Development Committee considered this
question at its September 16, 2020, meeting, and determined that short-
term rental units should be limited to no more than 2 weeks per year to
preservE'. the health, safety, and welfare of the City; and
WHEREAS, the Community Development Committee recommends that
the City impose restrictions on the use of short-term rentals to maintain
the distinct character and family atmosphere of the City of Dublin.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Dublin, Delaware, Franklin, and Union Counties, State of Ohio, of
the elected members concurring:
Section 1. That Chapter 122 of Title XI of the Codified Ordinances of the
City of Dublin, Ohio, as set forth in the attached Exhibit A, is hereby
adopted.
Section 2. That Council hereby authorizes the City Manager, Law Director,
and Finance Director to seek a Memorandum of Understanding with online
hosting platforms that City permit numbers shall be prominently posted on
the hosting platform and any other agreement necessary to effectively
implement this Ordinance.
Section 3. That Council finds that all deliberations and actions of the public
body relating to this Ordinance were taken in an open meeting in
compliance with Section 121.22 of the Ohio Revised Code.
Section 4. This Ordinance shall take effect in accordance with Section
4.04(b) of the Dublin Revised Charter.
Passed this AA � day of C��4%D�-G''-- , 2020.
Mayor — Presiding Officer
ATTEST:
Clerk of Council
Form 6220S
Office of the City Manager
75555 Perimeter Center • Dublin, OH 43017-1090
City of Dublin Phone: 614-410-4400 • Fax: 614-410-4490 Memo
To: Members of Dublin City Council
From: Dana L. McDaniel, City Manager
Date: October 6, 2020
Initiated By: Jennifer D. Readler, Law Director
Thad Boggs, Assistant Law Director
Re: Ordinance 73-19 (Amended) - Adopting Chapter 122 Under Title IX of the City
of Dublin Codified Ordinances to Regulate Short -Term Rental Facilities
Background and Summary of Prior Action
Council reviewed a prior draft of this legislation at its December 2, 2019 and January 6,
2020 Council meetings and, after hearing testimony from interested parties, referred the matter
back to the Community Development Committee (CDC) for additional consideration. The CDC
meeting planned for March was pushed to September 16 due to COVID-19. This memorandum and
the accompanying legislation reflects changes requested by the CDC for Council's consideration. It
also incorporates suggestions made by Council back in December and January including the
exclusion of corporate housing facilities and existing "traditional" bed and breakfasts from the
proposed regulations.
Background
Airbnb, HomeAway, and other sites provide online marketplaces for homeowners to offer
homes and spare rooms for rent to travelers. The emergence of the short-term rental market has
prompted discussion among local governments across the country about whether and how to
regulate short-term rental uses. Results of local regulatory efforts have frequently failed to live up
to expectations. They have also prompted litigation, for example, Airbnb litigation against
Anaheim, San Francisco, New York City, and Santa Monica in recent years.
The City of Columbus, the state's largest short-term rental market, adopted regulations for
short-term rentals after hearing from over 50 residents during two council meetings. The
ordinance requires 'short-term rental hosts' to obtain a permit prior to renting their dwelling to
guests, be the owner/primary resident of the home, maintain detailed records, and be willing to
submit to inspections of the property upon request by the City. Those requirements were
implemented in this draft ordinance.
Staff has been monitoring the availability of short-term rentals available through Airbnb,
Homeaway, and VRBO daily. For example, on the weekend of October 23-25, there are 3 rentals
available (one in Muirfield Village, one in Earlington Village, and one in Brandon Village). The only
rentals on Homeaway and VRBO were the Frantz Road/Tuttle Crossing hotels.
Airbnb recently announced several changes it plans to implement in 2020. These include a
verification process so that renters know exactly who and what they are renting, a 24/7 rapid
response phone line with live operators to assist renters with issues, and a guarantee for guests if
Memo re. Short -Term Rental Ordinance
October 6, 2020
Page 2 of 3
their rental does not meet certain standards. These are all welcome developments for the City as it
reflects acknowledgment of issues within the industry.
ImDlementation Plans and Summary of Proposed Ordinance
This draft ordinance adds a new chapter to the business regulations section of the Dublin
Code to prohibit renting short-term rentals for more than 2 weeks in a calendar year, and specifies
that rentals must be made for an entire week, not by the night. It requires property owners
wishing to rent their home or rooms in their home as a short-term rental to register with the City
and submit a form prior to each rental with pertinent information. This regulation applies to short-
term rental hosts using online hosting platforms (e.g. Airbnb) and traditional advertising methods
such as classified advertisement sections. Finally, as an added benefit, this regulation will facilitate
the collection of the bed tax from short-term rental hosts by providing contact information for such
hosts within the city.
The Planning Department is currently working on electronic submission forms that will be
provided online for both the initial and supplemental registration requirements. Planning and Legal
plan to work with Communications and Public Information to develop an education/awareness
program regarding the new requirements for residents.
The first set of information below walks through the modifications and additions based on
CDC recommendations made at their September 16' meeting. The second set of information is
what Council considered in January and explains the general outlines of the draft regulation.
CDC Suggested Changes
• The CDC recommended the legislation be changed from capping rentals to 14 individual
nights to no more than 2 weeks in a calendar year, to be rented in one-week increments.
In other words, a property owner can rent their home for a one-week period in January
and a one-week period in December but cannot rent their home for 14 individual nights
throughout the year.
• The CDC recommended a progressive scale of penalties to be imposed upon the property
owner for nuisance calls to the property. The revised legislation includes a provision that a
first offense results in a 6 -month suspension; a second, a one-year suspension; and a third,
a permanent suspension of the ability to register the home as a short-term rental. These
are in addition to the criminal penalties for failing to register as a short-term rental.
• The CDC recommended all short-term rentals, whether hosted or unhosted, be treated the
same. Prior Council and CDC discussions centered on whether or not to differentiate
between hosted and unhosted rentals (i.e., is the home -owner present while the tenant is
present?).
• The CDC recommended additional questions and information be added to the registration
form including how many cars and guests will be present at the short-term rental.
Memo re. Short -Term Rental Ordinance
October 6, 2020
Page 3 of 3
The CDC recommended stiffening the financial penalties for failure to register due to the
lucrative nature of certain short-term rental properties. The draft legislation caps a first-
time offense at a $250 fine but increases subsequent offenses to $1000 fines.
The CDC discussed permitting short-term rentals in certain zoning districts, such as the
Bridge Street District, or creating an overlay district that would permit such rentals in areas
more dedicated to mixed-use or commercial settings. The mixed-use neighborhoods in the
BSD include the Indian Run Neighborhood, Sawmill Center Neighborhood, and the Scioto
River Neighborhood, which would include most of the multiple family uses in the BSD.
However, Tuller Flats, Sycamore Ridge and the multiple family uses behind LaScala and
Oakland would not be included because they are zoned BSD Residential. Based on CDC's
discussion, we do not believe it is desirable to include the entire residential zoning district.
Additionally, the remaining mixed-use neighborhood in BSD is the Historic Transition
Neighborhood, which again, based on the CDC's discussion would not be a neighborhood
where short-term rentals should be permitted without restriction. Staff does not
recommend including these allowances in the draft legislation at this time given the
complications they present. However, should Council recommend incorporating this
approach, any Zoning Code changes and overlay districts would first go through the
Planning & Zoning Commission process.
General Outline of Regulation
• Requires property owners to complete an application seeking registration with the Planning
Director if he or she wishes to rent a room or dwelling as a short-term rental for any period
of time, including maximum occupancy and parking.
• Lists permissible reasons that the Planning Director may deny such application and a
process for appeals.
• Requires the property owner to submit a supplemental form to the City prior to each rental
that identifies the length of rental, number of people, and number of vehicles present
during such rental.
• Provides the Planning Director the authority to inspect short-term rental units.
Does NOT affect long-term rental units or commercial corporate housing in any way.
Recommendation
Staff recommends approval of Ordinance 73-19 (Amended) at the October 12, 2020 Council
Meeting.
Exhibit A
Chapter 122 — Short -Term Rental Operations
122.01 DEFINITIONS
For the purposes of this Chapter, the following terms, phrases, and words shall have the meanings
given to them herein.
"Short -Term Rental" means any room or dwelling that is rented wholly or partly for a fee for less
than thirty (30) consecutive days by persons other than the permanent occupant or owner from
which the permanent occupant or owner receive monetary compensation, whether such
compensation is paid directly by the short-term rental guest or is collected and remitted to the
permanent occupant or owner by a hosting platform. "Short -Term Rental" does not include a
room in any Hotel or Motel, as defined elsewhere in the Codified Ordinances. "Short Term Rental"
also does not include corporate housing, meaning temporary housing provided through an entity
for which an affidavit in a form satisfactory to the Planning Director has been completed attesting
that such entity is engaged primarily in the business of providing temporary housing services for
corporate clients, regardless of duration.
"Short -Term Rental Operation" or "operation of a short-term rental" means the occupancy for a
fee of any room or dwelling in a short-term rental by a transient guest.
"Hosting Platform" means a person or entity that participates in the transient rental business by
providing, and collecting or receiving a fee for, booking service through an online platform that
allows an operator to advertise the transient rental unit through a website hosted by the hosting
platform. Examples include, but are not limited to, Airbnb, VRBO, and HomeAway.
"Transient Guests" means persons occupying a room or rooms for sleeping accommodations for
less than thirty (30) consecutive days.
"Short -Term Rental Guests" means persons renting temporary lodging from a short-term rental
host, or through a hosting platform on behalf of the short-term rental host, for less than thirty
(30) consecutive days.
"Guestroom" means a room offered to the public for a fee that contains, at a minimum, provisions
for sleeping.
"Permanent Occupant" means persons who reside in a dwelling more than 51% of the time during
a calendar year; the dwelling in which the persons reside shall be referred to as their primary
residence.
"Primary Residence" means a residence that is the usual place of return for housing as
documented by at least two of the following: motor vehicle registration, driver's license, tax
documents, lease copy or a utility bill. An owner or permanent occupant can only have one
primary residence.
"Dwelling" means any building or structure which is occupied or intended for occupancy in whole
or in part as a home, residence, or sleeping place for one or more persons.
122.02 CAP ON RENTAL NIGHTS
(A) Short-term rental operators are prohibited from renting any room or dwelling to transient
guests for more than two (2) weeks total in a calendar year. The short-term rental may be rented
up to two (2) times per year, in increments up to seven (7) days each.
(B) If a property owner wishes to rent a room or dwelling for more than two (2) weeks in a
calendar year, such rental must be to the same tenant and for a lease term of at least thirty (30)
consecutive days.
122.03 REGISTRATION REQUIRED
(A) No person, including but not limited to an owner, operator, manager, or employee shall
engage in, conduct, or carry on, or permit to be engaged in, conducted or carried on, in or upon
any premises in the city of Dublin, the operation of a short-term rental in a calendar year without
registering in accordance with this chapter.
(B) A registration application may be submitted at any time to the Planning Director, or his/her
designee. If the registration application is approved, such registration shall take effect on the day
of approval and shall expire on December 31't of the year approved; provided, however, that if
an initial registration application is approved on or after September 1, the registration shall be
effective until December 31 of the next calendar year.
(C) Registration to operate a short-term rental shall be renewed by the applicant before the
end of each calendar year.
The deadline for submitting an application for renewal shall be the first Monday of November of
the year in which the registration is set to expire. Failure to renew shall result in expiration on
December 31'. If a permit is successfully renewed, it shall be in effect for the next calendar year,
beginning on January 1't and expiring on December 31't of the same year.
(D) The short-term rental operator must maintain a copy of the permit on premises.
(E) Bed and breakfast establishments lawfully operating within the City, as defined by Section
153.002(B)(2)(a) and Section 153.059 of the Codified Ordinances, shall not be subject to the
requirements of Chapter 122 provided that such establishments were in operation prior to the
effective date of Ordinance ##-20, and have not ceased operation for more than ninety (90)
consecutive days.
122.04 SHORT-TERM RENTAL REGISTRATION, NEW AND RENEWAL
(A) An application for a short-term rental permit, and/or renewal of a permit, shall be made
to the Planning Director, or his/her designee, upon approved forms, for an application fee of
$225. City Council shall have authority to amend the fee amount from time to time to reflect the
costs of administering this Chapter.
(B) The application for a permit to operate a short-term rental shall contain the following
information:
(1) Name of the applicant, including mailing address, telephone number, and email
address;
(2) Sufficient information to demonstrate compliance with either the permanent
occupancy or ownership requirements outlined in Section 122.01;
(3) The names of all hosting platforms that are used by the short-term rental host and
proof of rental insurance for the unit rental;
(4) The names of all advertising outlets in which the short-term rental host intends to
advertise such rental if the short-term rental host is not using a hosting platform;
(5) The maximum number of occupants that will be accommodated at the short-term
rental, not to exceed two (2) per bedroom;
(6) The maximum number of motor vehicles that will be permitted to park at the short-
term rental; this number shall not exceed the number that can be garaged on -premises, plus two
that may park in a driveway, plus two that may park on -street;
(7) An affidavit attesting that the short-term rental operation is in compliance with all
applicable local, state, and federal laws and regulations concerning the provision of sleeping
accommodations to transient guests.
(C) The applicant must notify the Planning Director, or his/her designee, of any change in
information contained in the permit application within 10 days of the change.
(D) Any change in ownership of the dwelling shall void the current registration and shall
require submission and approval of a new registration application.
(E) A short-term rental shall be assigned an individual registration account number that must
be prominently posted with the unit on a hosting platform or in any other advertisement regarding
the unit. Said valid registration shall be displayed but removed upon expiration.
(F) Prior to each rental, the registered owner of the short-term rental must also submit to the
Planning Director, upon approved forms, the following information:
(1) The maximum number of people that will be present in the room or dwelling during
the rental;
(2) The maximum number of motor vehicles that will be present during the rental (up
to two of which may be parked on a driveway and up to two may be parked on -street);
(3) The date and approximate time frame for occupancy of the transient guests.
(4) A contact name and number for the rental host that may be used 24/7 for any
issues related to the short-term rental unit or transient guests.
122.05 SHORT-TERM RENTAL OPERATOR — REQUIREMENTS
(A) Short-term rental host requirements
(1) One short-term rental registration per short-term rental operation may be issued.
(2) If a short-term rental host is not the property owner, but a permanent occupant of
the dwelling, the host shall obtain permission from the property owner of the dwelling
to register the dwelling on any hosting platform or to advertise the dwelling in any
other manner for use as a short-term rental.
(3) Rentals for 30 or more consecutive days by the same guest(s) will not be subject to
short-term rental regulations.
(B) Records required
Short-term rental hosts that offer short-term rentals shall retain and, upon request, make
available to the Planning Director, or his/her designee, official records to demonstrate compliance
with this section, including, but not limited to, primary residency, the dates and duration of each
stay in the short-term rental, the rate charged for each short-term rental on each night, the
maximum occupancy permitted at the short-term rental, and the maximum number of motor
vehicles permitted at the short-term rental.
122.06 GROUNDS FOR DENIAL
(A) The Planning Director, or his/her designee, shall approve a registration, or grant the
renewal of an existing registration, except as provided in divisions (B) and (C) of this section.
(B) The Planning Director, or his/her designee, shall deny any application for a new
registration, or renewal of registration, if any of the following are shown to have occurred at the
short-term rental property:
(1) The applicant makes a material misrepresentation of fact on the application;
(2) The applicant or owner of the short-term rental has been convicted of violating section
122.02(A) of this chapter;
(3) The short-term rental host is not in good standing with the City of Dublin Income Tax
Division;
(4) The short-term rental has a documented history of repeated conduct that endangers
neighborhood safety or of conditions interfering with the use and enjoyment of property within
its vicinity; or of conduct in violation of Section 122.10.
(C) Evidence of conduct under divisions (A) and (B) of this section need only be that of de
facto violation of law; evidence of conviction is not a prerequisite for denial unless specifically
indicated.
(A) The Planning Director, or his/her designee, may revoke and/or suspend a short-term
rental registration if a unit is listed on a hosting platform or advertised elsewhere without the
registration number as required under section 122.03(E); or is perpetuating conditions interfering
with use and enjoyment of properties within its vicinity; or is delinquent in filing or payment with
the City of Dublin Income Tax Division; or has exceeded the limitation set forth in Section
122.02(A); or is engaging in conduct in violation of Section 122.10. Conditions interfering with
use and enjoyment of properties within the vicinity of a short-term rental include, but are not
limited to:
(1) Noise audible beyond the boundary of the property on which the short-term rental is
located;
(2) Occupancy by a number of short-term rental users exceeding the maximum number
included in the registration for the short-term rental;
(3) Parking of a number of motor vehicles exceeding the maximum number included in
the registration for the short-term rental; or
(4) Uninvited entry of short-term rental occupants upon private property within five
hundred (500) feet of the short-term rental.
(B) A violation of any of the conditions in Section 122.07(A) shall result in progressive
discipline:
(1) Upon the first violation, the registration for the Short -Term Rental shall be
terminated and the short-term rental host prohibited from re -registering for 6 months from the
date of termination.
(2) Upon the second violation, the registration for the Short -Term Rental shall be
terminated and the short-term rental host prohibited from re -registering for 1 year from the date
of termination.
(3) Upon the third violation, the registration for the Short -Term Rental shall be
terminated and the short-term rental host prohibited from re -registering at any time in the future.
122.08 APPEAL OF DENIAL OR REVOCATION OF REGISTRATION
In the event an applicant has been denied a registration, or if a registration has been revoked or
suspended, the party affected shall have the right to appeal to the City Manager from such denial,
revocation, or suspension within 10 business days. Notice of appeal shall be filed with the City
Manager's office on a form created by the City Manager for such purpose, and the City Manager
shall set the date and time of the appeal hearing. The burden of proof in such an appeal shall be
upon the appellant to show that the denial or revocation was arbitrary or unreasonable.
122.09 AUTHORITY TO CONDUCT INSPECTIONS
The Planning Director, or his/her designee, may inspect the short-term rental unit to ensure
compliance with this chapter with the consent of the owner or occupant or, if consent is denied,
may pursue other legal authority for inspection.
122.10 TRANSFER OF SHORT-TERM RENTAL REGISTRATION PROHIBITED
No registration under this chapter shall be transferable to another short-term rental operation.
122.11 DISCRIMINATION PROHIBITED
(A) A short-term rental host shall not
(1) Decline a short-term rental guest based on race, sex, sexual orientation, gender
identity or expression, color, religion, ancestry, national origin, age, disability, familial status, or
military status;
(2) Impose any different terms or conditions based on race, sex, sexual orientation,
gender identity or expression, color, religion, ancestry, national origin, age, disability, familial
status, or military status;
(3) Post any listing or make any statement that discourages or indicates a preference for
or against any short-term rental guest on account of race, sex, sexual orientation, gender identity
or expression, color, religion, ancestry, national origin, age, disability, familial status, or military
status.
122.12 SEVERABILITY
(A) In the event any section or provision of this chapter shall be declared by a court of
competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity
of this chapter as a whole or any part thereof other than the part so declared to be invalid or
unconstitutional.
122.13 SHORT-TERM RENTAL PENALTY
(A) Whoever violates any provision of this Chapter shall be guilty of an unclassified
misdemeanor and shall be fined not more than $250.00. Upon subsequent convictions, the
penalty shall be an unclassified misdemeanor but the guilty party shall be fined not more than
$1,000.00, in addition to any other penalties as imposed by this chapter.
4836-0862-7877v13
DUBLIN CITY COUNCIL
COMMUNITY DEVELOPMENT COMMITTEE
Wednesday, September 16, 2020
Minutes of Meeting
Chair Reiner called the September 16, 2020 Community Development Committee meeting to
order at 5:01 p.m.
Committee members present: Mr. Reiner, Mr. Keeler and Mayor Amorose Groomes.
Staff members present: Ms. Rauch, Ms. Readler, Mr. Boggs, Ms. Husak and Mr. Ridge.
Approval of Minutes
Mayor Amorose Groomes moved to approve the Community Development Committee minutes
of June 15, 2020.
Mr. Keeler seconded the motion.
Vote on the motion: Mr. Reiner, yes; Mayor Amorose Groomes, yes; Mr. Keeler, yes.
Beautify Your Neighborhood Grant Applications
Mr. Ridge thanked the applicants for their patience during the delays due to the pandemic. He
reported that five applications were received totaling $24,172. The total budget allocated to
the Beautify Your Neighborhood Grants is $32,000.
Balgriffin proposal includes:
o Removal of existing shrubs behind the stone entry feature and replace with new
lower -growing plant variety for increased visibility;
o New or replacement plants and trees installed in front of the stone entry feature;
o Resetting the stone wall;
o Power washing of the stone entry; and
o New post lighting on the entry feature and up lighting for the existing European
Hornbeam trees.
Mr. Ridge stated that staff was supportive of the $5,000 grant amount requested; however,
staff recommended that the applicant choose one of the following three alternatives to the
Weeping Red Japanese Maple: Satomi Dogwood, Great Wall Lilac or a Seven Son Flower. The
total project cause is estimated to be $13,457.
Mayor Amorose Groomes stated that it will be a lovely upgrade. She noted that the grants do
not usually apply to maintenance items, such as the power washing. It is used only for
improvements and enhancements.
Mayor Amorose Groomes asked if there was any existing lighting at the entrance. Mr. Ridge
stated there is lighting only at the top.
Mayor Amorose Groomes stated that she liked the choice of plants.
Committee Development Committee Minutes
September 16, 2020
Page 2 of 8
Mr. Keeler stated that there were alternatives recommended in this project. He asked if the
representative was okay with the alternatives that were given. Mr. Tom Hutcheson was present
on behalf of the Balgriffin neighborhood. He stated the recommended alternatives were fine.
Mr. Keeler moved to recommend approval of the grant application for $5,000.
Mayor Amorose Groomes seconded.
Vote on the motion: Mr. Keeler, yes; Mayor Amorose Groomes, yes; Mr. Reiner, yes.
Cortona proposal includes:
o the removal of several diseased shrubs and trees which have died since the
original installation;
o New plant material, which includes Lime Hydrangeas, Gold Mop Cypress and Red
Sprite Winterberry among others, focuses on disease resistant replacements that
provide a four -season appeal;
o The trees are proposed to be replaced with six pink flowering Crabapple
deciduous trees.
Mr. Ridge stated that staff is generally supportive of this $5,000 grant request; however, staff
recommended that the applicant choose one of these deer -resistant alternatives to the
Hydrangeas, such as Baptisia, Bottlebrush Buckeye, Elderberry, Red Twig Dogwood or Judd
Viburnum.
Mr. Keeler agreed with the need for deer resistant plants and asked if the applicant was
accepting of the recommended alternatives. Ms. Lori Davis was present on behalf of the
Cortona neighborhood and stated they agreed with the recommendation. She added that the
neighborhood has a design team that will work on the recommended alternatives.
Mayor Amorose Groomes clarified whether or not staff was supportive of the Bottlebrush
Buckeye. Mr. Ridge stated that staff was supportive of the Bottlebrush Buckeye and that it is a
recommended alternative.
Mayor Amorose Groomes stated that the Bottlebrush Buckeye is a great selection but takes
patience because it does take a few years to establish. She stated that color has been
incorporated in their plant selections.
Mr. Reiner stated that there are types of Hydrangeas that deer do not eat. He asked Mayor
Amorose Groomes for her opinion on Hydrangeas. She stated that they seem to eat the
Macrophylla Hydrangeas but leave other types alone.
Mr. Reiner added that, for this area and for color, Hydrangeas are hard to beat.
Mr. Keeler moved to recommend approval of the grant application for $5,000.
Mayor Amorose Groomes seconded.
Vote on the motion: Mr. Keeler, yes; Mayor Amorose Groomes, yes; Mr. Reiner, yes.
Savona proposal includes:
o a phased approach to enhancing the lighting and landscaping in the area;
o Phase 1, which is the only phase in review for this round of funds, calls for the
installation of three fountain lights in the pond located at the intersection of
Winemack Lane and Vineyard Haven Drive;
Committee Development Committee Minutes
September 16, 2020
Page 3 of 8
o Phase 1 also includes the installation of new plants including Amsonia Hubrichtii,
Little Lime Hydrangeas and Shasta daisies.
Mr. Ridge stated that staff is generally supportive of this request for a $4,992 grant; however,
staff recommended that the applicant choose one of these deer -resistant alternatives to the
Hydrangeas, such as Baptisia, Bottlebrush Buckeye, Elderberry, Red Twig Dogwood or Judd
Viburnum.
Ms. Varrera was present on behalf of the Savona neighborhood. She stated that the residents
agree with the recommendations from staff. She also included that this area is very dark at
night, so the lighting is not only aesthetically pleasing but also necessary for safety.
Mayor Amorose Groomes noted that a Judd Viburnum would likely do well in this area, but that
she would refrain from using the Red Twig Dogwood in an exposed area like this.
Mr. Reiner added that he particularly likes any of the dwarf catmint plants as well. He wanted
to mention those as an alternative to the Shasta Daisy. Mayor Amorose Groomes noted that
the Shasta Daisy is invasive also. They will not stay where you plant them.
Mr. Keeler moved to recommend approval of the grant application for $4,992.
Mayor Amorose Groomes seconded.
Vote on the motion: Mr. Keeler, yes; Mayor Amorose Groomes, yes; Mr. Reiner, yes.
Tartan Ridge proposal includes the hedgerows along the north and south sides of
Glacier Ridge Boulevard, between Tartan Ridge Boulevard and Glacier Ridge Elementary
School. Over the years, the neighborhood has observed the steady decline of the
existing Bailey Compact Cranberry shrubs, which form the hedgerows. The applicant is
proposing to replace these plants with new Regal Privet shrubs. Regal Privet has proven
to be a hardier variety, whereas the Bailey Compact Cranberry variety typically has only
lived for approximately four years in moderate to poor health before needing replaced.
Mr. Ridge stated that staff is supportive of this $5,000 grant request and has no alternative
recommendations.
Mr. Richard Wolfe was present on behalf of the Tartan Ridge neighborhood. He stated that
83% of their budget is spent on landscaping. The total for this project is about $30,000. He
stated that they have been getting bids. He stated that this is a significant expense for the
HOA.
Mr. Reiner stated that the plant selection is wise.
Mayor Amorose Groomes asked if anyone investigated why the Bailey Compact Cranberry
shrubs failed. Mr. Wolfe stated that staff members from the City have come out and
determined it just isn't a hardy enough shrub for this area.
Mayor Amorose Groomes stated that the Privet and the Boxwood are both good choices and
added that the Privet is going to get large. She commented on the failed plant material issues
and stated that a mass failure of a hedge like this is indicative of a systemic problem. Mr.
Reiner agreed that the Privet is hardy.
Mayor Amorose Groomes moved to recommend approval of the $5,000 grant request.
Mr. Keeler seconded.
Vote on the motion: Mayor Amorose Groomes, yes; Mr. Keeler, yes; Mr. Reiner, yes.
Committee Development Committee Minutes
September 16, 2020
Page 4 of 8
Woods of Indian Run proposal encompasses the entry to the neighborhood, which is
located at Coffman Road and Forest Run Road. Since installation, many of the Balsam
Fir and White Pine Trees have become diseased and have died, leaving bare spots in the
landscaping south of the entry feature sign. The proposal is for the installation of 20
Arborvitae trees and two Burning Bush to replace the dead/removed trees.
Mr. Ridge stated that staff is supportive of this $4,180 request; however staff recommended
that the applicant work with staff to mark the location of the proposed Arborvitae prior to
planting.
Mr. Troy Ehrsam was present to represent the Woods of Indian Run neighborhood.
Mayor Amorose Groomes moved to recommend approval of the $4180 grant request.
Mr. Keeler seconded.
Vote on the motion: Mr. Keeler, yes; Mayor Amorose Groomes, yes; Mr. Reiner, yes.
Short -Term Rental Regulation
Ms. Readler gave a brief overview of the January 6, 2020 Council meeting considered proposed
legislation regarding short-term rental regulation and restriction. The proposed legislation
before Council required all property owners to register their home as a short-term rental and
limited the number of nights that a home could be rented to no more than 14 per year.
Mr. Boggs provided a presentation looking at the discussion of this topic over the last 3 years.
He then asked the Committee to consider and provide feedback regarding seven options. The
options were:
1. Adopt a policy outlining City expectations;
2. Require registration of all short-term rentals;
3. Differentiate between hosted and unhosted short-term rentals;
4. Place a cap on the number of nights that a short-term rental can operate;
5. Prohibit or permit short-term rentals in designated zoning districts;
6. Prohibit all short-term rentals; and
7. Maintain the status quo.
The Committee opted to have resident testimony before their discussion.
Mr. Bob Fathman was present representing Muirfield Homeowners Board. He stated that their
board does not have a formal position, but there have been resident complaints. The board
was going to talk about restrictions, but then decided to wait for Council's action on the matter.
He is hopeful of some sort of regulation and added that he would like rentals to be allowed for
PGA tour events. He stated that there are a few absentee homeowners that have generated
complaints.
Mr. Reiner asked how long of a timeframe is needed for PGA events. Mr. Fathman responded
that it is typically a one week event, but from time to time an additional event will be added for
an additional week.
Mr. Peter O'Neill was recognized to speak. He stated that the Committee is not likely to get
Committee Development Committee Minutes
September 16, 2020
Page 5 of 8
heavy representation from the residents; however, if a survey was conducted of the
community, you would find that the majority don't want one of these type of rentals next to
them. He stated he was surprised when he checked with the City that this type of rental is
considered separate. He currently lives next to a short-term rental home. He urged strong
regulation.
Mr. Warren Fishman stated that he has volunteered for over 40 years working with City Council
and Boards to have good enforceable ordinances to keep the quality of life in Dublin good. He
stated that it was suggested once that he should call the police. He stated that people are
reluctant to call the police on their neighbors. He stated that it should be tracked in weeks and
not days for accurate tracking. He stated that everyone he has talked to does not want an
AirBNB anywhere near their home. He stated he was appreciative of the citizen input. He
suggested Bridge Park may be a good place for an AirBNB. He would like it to be out of the
residential areas.
Mr. Raymond Lee stated he thought the regulation was broad. He was concerned about the
conduct that happens in these rentals such as numerous cars, numerous people, noise, etc.
Ms. Richelle Kreber stated that she lives in an area with a hosted rental. The issues are the
same as an unhosted rental. She stated that at times people have mistaken her home for the
AirBNB. She agrees with limiting the time and feels day-by-day would be hard to track. An
AirBNB is a business. If she knew there was an AirBNB next to her she wouldn't have
purchased the home. She asked each Committee Member if they would knowingly purchase a
home next to an AirBNB.
Ms. Amanda Rine stated that she represents the corporate housing industry. She appreciated
hearing that exceptions would be made so to exclude their business from these regulations.
Mr. Reiner agreed that corporate housing is a necessary business.
Mr. Brent Swander stated that he doesn't have any financial interest in any short-term rentals
but wanted to speak in favor of them, specifically in options 1, 2 or 7 that were presented. He
is a user of AirBNBs. He understands the concerns such as trespassing and noise. He helped
draft the Columbus model. Option 2 is a better option because if problems persist the
registration can be revoked. Some of the concerns he has heard expressed are not strictly
short-term rental problems. He stated the issues can be addressed through the registration
process and regulations.
Mr. Phil Nolette stated that he understands the different viewpoints.
Ms. Nikki Leib was recognized to speak, but had no comment other than she would like to see
the Committee and City Council do the right thing.
The Deputy Clerk of Council read an online comment from Ms. Victoria Bork, who wrote,
'Yam requesting Dub/in City Council to expressively clarify Air BNB's from
Party/Event venues in residential areas ... Clarification from how many
people are allowed on the property. What are the consequences to the
home owner of the AMBNB. '
Mr. Bob Fathman stated that the people who used to live near him did a home swap. He is not
sure if money changed hands or not, but he wanted to mention that possibility.
Committee Development Committee Minutes
September 16, 2020
Page 6 of 8
Mayor Amorose Groomes stated that she had a home on her street that was an AirBNB and it
was extremely disruptive. There were no tools available to remedy the issues. She is not in
favor of making the law abiding people do the work to deal with those not obeying the laws.
She stated that in a mixed-use district it may be appropriate. In a residential district, it is the
expectation that it is strictly residential.
Mr. Reiner suggested going through the options and try to develop a recommendation to take
to City Council.
Mr. Keeler thanked the residents for joining the meeting to express their concerns. The status
quo is not going to work. He suggested having tools to deal with concerns such as revoking
their registration and fines could deter some of the bad behavior. There is very little that
residents can do to stop someone from renting their home, so having tools to be able to
regulate that is needed. He agreed with the idea of having districts such as Bridge Park that
can rent their homes with unlimited days.
Mayor Amorose Groomes stated that there are other events in the City such as the Dublin Irish
Festival that may bring this issue also. She suggested doing something city-wide versus just in
Muir -field.
Mr. Keeler agreed that having this opportunity open to everyone does make sense.
Mr. Boggs stated that if the intent of this Committee is to do some sort of district -based
approach, then it would have to go through the zoning process and be subject to review at the
staff level, PZC and then Council.
Mr. Reiner sought consensus on the exclusion of the corporate housing folks. All three
members concurred.
Mr. Reiner sought consensus of Committee members regarding PGA Events with a 2 -week limit.
Mr. Keeler stated that people should be able to rent their homes, but it seems very specific for
it to be allowed only during a PGA event for 14 days. What about the Irish Festival or the
people who just want to rent their home for other events?
Mayor Amorose Groomes stated that this feels like spot zoning. Ms. Readler stated that legal
staff would not recommend tying this to an event.
Mr. Reiner stated that a broad brush approach would be that we allow anyone in the City to
rent their home for two weeks per year.
Mr. Keeler is okay with it. Based on what other communities are doing, what percentage of
communities limit the number of days?
Mayor Amorose Groomes stated that there are federal regulations regarding reporting the
income after a period of time. She stated that this is where the 14 days came from.
Mayor Amorose Groomes stated that she would agree to the 14 days, depending on the other
regulations and enforcement.
Mr. Reiner requested input from Committee members regarding regulation and registration.
Mr. Keeler stated he is supportive of registration requirements and regulation.
Mayor Amorose Groomes stated she would like to hear more about the Columbus model. She
stated the propensity for bad behavior increases significantly in an AirBNB situation.
Mr. Reiner asked if they should consider the area of the Historic District and Bridge Street for
allowing the AirBNB more time.
Mayor Amorose Groomes stated that she would agree to maybe Bridge Street but not the
Historic District because it is residential. Mr. Keeler stated that he would support additional
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September 16, 2020
Page 7 of 8
rental time in the Bridge Street District. Mr. Reiner stated that a residential district expects to
have certain protections. Mr. Keeler stated that Bridge Park seems to be the most conducive to
AirBNB rentals. He added that he would like to hear from the residents in Bridge Park to see
how they would feel about AirBNBs in the area for longer periods. Mr. Reiner asked what the
right amount of days would be appropriate in the Bridge Street area.
Ms. Richelle Kreber asked to be recognized to speak and Mr. Reiner accommodated. She asked
about the differentiation between hosted and unhosted rentals and whether or not they would
be monitored. She also mentioned the parking issues that AirBNB creates.
Mr. Reiner stated that there would be a two-week limit for residential zoned areas. He also
stated that the Committee is in agreement that registration and regulation is necessary.
Mr. Reiner summarized the suggestions that the Bridge Street District would have no limit of
rental nights, everywhere else in the City has a two-week limit and all are subject to the same
fines and enforcement. Ms. Readler sought clarification regarding which part of Bridge Street
District specifically is being discussed? Ms. Rauch stated that they could look at larger mixed-
use areas. Mayor Amorose Groomes stated that it should include multifamily and Bridge Park
area to take to Council initially.
Mr. Boggs asked for clarification regarding the two-week cap. Is the intention of the Committee
14 days total or a minimum of one week increments? Mr. Reiner stated that the preference
would be to list them in weeks. Mr. Keeler asked if they need to be consecutive. If the renter
only wants to rent three days, how does that work? Ms. Readler stated that the proposed
legislation stated a 14 -night limit. She added that it would be monitored electronically through
the registration process. Once the 14 -night limit is reached, the owner would not be able to
register for any additional nights.
Mr. Reiner expressed his appreciation for the discussion and requested that the legal staff draft
a recommendation from this Committee to take to Council.
Ms. Richelle Kreber asked to be recognized to speak, Mr. Reiner accommodated. She stated
that it sounds like what is being contemplated would be on the honor system.
Mayor Amorose Groomes stated the importance is protecting the neighborhoods so the
discussion regarding enforcement is most important.
In response to Mr. Reiner's question, Mayor Amorose Groomes stated renters need to pay bed
tax just like any other paid stay. Ms. Readler stated that the current code does allow this to be
taxable. We can and will collect bed tax on those.
Ms. Readler summarized the Committee's view on each of the options that started the
discussion:
1. Adopt a policy outlining City expectations;
2. Require registration of all short-term rentals — the Committee does wish to require
registration. Ms. Readler added that the draft that was before Council was in large part
based on the registration requirements from Columbus.
3. Differentiate between hosted and unhosted short-term rentals — the Committee does not
wish to differentiate between hosted and unhosted rentals.
4. Place a cap on the number of nights that a short-term rental can operate — the Committee
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September 16, 2020
Page 8 of 8
would like to cap the numbers of days at two weeks.
5. Prohibit or permit short-term rentals in designated zoning districts — staff will look at the
Bridge Street District and bring suggestions to Council about where there could be
unlimited nights. The intention is not to prohibit short-term rentals in designated zoning
districts.
6. Prohibit all short-term rentals — the Committee does not want to prohibit all short-term
rentals; and
7. Maintain the status quo — the Committee does not wish to maintain the status quo.
The Committee reached consensus that Ms. Readler's summary was a correct explanation of
their intent.
Ms. Readler stated that in the existing draft, the penalty for a first offense is an unclassified
misdemeanor and fine of not more than $250; the next offense would be a misdemeanor of the
third degree and a $500 fine or jail. Mayor Amorose Groomes stated that the revocation of
registration is important.
Mayor Amorose Groomes moved to direct staff to draft a recommendation to City Council based
upon the discussion at this meeting.
Mr. Reiner seconded.
Vote on the motion: Mr. Keeler, yes; Mayor Amorose Groomes, yes; Mr. Reiner, yes.
Adjournment
There being no further business to come before the Committee, the meeting was adjourned at
7:05 p.m.
Deputy Clerk of Council
Office of the City Manager
5555 Perimeter Drive • Dublin, OH 43017-1090
City of Dublin Phone: 614.410.4400 • Fax: 614.410.4490
To: Members of the Dublin Community Development Committee
From: Dana L. McDaniel, City Manager
Date: September 1, 2020
Initiated By: Jennifer Readler, Law Director
Thad Boggs, Assistant Law Director
Jennifer Rauch, AICP, Planning Director
Greg Jones, Code Enforcement Supervisor
Re: Potential Short -Term Rental Regulation and Restrictions
Overview and Recommendation
Memo
At the January 6, 2020 City Council meeting, Council heard public comments from
homeowners opposing and supporting proposed short-term rental legislation. The proposed
legislation before Council required all property owners to register their home as a short-term
rental and limited the number of nights that a unit could be rented to no more than 14 per
year. Council tabled the legislation and referred the matter back to this Committee for more
discussion in light of the comments received at the meeting and via Contact City Council. This
was initially on the agenda for discussion at the March 2020 meeting vvhich was cancelled due
to the COVID-19 outbreak.
This memorandum outlines different possibilities available to the City that address some
of the comments and concerns received by the City and includes examples of legislation from
around the country applicable to each option.
Outionsfor Committee Consideration
As a legal matter, the City has the authority to enact any number of restrictions on
short-term rentals. It can limit the number of nights a short-term rental may operate, impose
registration requirements and fees, differentiate between hosted and unhosted rentals, limit
rentals to certain zoning districts, and any other number of restrictions. The following options
are some of the most routinely used. Staff seeks guidance from this Committee in order to
effectively draft legislation for Council review.
Option 1: Adopt a Policy Outlining City Expectations
The City could forego legislation in favor of outlining a policy that dictates how the City
expects short-term rental operators to operate and this policy could be distributed to the largest
online marketplaces (Airbnb and VRBO). This could discuss behavior expectations, visitor limits,
parking issues, and anything else the City believes necessary. Upon receiving a complaint, City
Code Enforcement could reach out to the violator and explain the concerns of neighbors and
the City. The City would be able to track these complaints and report back to this Committee
and the City Manager. If this approach fails, the City could adopt more formal legislation.
Option 2: Require Registration of All Short -Term Rentals
The City could adopt legislation that requires all short-term rental hosts to register with
the City, provide certain required information, and pay a registration fee. The City could require
anyone who hosts even one night per year to register, or it could adopt a set number of
allowable nights per year after which registration would be required. Again, this registration
would appy to any person who rents either an entire house or a room in house whether or not
that person stays in the home during the rental.
Option 3: Differentiate Between Hosted and Unhosted Short -Term Rentals
Several cities have enacted different restrictions on short-term rentals based on whether
the homeowner is present for the duration of the rental. Dublin could create different
requirements for hosted -rentals and unhosted-rentals. As the name implies, an owner -hosted
rental requires the owner of the property to be present while a room or rooms in the home are
rented. Unhosted rentals occur when the homeowner is not present in the home for the
duration of the rental.
In theory, owner -hosted rentals should have fewer issues than unhosted rentals as the
owner is present and desires an amicable relationship with any neighbors. An owner hosting a
rental is incentivized to limit disturbing conduct, overcrowding, and any related parking or
maintenance issues.
Dublin could permit unlimited owner -hosted rentals and completely prohibit unhosted
rentals. It could also permit unlimited owner -hosted rentals while permitting unhosted rentals
but placing a cap on nights rented per year. The previous proposed legislation limited rentals to
14 nights per calendar year, but the City could expand that number. The City could require all
rental units to register whether hosted or unhosted; it could also require only unhosted rentals
to register.
The City of Santa Monica, California adopted an ordinance making this distinction in
September 2019. The city has had a longstanding prohibition on what it calls "vacation rentals"
which are rentals for 30 days or less when the property owner is not present. The 2019
Ordinance permitted what it called "home -sharing" rentals which are rentals for 30 days or less
when the property owner is present at the dwelling.
Santa Monica requires all home -sharing rentals to register with the city and to comply
with various other safety measures, but it does not limit the number of days a person may rent
their home. The Santa Monica Ordinance is attached as Exhibit A. Similarly, Cambridge,
Massachusetts permits unlimited rentals but only of owner -occupied or owner -adjacent rentals.
That legislation is attached as Exhibit B.
Option 4: Place a Cap on the Number of Niahts that a Short -Term Rental Can Operate
Council has the legal authority to impose any limitation on the number of nights a home
or room can be rented as a short-term rental. A 14 -day cap was part of the legislation
considered by Council on January 6, 2020 along with a registration requirement for all rental
units.
2
Option 5: Prohibit or Permit Short -Term Rentals in Designated Zoning Districts
Dublin has the authority to restrict short-term rentals to certain zoning districts. This
would eliminate concerns from homeowners in purely residential districts that the
"neighborhood" feel is disrupted by short-term renters. It would also eliminate concerns about
the effect of any legislation on "traditional" bed and breakfasts based in Downtown Dublin. It
would also require an amendment to the City Zoning Code and would create potential issues
with pre-existing uses.
For example, Savannah, Georgia designates "short-term vacation rentals" as the rental
of an entire dwelling for 30 days or less. It separately regulates the short-term rental of a room
within a dwelling unit as a "bed and breakfast homestay." Savannah's short-term rental unit is
attached as Exhibit C. Savannah permits short-term vacation rentals within the "short-term
vacation rental overlay district" which includes certain local historic districts and certain
Business and Agricultural zoning classifications.
Option 6: Prohibit All Short -Term Rentals
In 2019, Upper Arlington prohibited short-term rentals in all residential areas, which
constitutes 95% of the UA land area. While prohibiting these types of rentals, the City could
carve out an exception for existing and future traditional bed and breakfasts. Upper Arlington's
Code Section is attached as Exhibit D.
Option 7: Maintain the Status Quo
The City has a relatively small number of advertised rentals at this time. Many of the
concerns associated with short-term rentals are not unique to the use (including noise
complaints and parking issues) and can be addressed with existing resources.
0127206.0607929 4853-1385-5433v1
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City Council Meeting: September 24, 2019
EXHIBIT
Santa Monica, California
ORDINANCE NUMBER 2616 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING AND REVISING CHAPTER 6.20 OF THE
SANTA MONICA MUNICIPAL CODE TO STRENGTHEN REGULATION OF
HOME -SHARING AND VACATION RENTALS
WHEREAS, a central and significant goal for the City is preservation of its
housing stock and preserving the quality and character of residential
neighborhoods; and
WHEREAS, Santa Monica places a high value on cohesive and active
residential neighborhoods and the diverse population that resides therein; and
WHEREAS, the City must preserve its available housing stock and the
character and charm that result, in part, from cultural, ethnic, and economic diversity
of its resident population, as a key factor in economic growth; and
WHEREAS, Santa Monica's natural beauty, its charming residential
communities, its vibrant commercial quarters and its world-class amenities have
drawn visitors from around the United States and around the world; and
WHEREAS, there is within the City a diverse array of short4arm rentals for
visitors, including, hotels, motels, bed and breakfasts, vacation rentals and home
sharing, not all of which are lawful; and
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WHEREAS, operations of vacation rentals, where residents rent entire units
to visitors and are not present during the visitors' stays, frequently disrupt the
quietude and residential character of the neighborhoods and adversely impact the
community; and
WHEREAS, home -sharing does not create the same adverse impacts as
unsupervised vacation rentals when the home -shares are hosted by the owner or a
long-term resident who lives on site and is present to introduce guests to the City's
neighborhoods and regulate guests' behavior; and
WHEREAS, while the City recognizes that home -sharing activities can be
conducted in harmony with surrounding uses, those activities must be regulated to ensure
that the home -sharing activities do not threaten or harm the public health, safety, or
general welfare; and
WHEREAS, on May 12, 2015, the City Council adopted Ordinance Number
2484, which added Chapter 6.20 to the Santa Monica Municipal Code and thereby
preserved the City's prohibition on vacation rentals, but authorized "home -sharing,"
whereby residents host visitors in their homes for short periods of stay, for
compensation, while the resident host remains present throughout the visitors' stay; and
WHEREAS, on January 24, 2017, the City Council adopted Ordinance Number
2535CCS, which amended Chapter 6.20 to clarify its application to hosting platforms;
and
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WHEREAS, on June 27, 2017, the City Council adopted Ordinance Number
2547CCS, which further amended Chapter 6.20 to address the use of accessory
dwelling units that received their building permits after March 31, 2017 as home -shares;
and
WHEREAS, in the time since Chapter 6.20 was first added, the City has issued
over 450 business licenses authorizing home -sharing; and
WHEREAS, the City is investigating approximately 30% of the licensed home -
share hosts as operating vacation rental businesses under the guise of home -sharing;
and
WHEREAS, the City strives to strike a balance between preserving the City's
available housing stock, protecting the residential character of neighborhoods, and
preventing home -shares from turning into de facto hostels and hotels, while at the same
time permitting owners and long-term residents to host guests as part of a home -share;
and;
WHEREAS, the costs of regulating and enforcing the requirements of the home -
sharing program are significant and should be borne, at least in part, by those benefitting
from their participation in the home -sharing program; and
WHEREAS, the City Council now wishes to amend Chapter 6.20 to clarify
existing regulations and to implement various public health, safety, and general welfare
regulations governing home -sharing.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Chapter 6.20 is hereby amended to
read as follows:
6.20.010 Definitions.
For purposes of this Chapter, the following words or phrases shall have the following
meanings:
(a) Bedroom. Any habitable space in a dwelling unit other than a kitchen or
living room that is intended for or capable of being used for sleeping, is at least 70 square
feet in area, is separated from other rooms by a door, and is accessible to a bathroom
without crossing another bedroom.
(b) Booking Transaction. Any reservation or payment service provided by a
person who facilitates a home -sharing or vacation rental transaction between a
prospective visitor and a host.
(c) Dwelling Unit. One or more rooms designed, occupied, or intended for
occupancy as separate living quarters, with full cooking, sleeping, and bathroom facilities
for the exclusive use of a single household. A dwelling unit includes a single-family
residence, and each unit of an apartment, duplex, or multiple dwelling structure designed
as a separate habitation for one or more persons, but does not include units located within
City -approved hotels, motels, and bed and breakfasts, as defined in section
9.51.030(B)(15). An accessory dwelling unit, as defined by section 9.31.300, that
received its building permit on or after March 31, 2017, constitutes a separate dwelling
unit for the purpose of this Chapter.
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(d) Eligible Resident. Any natural person who (1) is either (i) a long-term
resident of a dwelling unit or (ii) an owner of a dwelling unit and (2) uses that dwelling unit
as his or her primary residence.
(e) Home -Sharing. Renting for a period of 30 consecutive days or less, one
or more bedrooms in a dwelling unit that is the primary residence of the host, while the
host lives on-site, in the dwelling unit, throughout the visitors' stay. A dwelling unit rented
out for home -sharing is referred to as a "home -share."
(f) Host. Any natural person who is an eligible resident of a dwelling unit
offered for use as a home -share.
(g) Hosting Platform. A person who participates in the home -sharing or
vacation rental business by collecting or receiving a fee, directly or indirectly through an
agent or intermediary, for conducting a booking transaction using any medium of
facilitation.
(h) Lives On Site. Maintains a physical presence in the dwelling unit,
including, but not limited to, sleeping overnight, preparing and eating meals, and engaging
in other activities in the dwelling unit, of the type typically maintained by a natural person
in the dwelling unit in which he or she is an eligible resident.
(i) Long -Term Resident. Any natural person who, as of the date a home -
share application is submitted pursuant to Section 6.20.021: (1) has occupied the dwelling
unit that is the subject of the home -share application as his or her primary residence for
at least the prior 12 months; and (2) has either (i) if the natural person is a tenant,
subtenant, lessee, or sublessee, a written rental housing agreement for the dwelling unit
for a period of 12 months or more after the date the home -share application is submitted
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or (ii) if the natural person is not a tenant, subtenant, lessee, or sublessee, written
documentation establishing that the natural person will reside at the dwelling unit for a
period of 12 months or more after the date the home -share application is submitted.
0) Owner. Any person who, alone or with others, has legal or equitable title
to a dwelling unit. A person whose interest in a dwelling unit is solely that of a tenant,
subtenant, lessee, or sublessee under an oral or written rental housing agreement shall
not be considered an owner.
(k) Person. Any natural person, joint venture, joint stock company, partnership,
association, club, company, corporation, business trust, or organization of any kind.
(1) Primary Residence. The usual place of return for housing of an owner or
long-term resident as documented by at least two of the following: motor vehicle
registration, driver's license, California state identification card, voter registration, income
tax return, property tax bill, or a utility bill. A person can only have one primary residence.
(m) Vacation Rental. Renting for a period of 30 consecutive days or less any
dwelling unit, in whole or in part, for exclusive transient use. Exclusive transient use shall
mean that no eligible resident of the dwelling unit lives on-site, in the dwelling unit,
throughout any visitor's stay. Rentals of units located within City -approved hotels, motels,
and bed and breakfasts shall not be considered vacation rentals.
(n) Visitor. A natural person who rents a home -share or vacation rental.
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6.20.020 Home -sharing authorization.
(a) Notwithstanding any provision of this Code to the contrary, home -sharing
shall be authorized in the City, provided that the host complies with each of the following
requirements:
(1) Obtains and maintains at all times a City home -sharing permit issued
pursuant to this Chapter and a business license issued pursuant to Chapter 6.04.
(2) Operates the home -sharing activity in compliance with all permit
conditions for home -sharing as set forth in Section 6.20.021 and any regulations
promulgated pursuant to this Chapter.
(3) Collects and remits Transient Occupancy Tax ("TOT"), in
coordination with any hosting platform if utilized, to the City and complies with all
City TOT requirements as set forth in Chapter 6.68 of this Code.
(4) Takes responsibility for and actively prevents any nuisance activities
that may take place as a result of home -sharing activities.
(5) Ensures that basic health and safety features are provided, including
fire extinguishers, smoke detectors, and carbon monoxide detectors.
(6) Does not book or rent to more than two groups of visitors for any
given date, whether the visitors within the groups are related to one another or not.
(7) Limits the occupancy of the home -share (including the host, all other
eligible residents, and all visitors) to the lesser of (i)10 persons; (ii) one person per
200 square feet of the dwelling unit; or (iii) two persons (excluding minor children)
per bedroom.
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(8) Limits visitors to (i) no more than one vehicle per bedroom rented as
part of the home -share or (ii) if the home -share is located in a preferential parking
zone, no more than two vehicles that shall be required to use the visitor permits
available under Chapter 3.08 of this Code. A visitor's vehicle may be parked on
site, to the extent available, or in legal street parking.
(9) Maintains liability insurance to cover home -sharing with minimum
limits of not less than $500,000 or conducts each home -sharing transaction
through a hosting platform that provides equal or greater coverage.
(10) Complies with Section 6.20.022 governing advertisements of home -
shares.
(11) Complies with all applicable laws, including the noise limitations set
forth in Chapter 4.12 of this Code, and all health, safety, building, fire protection,
and rent control laws.
(12) Complies with all regulations promulgated pursuant to this Chapter.
(b) All hosts and their respective properties, authorized by the City for home -
sharing purposes pursuant to this Section, shall be listed on a registry created by the City
and updated periodically by the City. The City shall publish the registry, and a copy shall
be sent electronically to any person upon request.
(c) If any provision of this Chapter conflicts with any provision of the Zoning
Ordinance codified in Article IX of this Code, the terms of this Chapter shall prevail with
respect to interpretation and enforcement of this Chapter.
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6.20.021 Home -sharing permit conditions.
(a) Application required. To obtain a home -sharing permit for a dwelling unit,
a host shall submit an application on a form to be provided by the City and signed by the
host under penalty of perjury. The application for the home -sharing permit shall include
the following information:
(1) Address of the proposed home -share;
(2) Type of dwelling unit;
(3) Whether the applicant is an owner or long-term resident;
(4) If applicable, proof that the applicant is a long-term resident;
(5) Proof that the proposed home -share is the primary residence of the
applicant;
(6) The name and contact information for any other eligible residents of
the proposed home -share who will be serving as hosts, together with proof that
each identified host is an eligible resident of the proposed home -share;
(7) The square footage of the proposed home -share;
(8) The number of bedrooms in the proposed home -share;
(9) The maximum number of visitors per night, which shall not exceed
the maximum permitted in accordance with Section 6.20.020(a)(6);
(10) Proof of insurance;
(11) Certification that the host will comply with all provisions of this
Chapter and all regulations promulgated pursuant to this Chapter or be subject to
the revocation of his or her home -sharing permit and business license; and
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(12) Any other information required by regulations promulgated pursuant
to this Chapter.
(b) Application Fee. The initial application and each renewal application for a
home -sharing permit shall be accompanied by an application fee to be established by
resolution by the City Council.
(c) Duty to Amend Application. If there are any material changes to the
information submitted on a home -sharing permit application, the host shall submit an
amended application on a form to be provided by the City and signed by the host under
penalty of perjury within 30 days of any such changes. For the purposes of this Section,
any change to the information required to be included in a home -sharing permit
application by subsection (a) of this Section shall constitute a material change. Failure to
submit an amended home -sharing permit application may result in revocation of the
home -sharing permit and business license.
(e) Term of Permit. Notwithstanding any provision of this Code to the contrary,
any home -sharing permit shall be effective for same period as the term of the host's
business license.
(f) Renewal of Permit. A host may renew his or her home -sharing permit by
submitting a completed permit renewal application on a form to be provided by the City
and signed by the host under penalty of perjury. The permit renewal application shall
include all of the information required by subsection (a) of this Section.
(g) No Transfer or Assignment. A home -sharing permit may not be assigned
or transferred to any other person.
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6.20.022 Advertisements for home -sharing.
(a) The host shall include the following information in any advertisement for
home -sharing:
(1) The business license number issued by the City;
(2) That the host lives on site and will be present in the home -share
throughout the visitor's stay;
(3) The permitted occupancy of the home -share as specified in the
home -sharing permit application;
(4) The permitted number of visitor vehicles, in accordance with Section
6.20.020(a)(8);
(5) That the home -share cannot be booked or rented to more than two
groups of visitors for any given date, whether the visitors within the groups are
related to one another or not; and
(6) Any other information required by regulations promulgated pursuant to
this Chapter.
(b) A host is limited to posting no more than two listings for the home -share on
each hosting platform or other media outlet. If a host posts a listing for the home -share
on multiple hosting platforms or other media outlets, only two listings may be booked for
any given date.
(c) No advertisements regarding the availability of a dwelling unit for home -
sharing shall be posted in or on any exterior area of the dwelling unit, any exterior area
of any other dwelling unit on the same lot, or the lot on which the dwelling unit is located.
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6.20.030 Prohibitions.
(a) No person shall undertake, maintain, authorize, aid, facilitate or advertise
any vacation rental or any home -sharing that does not comply with this Chapter. For the
purposes of this section only, person does not include a hosting platform.
(b) No host may be the host for more than one home -share.
6.20.050 Hosting platform responsibilities.
(a) Hosting platforms shall be responsible for collecting all applicable TOTs and
remitting the same to the City. The hosting platform shall be considered an agent of the
host for purposes of TOT collections and remittance responsibilities as set forth in
Chapter 6.68 of this Code.
(b) Subject to applicable laws, hosting platforms shall disclose to the City on a
regular basis each home -sharing and vacation rental listing located in the City, the names
of the persons responsible for each such listing, the address of each such listing, the
length of stay for each such listing and the price paid for each stay.
(c) Hosting platforms shall not complete any booking transaction for any
residential property or unit unless it is listed on the City's registry created under Section
6.20.020 subsection (b), at the time the hosting platform receives a fee for the booking
transaction.
(d) Hosting platforms shall not collect or receive a fee, directly or indirectly
through an agent or intermediary, for facilitating or providing services ancillary to a
vacation rental or unregistered home -share, including, but not limited to, insurance,
concierge services, catering, restaurant bookings, tours, guide services, entertainment,
cleaning, property management, or maintenance of the residential property or unit.
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(e) Safe Harbor. A hosting platform operating exclusively on the Internet, which
operates in compliance with subsections (a), (b), (c), and (d) above, shall be presumed
to be in compliance with this Chapter, except that the hosting platform remains
responsible for compliance with the administrative subpoena provisions of this Chapter.
(f) The provisions of this Section shall be interpreted in accordance with
otherwise applicable State and Federal law(s) and will not apply if determined by the City
to be in violation of, or preempted by, any such law(s).
6.20.080 Regulations.
The City Manager or designee may promulgate regulations, which may include,
but are not limited to, permit conditions, reporting requirements, inspection frequencies,
enforcement procedures, additional advertising restrictions, disclosure requirements,
administrative subpoena procedures or additional insurance requirements, to implement
the provisions of this Chapter. No person shall fail to comply with any such regulation.
6.20.090 Fees.
The City Council may establish and amend by resolution all fees and charges as
may be necessary to effectuate the purpose of this Chapter, including, but not limited to,
the application fee required by Section 6.20.021.
6.20.100 Enforcement.
(a) Any host violating any provision of this Chapter, any person other than a
hosting platform who facilitates or attempts to facilitate a violation of this Chapter, or a
hosting platform that violates its obligations under Section 6.20.050, shall be guilty of an
infraction, which shall be punishable by a fine not exceeding $750, or a misdemeanor,
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which shall be punishable by a fine not exceeding $1,000, or by imprisonment in the
County Jail for a period not exceeding six months or by both such fine and imprisonment.
(b) Any person convicted of violating any provision of this Chapter in a criminal
case or found to be in violation of this Chapter in a civil or administrative case brought by
a law enforcement agency shall be ordered to reimburse the City and other participating
law enforcement agencies their full investigative costs, pay all back TOTs, and remit all
illegally obtained rental revenue to the City so that it may be returned to the home -sharing
visitors or used to compensate victims of illegal short-term rental activities.
(c) Any host who violates any provision of this Chapter, any person other than
a hosting platform who facilitates or attempts to facilitate a violation of this Chapter, or a
hosting platform that violates its obligations under Section 6.20.050, shall be subject to
administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of
this Code.
(d) Any interested person may seek an injunction or other relief to prevent or
remedy violations of this Chapter. The prevailing party in such an action shall be entitled
to recover reasonable costs and attorney's fees.
(e) The City may issue and serve administrative subpoenas as necessary to
obtain specific information regarding home -sharing and vacation rental listings located in
the City, including, but not limited to, the names of the persons responsible for each such
listing, the address of each such listing, the length of stay for each such listing and the
price paid for each stay, to determine whether the home -sharing and vacation rental
listings comply with this Chapter. Any subpoena issued pursuant to this section shall not
require the production of information sooner than 30 days from the date of service. A
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person that has been served with an administrative subpoena may seek judicial review
during that 30 day period.
(f) The remedies provided in this Section are not exclusive, and nothing in this
Section shall preclude the use or application of any other remedies, penalties or
procedures established by law.
SECTION 2. Any provision of the Santa Monica Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent
of such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of
any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. The City Clerk shall cause the same to be published
once in the official newspaper within 15 days after its adoption. This Ordinance
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shall become effective 30 days from its adoption, and shall apply to all home -shares,
including those operating under business licenses obtained prior to the effective
date of this Ordinance.
APPROVED AS TO FORM:
DocuSlpned by:
FECBDBA8AOD3484...
LANE DILG
City Attorney
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Approved and adopted this 24th day of September, 2019.
Ooeuftned by:
qXA4�
aF1annAnan0s4ns
Gleam Davis, Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Denise Anderson -Warren, City Clerk of the City of Santa Monica, do
hereby certify that the foregoing Ordinance No. 2616 (CCS) had its introduction
on September 10, 2019, and was adopted at the Santa Monica City Council
meeting held on September 24, 2019, by the following vote:
AYES: Councilmembers Morena, McKeown, Himmelrich, Winterer, Jara,
Mayor Pro Tem O'Day, Mayor Davis
NOES: None
ABSENT: None
ATTEST:
OocuSlaned by:
G�FA5Rn4RA71dr�
Denise Anderson -Warren, City Clerk
10/23/2019
Date
A summary of Ordinance No. 2616 (CCS) was duly published pursuant to
California Government Code Section 40806.
EXHIBIT
1. A completed Special Permit Application form.
2. A completed Property Ownership Certificate.
3. An accurately scaled map showing existing conditions on the lot(s) on which the
institutional development is proposed. Said map shall indicate property lines, existing
structures and major landscaped features including trees in excess of three inch
caliper, parking areas and driveways.
4. A description of the current use of said lot(s) or of the use within the previous twenty-
four (24) months if the lot or structures are vacant.
5. A written description of the proposed use of the lot including the intensity of use,
expected activity patterns, and probable users.
6. A statement of how the anticipated physical attributes of the use will be similar to or
different from those predicted for that category of use generally in the Cambridge
Institutional Growth Management Plan.
7. If germane to the proposal, a plan for replacing dwelling units to be displaced by the
institutional use as required by footnote 4 of Subsection 4.56.
8. A list of any zoning violations which would customarily necessitate variances from the
requirements of this Ordinance.
4.58.2 No application shall be accepted by the Board of Zoning Appeal until all of the information
required in this Subsection 4.57 is submitted. Any changes in the application following
submittal, other than those requested by the Board of Zoning Appeal, or its agent, shall
require resubmittal of an application for a special permit. During the course of the special
permit application, the Board of Zoning Appeal may require the applicant to provide any
additional information which it deems is necessary and reasonable to determine that
criteria of Subsection 4.57 will be satisfied.
4.60 SHORT-TERM RENTALS
4.61 Purpose. This Section 4.60 "Short -Term Rentals" is intended to make the operation of
short-term rentals legal for Cambridge residents, protect the safety of renters and
residents, ensure that the primary use remains residential, and ensure that short-term
rentals will not be a detriment to the character and livability of the surrounding residential
neighborhood.
4.62 Definitions
a. Short-term rental. Any rental of a residential dwelling unit, or of a bedroom within a
dwelling unit, in exchange for payment, as residential accommodations for a duration
of less than thirty (30) consecutive days.
b. Short-term renter. Any person or persons occupying a dwelling unit, or a bedroom
within a dwelling unit, as a short-term rental for a duration of less than thirty (30)
consecutive days.
Short-term rental operator. The person or persons offering a dwelling unit or bedroom
for short-term rental, who may be either the owner or the primary leaseholder of the
dwelling unit with the written permission of the property owner and the condominium
association if applicable
4-34
d. Operator -occupied short-term rental. The short-term rental of a dwelling unit, or of no
more three (3) individual bedrooms within such dwelling unit, that is the primary
residence of its operator.
e. Owner -adjacent short-term rental. The short-term rental of a dwelling unit that is not
the primary residence of the operator, but is located within a residential building with a
total of four or fewer dwelling units where all dwelling units in the building are owned
by the operator, and one of the dwelling units in the building is the primary residence
of the operator.
4.63 Applicability. The requirements of this Section 4.60 shall apply to all districts where
residential uses are allowed, but shall not apply to principal transient accommodations.
4.64 Requirements. Short-term rentals are permitted as an accessory residential use in
existing dwellings in all districts where residential use is permitted, subject to the following
requirements:
1. Only operator -occupied short-term rentals and owner -adjacent short-term rentals are
permitted.
2. All short-term rental operators shall register with the Inspectional Services
Department prior to short-term rental use and occupancy in conformance with Section
4.67 below.
3. A dwelling unit or bedroom offered for short-term rentals shall comply with building
code requirements for occupancy.
4. A dwelling unit or bedroom offered for short-term rentals shall comply with all
standards and regulations promulgated by the Commissioner of Inspectional
Services.
5. A short-term rental operator may make available no more than one (1) dwelling unit
for operator -occupied short -tern rentals, which may include the separate short-term
rental of no more than three (3) individual bedrooms, and one (1) dwelling unit for
owner -adjacent short-term rentals.
6. Operators of short-term rentals shall remit to the appropriate body all fees and taxes
as required by the City and/or State authorities.
7. Short-term rental operators shall maintain liability insurance appropriate to cover the
short-term rental use.
8. An owner -adjacent short-term rental may be rented only as a whole unit to one party
of short-term renters at any one time and not rented as separate bedrooms to
separate parties.
9. An operator -occupied short-term rental during which the operator is away from the
dwelling unit for more than seven (7) consecutive days may be rented only as a whole
unit to one party of short-term renters at any one time and not rented as separate
bedrooms to separate parties.
4-35
10. The number of individual bedrooms made available for operator -occupied short-term
rentals within a dwelling unit shall not be greater than the number of lawful bedrooms
in the dwelling unit.
11. Renting for an hourly rate, or for rental durations of less than ten (10) consecutive
hours, shall not be permitted.
12. Commercial meetings and uses are prohibited in short-term rentals.
4.65 Procedural Requirements.
1. The following information shall be provided to all short-term renters and posted in all
owner -adjacent short-term rentals in a manner to be determined by the Inspectional
Services Department:
a. Instructions for disposal of waste per the City's recycling and composting
programs.
b. An emergency -exit diagram in all bedrooms used for owner -adjacent short-term
rentals and on all egresses from the dwelling unit.
c. Contact information for the short-term rental operator, or when the operator is not
present, the contact information for a locally available contact designated to
respond to all emergencies and problems that may arise during the rental period,
whether from renters, neighbors or municipal authorities.
d. The certificate of registration for the short-term rental.
2. The operator of an owner -adjacent short-term rental shall keep accurate books and
records, make them available upon request of the Inspectional Services Department,
and maintain such books and records for a period of three years.
4.66 Regulations. The Commissioner of Inspectional Services shall have the authority to
promulgate regulations to carry out and enforce the provisions of this Section 4.60 "Short -
Term Rentals."
4.67 Registration.
All dwelling units offered for short-term rentals shall register with the City and secure
a certificate of registration according to standards set forth by the Commissioner of
Inspectional Services, and pay all associated fees. The certificate of registration shall
require the operator to agree to abide by the requirements of this Section 4.60. If the
operator is not the owner of the property, the operator shall provide written evidence
that the owner and the condominium association if applicable has consented to the
short-term rental use of the property. All operators shall provide the City with proof
that one of the units in the structure is used as the operator's primary residence,
either by: 1) providing proof of enrollment in the Cambridge residential tax exemption
program, or 2) providing an affidavit, signed under the pains and penalties of perjury,
stating that the dwelling being used for short-term rental is the operator's primary
residence, a property title or tenancy agreement along with a photo ID, and a
government or utility correspondence with operator's name and address issued within
the last three (3) months.
4-36
2. Prior to issuing or renewing a certificate of registration, the Inspectional Services
Department shall conduct an inspection to verify that each dwelling unit and bedroom
to be rented to short-term renters:
a. Meets all building code requirements for occupancy.
b. Meets all other requirements of this Section 4.60 "Short -Term Rentals" and
regulations promulgated by the Commissioner of Inspectional Services.
c. It is the responsibility of the short-term rental operator to renew its certificate of
registration every five years or upon change of operator or owner.
4.68 Effective Date. The provisions of this Section 4.60 "Short -Term Rentals" shall take effect
on April 1, 2018. Beginning on October 1, 2017, or on an earlier date as may be
determined by the Commissioner of Inspectional Services, the City may receive
applications for registration, conduct inspections, and issue certificates of registration for
short-term rentals to operators who apply before the effective date.
EXHIBIT
CHAPTER 11. - SHORT-TERM VACATION RENTALS118]
Contents:
Sec. 8-11010. - Intent; purpose.
Sec. 8-11011. - Definitions; general provisions.
Sec. 8-11012. - Short-term vacation rental certificate.
Sec. 8-11013. - Application for short-term vacation rental certificate.
Sec. 8-11014. - Short-term vacation rental agent.
Sec. 8-11015. - Grant or denial of application.
Sec. 8-11016. - Short-term vacation rental units.
Sec. 8-11017. - Short-term vacation regulation procedure.
Sec. 8-11018. - Taxes.
Footnotes:
-(18)--
Editor's
18) -
Editor's note— Ord. of 8-3-2017(2), adopted August 3, 2017, set out provisions intended for use as §§ 8-10011, 8-10013,
8-10015 and 8-10017. To preserve the existing style of this Code, and at the editor's discretion, these provisions have
been included as §§ 8-11011, 8-11013, 8-11015, 8-11017; additionally, §§ 8-10010, 8-10012, 8-10014, and 8-10016 have
been redesignated as 8-11010, 8-11012, 8-11014, and 8-11016. Ord. of 11-10-2014(2), adopted November 10, 2014, set
out provisions intended for use as §§ 8-10009-8-10017. To preserve the existing style of this Code, and at the editor's
discretion, these provisions have been included as §§ 8-10010-8-10018.
Sec. 8-11010. - Intent; purpose.
It is the purpose of this chapter to protect the public health, safety and general welfare of individuals and the community
at large; to monitor and provide reasonable means for citizens to mitigate impacts created by occupancy of short-term
vacation units; and to implement rationally based, reasonably tailored regulations to protect the integrity of the city's
neighborhoods.
( Ord. of 11-10-2014(2) )
Sec. 8-11011. - Definitions; general provisions.
Code compliance verification form is a document executed by a short-term vacation owner certifying that the
short-term vacation unit complies with applicable zoning, building, health and life safety code provisions. No person shall
allow occupancy or possession of any short-term vacation rental unit if the premises is in violation of any applicable
zoning, building, health or life safety code provisions.
Owner -occupied property refers to real property which contains one or more dwelling unit(s) where the principal
dwelling unit must be occupied by the property owner and constitute his/her primary and usual place of residence. The
dwelling units must share the Property Identification Number assigned by the Chatham County Board of Assessors. Proof
of owner -occupancy requires proof of a valid homestead exemption submitted with the application for a short-term
vacation rental certificate. In lieu of homestead exemption, a sworn affidavit and supporting documentation establishing
proof of residency must be submitted by the applicant stating that the primary dwelling unit is the legal residence and
domicile of the resident. Proof of residency is required in the form of two of the following: 1) a valid Georgia Driver's
License or Georgia Identification Card; 2) registration for vehicles owned by and registered in the name of the applicant;
3) Chatham County Voter's Registration Card or 4) Previous year's W-2 Form or Internal Revenue Service Tax Return.
Short-term vacation rental occupants means guests, tourists, lessees, vacationers or any other person who, in
exchange for compensation, occupy a dwelling unit for lodging for a period of time not to exceed 30 consecutive days.
Short-term vacation rental means an accommodation for transient guests where, in exchange for compensation, a
residential dwelling unit is provided for lodging for a period of time not to exceed 30 consecutive days. Such use may or
may not include an on-site manager. For the purposes of this definition, a residential dwelling shall include all housing
types and shall exclude group living or other lodging uses, as defined in division II, code of general ordinances, part 8,
planning and regulation of development, chapter 3, zoning, as amended.
Short-term vacation rental agent means a natural person designated by the owner of a short-term vacation rental
on the short-term vacation rental certificate application. Such person shall be available for and responsive to contact at all
times and someone who is customarily present at a location within the city for purposes of transacting business.
( Ord. of 11-10-2014)(2) ; Ord. of 8-3-2017(2) )
Sec. 8-11012. - Short-term vacation rental certificate.
a. No person shall rent, lease or otherwise exchange for compensation all or any portion of a dwelling unit as short-term
............................
vacation rental, as defined in section 8-10011, without first obtaining a business tax certificate from the revenue
.........................................
director and complying with the regulations contained in this section. No certificate issued under this chapter may be
transferred or assigned or used by any person other than the one to whom it is issued, or at any location other than the
one for which it is issued.
b. Annual renewals of certificates issued to parcels with existing certificates, including parcels for which certificate
applications have been filed before September 28, 2017 ("Pre -Existing Certificates") shall not be denied on the grounds
that issuance of a certificate will exceed the per -ward maximum cap limitation set forth in part 8, chapter 3 of this
Code, also known as the zoning ordinance for the City of Savannah. When a transfer of property title occurs for a parcel
with a pre-existing certificate(s), a new application from the transferee/grantee shall not be denied on the grounds that
the issuance of a certificate will exceed the pre -ward maximum cap limitation if the transferee/grantee applies for a
new short-term vacation rental certificate(s) within six months from the date of title transfer.
c. Except as provided in subsection (b), all non -renewal certificate applications submitted after September 28, 2017 shall
be subject to the per -ward cap set forth in the zoning ordinance for the City of Savannah.
d. For purposes of clarification, in calculating the per -ward short-term vacation rental use percentages as set forth in the
zoning ordinance for the City of Savannah, all parcels with short-term rental certificate(s) which are non -owner
occupied and have conservation, residential, 1-I1, 2-11 or 3-11 zoning districts, including such parcels with pre-existing
certificates, shall be counted in determining the percentage then existing in each ward.
( Ord. of 11-10-2014(2) ; Ord. of 9-28-2017(8) , § 1)
Sec. 8-11013. - Application for short-term vacation rental certificate.
a. Applicants for a short-term vacation rental certificate shall submit, on an annual basis, an application for a short-term
.. .. ........................ ...... ......
vacation rental certificate to the tourism management and ambassadorship director of the City of Savannah. The
application shall be furnished under oath on a form specified by the city manager, accompanied by a non-refundable
application fee as set forth in the city's annual revenue ordinance. Such application should include:
1. The name, address, telephone and email address of the owner(s) of record of the dwelling unit for which a
certificate is sought. If such owner is not a natural person, the application shall identify all partners, officers and/or
directors of any such entity, including personal contact information;
2. The address of the unit to be used as a short-term vacation rental;
3. The name, address, telephone number and email address of the short-term vacation_ rental agent, which shall
constitute his or her 24-hour contact information;
4. The owner's sworn acknowledgement that he or she has received a copy of this section, has reviewed it and
understands its requirements;
5. The number and location of parking spaces allotted to the premises;
6. The owner's agreement to use his or her best efforts to assure that use of the premises by short-term vacation
rental occupants will not disrupt the neighborhood, and will not interfere with the rights of neighboring property
owners to the quiet enjoyment of their properties; and
7. Any other information that this chapter requires the owner to provide to the city as part of an application for a
short-term vacation rental certificate. The city manager or his or her designee shall have the authority to obtain
additional information from the applicant as necessary to achieve the objectives of this chapter.
b. Attached to and concurrent with submission of the application described in this s action, the owner shall provide:
1. The owner's sworn code compliance verification form;
2. A written exemplar rental agreement, which shall consist of the form of document to be executed between the
owner and occupant(s), which shall contain the following provisions and which shall be posted in the short-term
vacation rental unit:
a. The occupant(s)' agreement to abide by all of the requirements of this chapter, any other City of Savannah
ordinances, state and federal law and acknowledgement that his or her rights under the agreement may not be
transferred or assigned to anyone else;
b. The occupant(s)' acknowledgement that it shall be unlawful to allow or make any noise or sound that exceeds
the limits set forth in the city's noise ordinance;
c. The occupant(s)' acknowledgement and agreement that violation of the agreement or this chapter may result in
immediate termination of the agreement and eviction from the short-term vacation rental unit by the owner or
agent, as well as the potential liability for payments of fines levied by the city; and
d. The occupant(s)' acknowledgement on the maximum occupancy of the short-term vacation rental unit and, if
available, the location of on-site parking.
3. Proof of the owner's current ownership of the short-term vacation rental unit;
4. Proof of insurance indicating the premises is used as a short-term vacation rental;
S. A written certification from the short-term vacation agent that he or she agrees to perform the duties specified in
subsection 8-10014(b); and
6. For condominiums, as defined by the Georgia Condominium Act, O.C.G.A. §§ 44-3-70, et seq., provide a copy of the
adopted condominium declaration either explicitly permitting leasing of the dwelling unit(s) for less than 30 days or
adopted condominium declaration which contains no prohibition on short-term vacation rentals or the leasing of
dwelling units for less than 30 days.
c. If the rental agent changes, the property owner shall notify the City of Savannah within five business days.
d. Certificate holder shall publish a short-term vacation rental certificate number and exemplar rental agreement in every
print, digital, or internet advertisement and any property listing in which the short-term vacation rental is advertised.
( Ord. of 11-10-2014(2) ; Ord. of 8-3-2017(2) )
Sec. 8-11014. - Short-term vacation rental agent.
a. The owner of a short-term vacation rental shall designate a short-term vacation rental agent on its application for a
.................................................................................................................................................................
short-term vacation rental certificate. A property owner may serve as the short-term vacation rental agent.
Alternatively, the owner may designate a natural person as his or her agent who is over age 18.
b. The duties of the short-term vacation rental agent are to:
1. Be reasonably available to handle any problems arising from use of the short-term vacation rental unit;
2. Appear on the premises of any short-term vacation rental unit within two hours following notification from the city
of issues related to the use or occupancy of the premises. This includes, but is not limited to, notification that
occupants of the short-term vacation rental unit have created unreasonatle noise or disturbances, engaged in
disorderly conduct or committed violations of the City of Savannah Code of Ordinances or other applicable law
pertaining to noise, disorderly conduct, overcrowding, consumption of alcohol or use of illegal drugs. Failure of the
agent to timely appear to two or more complaints regarding violations may be grounds for pena"Jes as set forth in
this chapter. This is not intended to impose a duty to act as a peace officer or otherwise require'the agent to place
himself or herself in a perilous situation;
3. Receive and accept service of any notice of violation related to the use or occupancy of the premises; and
4. Monitor the short-term vacation rental unit for compliance with this chapter.
c. An owner may change his or her designation of a short-term vacation rentel agent temporarily or permanently;
however there shall only be one such agent for a property at any given time. To change the designated agent, the
owner shall notify the tourism management and ambassadorship director in writing of the new agent's identity,
together with all information regarding such person as required by the applicable provisions of section 8-10013.
( Ord. of 11-10-2014(2) )
Sec. 8-11015. - Grant or denial of application.
a. All of -record property owners adjacent to a proposed short-term vacation rental shall be notified of the use prior to the
issuance of an initial short-term vacation rental certificate. Notification shall be issued by the short-term vacation rental
applicant and proof of notification provided to the city. The notification to the property owners shall include:
1. Street address of the proposed short-term vacation rental;
2. location of any on-site parking for short-term vacation rental occupants;
3. Maximum occupancy requirements;
4. Copy of the short-term vacation exemplar rental agreement;
5. Name of the property owner(s); and '
6. Name of rental agent and contact information.
Review of an application shall be conducted in accordance with due process principles and shall be granted unless the
applicant fails to meet the conditions and requirements of this chapter, or otherwise fails to demonstrate the ability to
comply with local, state or federal law. Any false statements or information provided in the application are grounds for
revocation, suspension and/or imposition of penalties, including denial of future applications.
( Ord. of 11-10-2014(2) ; Ord. of 8-3-2017(2) )
Sec. 8-11016. - Short-term vacation rental units.
a. A legible copy of the short-term vacation rental unit certificate shall be posted within the unit and include all of the
.......................................................................
following information:
1. The name, address, telephone number and email address of the short-term vacation rental agent:
2. The business tax certificate number;
3. The maximum occupancy of the unit;
4. The maximum number of vehicles that may be parked at the unit; and
b. Short-term vacation rental units must be properly maintained and regularly inspected by the owner to ensure
continued compliance with applicable zoning, building, health and life safety code provisions.
( Ord. of 11-10-2014(2) )
Sec. 8-11017. - Short-term vacation regulation procedure.
a. To ensure the continued application of the intent and purpose of this chapter, the tourism :management and
ambassadorship director of the city shall notify the owner of a short-term vacation rental unit of all instances in which
nuisance behavior of the rental guest or the conduct of his or her short-term vacation rental unit agent results in a
citation for a code violation or other legal infraction.
b. The tourism management and ambassadorship director shall maintain in each short-term vacation rental location file a
record of all code violation charges, founded accusations and convictions occurring at or relating to a short-term
vacation rental unit. When a property owner has accumulated three code violations for a particular property within a
period of 12 consecutive months, the city shall revoke any pending certificates and reject all applications for the subject
premises for a period of 12 consecutive months.
c. If a short-term vacation rental unit owner has been cited and found to be in violation of any zoning, building, health or
life safety code provision, the owner must demonstrate compliance with the applicable code prior to being eligible to
receive a short-term vacation rental certificate.
d. Citations for code violations and any other violation of the city code may be heard by a short-term vacation rental staff
board or the Recorder's Court of Chatham County. The staff board shall be comprised of full-time city employees as
appointed by the city manager or his/her designee and shall include at least one staff member selected from revenue,
zoning, tourism and the Savannah -Chatham Metropolitan Police Department. -The staff board will receive evidence;
however, the official rules of evidence will not govern the proceeding. The staff board will issue a written finding as to
each alleged infraction, specifically identifying each founded accusation, which shall constitute a violation.
e. Violations of this chapter are subject to the following fines, which may not be waived or reduced and which may be
combined with any other legal remedy available to the city:
1. First violation: $500.00.
2. Second violation within the preceding 12 months: $750.00.
3. Third violation within the preceding 12 months: $1,000.00.
f. A person aggrieved by the city's decision to revoke, suspend or deny a short-term vacation rental certificate may appeal
the decision to the city manager. The appeal must be filed with the city manager's office in writing, within 30 calendar
days after the adverse action and it shall contain a concise statement of the reasons for the appeal. Timely filing of an
appeal shall stay the revocation, suspension or denial pending a decision by the c°ty manager.
g. The city manager or appointed designee shall consider the appeal within 30 days after receipt by the city manager of a
request unless otherwise agreed in writing by the city and aggrieved party. All interested parties shalb' have the right to
be. represented by counsel, to present testimony and evidence, and to cross-examine witnesses. The city manager shall
render a determination, which will constitute a final ruling on the application.
h. Nothing in this section shall limit the city from enforcement of its code, state or federal law by any other legal remedy
available to the city. Nothing in this section shall be construed to limit or supplant the power of any city inspector,
deputy marshal or other duly empowered officer under the city's ordinances, rules and regulations and the authority
granted under state law, as amended, to take necessary action, consistent with the law, to protect the public from
property which constitutes a public nuisance or to abate a nuisance by any other lawful means of proceedings.
( Ord. of 11-10-2014(2) ; Ord. of 8-3-2017(2) )
Sec. 8-11018. - Taxes.
Short-term vacation rental unit owners are subject to state sales tax, city taxes, including but not limited to the
..........................................................................
hotel/motel tax, and are liable for payment thereof as established by state law and the city code. the city may seek to
enforce payment of all applicable taxes to the extent provided by law, including injunctive relief.
( Ord. of 11-10-2014(2) )
EXHIBIT
RECORD OF ORDINANCES
CITY OF UPPER ARLINGTON
STATE OF OHIO
ORDINANCE NO. 22-2019
TO AMEND ORDINANCE 38-2018 TO REMOVE THE SUNSET PROVISION AND TO
MAKE THE AMENDMENTS TO THE UNIFIED DEVELOPMENT ORDINANCE
CONTAINED IN ORDINANCE 38-2018 PERMANENT.
WHEREAS, City Council passed Ordinance 38-2018 on April 23, 2018, making
various amendments to the Unified Development Ordinance (UDO),
Part 11 of the Upper Arlington Codified Ordinances, including an
amendment to UDO Section 5.02(B) expressly prohibiting renting a
residence, or portion thereof, to any tenant for a period of less than
30 days ("short-term rental"); and
WHEREAS, Ordinance 38-2018 contained a "sunset" provision by which the
amendments contained in that Ordinance would automatically expire
on the date one year after the effective date of that Ordinance without
further legislative action by City Council; and
WHEREAS, as it pertains to short-term rentals, the City has a legitimate interest
in preserving its residential neighborhoods, and the proliferation of
short-term rentals of residential properties threatens the health,
safety, peace and tranquility of those neighborhoods by introducing
transient guests into residential areas, leading to increased noise,
traffic, and occupancy of residences without sufficient owner
supervision and City oversight; and
WHEREAS, in order to protect and preserve the character and tranquility of the
City's residential neighborhoods and to protect the health, safety,
and welfare of the City and its residents, the City wishes to remove
the sunset provision from Ordinance 38-2018 and make all
provisions of that Ordinance, including the express prohibition on
short-term rentals, permanent; and
WHEREAS, to ensure that the provisions of Ordinance 38-2018 will not expire
prior to Council's action on this Ordinance, and because this
Ordinance functions simply to remove the sunset provision of
Ordinance 38-2018 and otherwise makes no amendments to the
UDO, staff recommends that Council waive any applicable
requirements of UDO Section 4.04 and proceeds with this Ordinance
under its typical legislative process.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Upper Arlington,
Ohio:
SECTION 1: That Council hereby waives the requirement of Section 731.19 of the
Ohio Revised Code that this Ordinance contain the entire section of
the Unified Development Ordinance that is being amended.
SECTION 2: That Council hereby waives the requirements of UDO Section 4.04
that may pertain to this Ordinance.
SECTION 3: That Council hereby amends Ordinance 38-2018, which is attached
to and incorporated into this Ordinance as Exhibit A, to remove
Section 9 (the "sunset" provision) of that Ordinance, thereby making
all amendments to the UDO contained in Ordinance 38-2018
permanent.
SECTION 4: That if any provision or section of this Ordinance, or the application
thereof, is held invalid, such invalidity shall not affect the other
provisions or applications of this Ordinance, which can be given
effect without the invalid provisions or applications, and to this end
the provisions and sections of this Ordinance are hereby declared
severable.
SECTION 5: That the City Manager, Finance Director, and the City Attorney are
hereby authorized to take all actions necessary to implement and
administer this Ordinance.
SECTION 6: That this Ordinance is enacted pursuant to the home rule powers of
the City of Upper Arlington as set forth at Article XVIII, Section 3, of
the Ohio Constitution.
SECTION 7: That this Ordinance shall take effect at the earliest date allowed by
law.
RECORD OF ORDINANCES
CITY OF UPPER ARLINGTON
STATE OF OHIO
ORDINANCE 38-2018
TO AMEND ARTICLE 11, UNIFIED DEVELOPMENT ORDINANCE (U.D.O.), OF THE
UPPER ARLINGTON CODIFIED ORDINANCES, BY AMENDING U.D.O. SECTION 5.02,
RESIDENTIAL DISTRICTS; U.D.O. TABLE 5-A, RESIDENTIAL USES; AND U.D.O.
SECTION 6.10, CONDITIONAL USES.
WHEREAS, staff proposed various amendments to the Unified Development
Ordinance (U.D.O.), including amendments related to short term
rentals in residential districts and the uses of apartment hotels, bed
and breakfasts, and hotels and motels in single family residential
districts, which were presented to Council in Ordinance 32-2018 on
April 2, 2018 and April 9, 2018; and
WHEREAS, the sections related to short term rentals, apartment hotels, bed and
breakfasts, and motels and hotels in single family residential districts
have been removed from Ordinance 32-2018 and incorporated into
this Ordinance; and
WHEREAS, the City has a legitimate interest in preserving its residential
neighborhoods, and the proliferation of short-term rentals of
residential properties threatens the health, safety, peace and
tranquility of those neighborhoods by introducing transient guests
into residential areas, leading to increased noise, traffic, and
occupancy of residences without sufficient owner supervision and
City oversight; and
WHEREAS, the City wishes to prohibit short term rentals, apartment hotels, bed
and breakfasts, and hotels and motels in single family residential
districts for a period of one year in order to prevent further
proliferation of these uses in single family residential neighborhoods
while also taking time to ensure it regulates these uses in a
reasonable, practical manner to protect existing single family
residential neighborhoods and the rights of property owners.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Upper Arlington, Ohio:
SECTION 1: That Council hereby waives the requirement of Section 731.19 of the
Ohio Revised Code that this Ordinance contain the entire section of
the Unified Development Ordinance that is being amended.
SECTION 2: That U.D.O. § 5.02 (B), Article 11 of the Upper Arlington Codified
ordinances, shall hereby be amended to read as follows:
(B) Permitted, prohibited, accessory, and conditional uses: Permitted, prohibited,
accessory, and conditional uses for each of the residential use districts are listed in
Table 5-A, Residential Uses and Table 5-B, Home Occupational Uses. No residence
or portion thereof may be rented out to any tenant(s) for a period of less than 30 days.
SECTION 3: That the Residential Uses use "Apartment hotels," "Bed & Breakfast
Homestay," and "Hotels and Motels," contained in U.D.O. Article 5,
Table 5-A: Residential Uses, Article 11 of the Upper Arlington Codified
Ordinances, shall hereby be amended to read as follows:
Table 5-A: Residential Uses
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SECTION 4: That U.D.O. § 6.10 (C)(2), Article 11 of the Upper Arlington Codified
ordinances, shall hereby be amended to read, as follows:
(2) Bed and bFeakfast inn. ---RESERVED
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SECTION 5: That if any provision or section of this Ordinance, or the application
thereof, is held invalid, such invalidity shall not affect the other
provisions or applications of this Ordinance, which can be given
effect without the invalid provisions or applications, and to this end
the provisions and sections of this Ordinance are hereby declared
severable.
SECTION 6: That the City Manager, Finance Director, and the City Attorney are
hereby authorized to take all actions necessary to implement and
administer this Ordinance.
3
SECTION 7: That this Ordinance is enacted pursuant to the home rule powers of
the City of Upper Arlington as set forth at Article XVIII, Section 3, of
the Ohio Constitution.
SECTION 8: That this Ordinance shall take effect at the earliest date allowed by
law.
SECTION 9: That the provisions of this Ordinance shall automatically expire on
the date one year after the effective date of this Ordinance absent
further legislative action by City Council.
PASSED: April 23, 2018
ATTEST:
/Z" (0-0%.& %�W4-4�
r silent of Council
1, Ashley Ellrod, City Clerk of Upper Arlington,
Ohio, do hereby certify that the above is a true
and correct copy.
CERTIFICATE OF POSTING
I, Ashley Ellrod, City Clerk of the City of Upper
Arlington, Ohio, do hereby certify that
publication of the foregoing was made by
posting a true copy of Ordinance No. 38-2018 at
the most public place In said corporation as
determined by the Council, the Municipal
Building, 3600 Tremont Road, for a period of ten
(10) days commencing April 24, 2018.
4
Vote Slip
Sponsor: Mr. King
Date Introduced: April 23, 2018
Legal Ad:
Newspaper.
Reading Date(s): April 23, 2018
Voting Aye: Close, Hoyle, King, Ralph,
and Greenhill
Voting Nay: Casper, Lynch
Abstain:
Absent:
Date of Passage: April 23, 2018
City Council Conference Session/Other Review:
April 16, 2018
Other: Suspension of Rules: Thinly Day Clause
5
191ifn
.X'O. USA
SHORT-TERM RENTAL LEGISLATION
Dublin Community Development Committee Meeting
September 16, 2020
Jennifer D. Readler, Esq.
Dublin Law Director
Thaddeus M. Boggs, Esq.
Assistant Law Director
BACKGROUND
• The Community Development Committee recommended
approval of draft legislation regulating short-term rentals at its
November 6, 2019 meeting.
• At its January 6, 2020 meeting, City Council heard from
residents both for and against the legislation and referred the
matter back to this Committee for further consideration in
light of those comments and concerns.
• City Staff has provided a revised memorandum outlining
options available to the City.
DEVELOPMENTOF LEGISLATION
• December 2017: The Law Department provided a memorandum regarding issues raised by short-term rentals
and recommended no regulations specific to short-term rentals.
• October 2018: The Law Department updated the December 2017 memorandum, incorporating information
about the Columbus ordinance pending at that time, with continued recommendation of no regulations specific to
short-term rentals; referral to Community Development Committee.
• August 20, 2019: The Law Department updated the October 2018 memorandum and presented options to the
Community Development Committee, including preserving the status quo of no short-term rental regulation;
registration; or ban. The Committee requested preparation of materials for Council to require registration after
the 14th night of short-term rental.
• September 23, 2019: Council requested an additional memorandum and referred back to the Community
Development Committee.
• October 10, 2019: Staff updated the August 2019 memorandum to request direction on how to proceed.
• November 6, 2019: The Community Development Committee discussed a draft ordinance that would require
registration of short-term rentals and a limit of 14 nights per calendar year. The Committee heard commentfrom
residents supportive of this change and directed that the draft move forward for introduction to Council.
• December 2, 2019: Ordinance 73-19 was introduced, with a 14 -night cap on short-term rentals per calendar
year; required registration; and required information on number of guests and stay to be submitted by hosts,
With 24-hour host contact information.
• January 6, 2020: City Council referred the matter back to this Committee for further review and consideration.
OPTIONS
1. Adopt a policy outlining the City's expectations for short-term
rental operators.
2. Require registration of all short-term rentals.
3. Differentiate between hosted and unhosted rentals.
4. Place a cap on the number of nights in a given year that a
short-term rental can be offered.
5. Prohibit short-term rentals in certain zoning districts while
permitting it in others.
6. Prohibit all short-term rentals.
7. Status quo — no short-term rental regulation.
Option 1 — Adopt a Policy Outlining City Expectations
• This policy could be circulated to all short-term rentals in
Dublin listed on the largest online marketplaces.
• If a complaint is received, Code Enforcement officials will
reach out to the violator to explain the concerns.
• These complaints will be logged and more stringent regulation
could be considered if these communications are not
successful.
Option 2 — Require registration
• This requirement could kick in if the property was rented for
even one night, but Council could also mandate a specific
number of allowable days per year before requiring
registration (i.e. 10 days, 14 days, or 30 days).
Option 3 — Differentiate between Hosted and Unhosted Short-
DublinOHIO, USA Term Rentals
• Some cities have enacted different restrictions for short-term
rentals based on whether the homeowner is present for the
duration of the rental.
• This difference was discussed by several residents at the
January 6, 2020 City Council meeting.
• In theory, having the host present reduces concerns about
overcrowding, parking, noise, and other disturbances.
• The City could permit unlimited nights of hosted rentals while
placing a cap on unhosted rentals.
Hosted v. Unhosted Rentals - Examples
• Santa Monica, California
• Requires all home -sharing rentals to register with the City.
• Permits unlimited rentals of hosted units.
• Prohibits unhosted rentals.
• Cambridge, Massachusetts
• Requires all rental units (hosted and unhosted) to register.
• Permits unlimited rentals but only of owner -occupied or owner -
adjacent rental units.
Option 4 — Place a Cap on the Number of Nights that a Short-
DublinOHIO, USA Term Rental Can Operate
• Council has the authority to impose any limitation. This would
permit homes to be rented for a certain number of days per
year, but no more.
• A 14 -day cap was part of the legislation considered by Council
on January 6, 2020, in addition to a registration requirement.
Option 5 - Prohibit Short -Term Rentals in Certain Zoning
DublinOHIO, USA Districts, While Permitting Short -Term Rentals in Others
• Cities can permit or prohibit short-term rentals in certain
zoning districts.
• Savannah, Georgia
• Defines ""short-term vacation rentals" as the rental of an entire
dwelling for 30 days or less (%e, unhosted rentals).
• Restricts those rentals to a ""short-term vacation rental overlay
district" which includes certain local historic districts and certain
business districts.
• Regulates hosted rentals separately and has no limit on the
number of nights
Option 6 — Prohibit all Short -Term Rentals
• Several communities across the country (including Upper
Arlington locally) have completely banned short-term rentals.
Option 7 — Maintain the Status Quo
• Several concerns associated with short-term rentals are not
necessarily unique to the use (including noise and parking)
and can be addressed by existing resources.
• Additionally, the City has a small number of advertised rentals
at this time.
Note on Corporate Housing Concerns
• The City received concerns from the corporate housing industry
after this Committee forwarded its recommendation to Council in
November.
• The industry provides temporary housing for relocating
employees of corporate clients mostly for 30 days or more (and
therefore outside the scope of the previously proposed
ordinance) but some short-term stays.
• To differentiate between corporate housing and short-term
rentals, the definition of ""short-term rentals" in future legislation
should exclude corporate housing and require the submission of
a form satisfactory to the Planning Director that the business is
legitimate.
Questions?
RECORD OF PROCEEDINGS
2020
CALL TO ORDER
Mr. Peterson called the Monday, January fi, 2020 Regular Meeting of Dublin City Council to
order at 7:00 p.m. at the Dublin Municipal Building,
PLEDGE OF ALLEGIANCE
Mr. Reiner led the Pledge of Allegiance.
OATHS OF OFFICE
Re-elected Council Member at Large Christina Alutto took the oath of office, administered
by Attorney Lauren Hunter. Ms. Alutto was accompanied by her family members.
Re-elected Council Member at Large Chris Amorose Groomes took the oath of office,
administered by Attorney and former Council Member A.C. Strip. Ms. Amorose Groomes
was accompanied by her family members.
Newly elected Council Member at Large Andy Keeler took the oath of office, administered
by Attorney Bill Root. Mr. Keeler was accompanied by his family members.
ROLL CALL
Present were Ms. Auto, Ms. Amorose Groomes, Ms. De Rosa, Ms. Fox, Mr. Keeler, Mr.
Peterson and Mr. Reiner.
Staff members present were Mr. McDaniel, Ms. Readier, Mr. Stiffler, Ms. O'Callaghan, Ms.
Goss, Mr. Rogers, Chief Pau, Mr. Earman, Ms. Bumess, Ms. Richison, Ms. Ray, Ms.
Puranik, Mr. Boggs, Ms. Migllettl, Ms. Delgado, and Mr. Plouck.
ADJOURNMENT TO EXECUTIVE SESSION
Mr. Peterson moved to adjourn to executive session at 7:05 p.m. to consider the
appointment of a public official.
Ms. Alutto seconded the motion.
Vote on the motion, Mr. Reiner, yes; Mr. Peterson, yes; Ms. Amoroso Groomes, yes; Ms.
Fox, yes; Mr. Keeler, yes; Ms. De Rosa, yes; Ms. Alutto, M.
The meeting was reconvened at 7:30 p.m.
ELECTION OF MAYOR
Mr. Peterson moved the nomination of Council Member Orris Amoroso Groomes to a Me -
year term as Mayor.
Mr. Reiner seconded the motion.
Vote on the motion: Ms. De Rasa, yes; Mr. Keeler, yes; Ms. Alutto, yes; Ms. Fox, yes; Mr.
Reiner, yes; Mr. Peterson, yes; Ms. Amoroso Groomes, yes.
ELECTION OF VICE MAYOR
Ms. Fox moved the nomination of Council Member Cathy De Rasa to a two-year term as
Vice Mayor.
Mr. Peterson seconded the motion.
Vote on the motion: Ms. Alutto, yes; Ms. Fox, yes; Mr. Reiner, yes; Mr. Peterson, yes; Ms.
De Rosa, yes; Mr. Keeler, yes; Ms. Amorose Groomes, yes.
OATHS OF OFFICE
Mayor
Ms. Amorose Groomes took the oath of office, administered by Mr. Peterson. She was
accompanied by her family members.
Vice Mayor
Ms. De Rosa took the oath of office, administered by Mr. Peterson. She was accompanied
by her family members.
(Coundl rso s ed briefly ro allow the ofAaal 2020 photo of pry Counal to be taken.)
RECORD OF PROCEEDINGS
Minutes of Dublin City Council .afrcriny
l!, Id January 6, 2020 Page 2 of 14 o
CITIZEN COMMENTS
Richard Limperas. 6610 Barionswurt Loop. Dublin stated he has brief comments regarding
the AEP transmission line project, which is potentially scheduled to be routed along Shier -
Rings Road. As a new resident to Ballantrae, he has researched the history of this project
back to 2017 when AEP first addressed Council about the proposed route. He has found
that the proposed route was very different back in 2017 — well north of Shler-Rings Road
and very far north of where the proposed route is now. He has a copy of that original
route available. He also found in the Dublin City Council minutes from that time that there
was discussion about keeping this line away from the Ballantrae neighborhood, both by
the City Manager and several Council members. He Is not certain of the timing of the nest
discussion regarding the AEP transmission line at a Council meeting, but proposes there is
time allocated for this discussion at the nest Council meeting for discussion of why this
change occurred between July of 2017 and September of 2019.
CONSENTAGENDA
• Approval of Minutes of October 14, 2019 Work Session
• Approval of Minutes of November IB, 2019 Regular Meeting
• Approval of Minutes of December 2, 2019 Regular Meeting
Hearing no request to remove an Rem from the Consent Agenda, Mayor Amorose Groomes
moved to approve the actions for the three items on the Consent Agenda.
Ms. Alutto seconded the motion.
Vote on the motion: Mr. Reiner, yes; Mr. Peterson, yes; Mayor Amorose Groomes, yes; Mr.
Keeler, yes; Ms. Alutto, yes; Ms. Fox, yes; Vice Mayor De Rosa, yes.
SECOND RE D RI ORDINANCE
Ordinance 73-19
Adopting Chapter 122 Under Title XI of the City of Dublin Coded Ordinances
to Regulate Short -Term Rental Facilltles.
Mr. Boggs made a presentation in follow-up to questions raised at the first reading on
December 2, 2019.
He noted the following:
1. This legislation was developed over a period of time due to the dramatic growth of
the short-term rental industry In general, and over the last several months, as
Council and staff have fielded specific complaints from residents of the City. This
resulted in the Community Development Committee and Council further pursuing
legislative options.
2. In 2017, staff met Internally and the Law Department prepared a memo regarding
Issues raised by short-term rentals, recommending at that love no specific
legislation for short-term rantals.
3. In October of 2018, the memorandum was updated as the City of Columbus
adopted its current system of registering short-term rentals. Staff recommended at
that time maintaining the status quo, but Council referred R to the Community
Development Committee (CDC) for further review. On August 20 of 2019, this topic
was reviewed by the Committee. At that time, options were presented and their
recommendation was to begin registration of these properties after the 146 rental
night In a calendar year. This was reported by CDC to Council. Having heard more
Input from the citizens, Council referred it back to the COC. In that format,
legislation was developed and then Introduced to Council in December of 2019.
The legislation took Its final shape with a registration requirement for all properties
that will host short-term rentals and a limitation of 14 nights per calendar year for
such short-term rentals.
4. The ordinance creates a new chapter In the City's Business Regulation Code. It
defines short-term rental as any room or dwelling that is rented for less than 30
consecutive days, and It prohibits that rental for more than 14 nights In the
aggregate in a calendar year. There is no impact on long -tern rentals, so month-
to-momh tenancies or longer are not Impeded by this draft ordinance.
5. There Is a yearly registration fee. The intent of staff Is m have all of this
Information available through the City's existing on-line platforms.
RECORD OF PROCEEDINGS
January 6, 2020 Page 3 of 14
6. People registering would be required to provide their information, demonstrate
they are the owner or primary resident of the property being registered, provide
the names of the platforms and media where they will be advertising the rental,
and attest to compliance with local, state and federal regulations for sleeping
accommodations.
7. Aside from the annual registration, there would be a requirement to notify the City
prior to individual stays: the number of guests, the day and time that the people
will be present, and a 24/7 contact for the host. There Is no requirement In the
legislation before Council tonight to provide guest identifying information.
8. In addition, the legislation as drafted provides that the Planning Director who
would oversee the program the ability to suspend, deny or revoke registrations If
there are violations of the regulations within this Chapter. For example,
registrations cannot be transferred to other owners; each new owner must register
their property.
9. Discrimination is prohibited under the Chapter, so protected statuses (race, sex,
religion, etc.) are not valid reasons to deny someone a rental.
10. There is an inspection component as well that property owners would have to
either allow Inspection or the City would pursue legal remedies to obtain inspection
at their dlscreGon In the enforcement mechanism.
11. Any violation is considered an unclassified misdemeanor with a fine of $250. The
discussion was to have something in place that Is consequential enough to
discourage repeated violations, but not too onerous a burden for a first-time
offender who was not aware of the regulations. Repeat violators would face the
higher potential third-degree misdemeanor penalties, which are a maximum $500
Are and up to 60 days in jail. The jail penalty is included as a result of the way
misdemeanors are classified. From a practical matter, as things are prosecuted, jail
is generally not a first resort in the enforcement of misdemeanor citations such as
this.
12. Since this legislation was Introduced In December, Mere have been several
questions about how it would interact with different types of rentals and a request
for the "before and after' Impact of this legislation on these rentals.
a. Long-term rentals of 30 days or more would not be affected by this
legislation.
b. Hotels and motels, which are defined elsewhere in the Code, are generally
any place offering transient accommodations that has five rooms or more —
they are not affected by this. They also provide conference facilities, they
are zoned differently, and would not be Impacted.
c. At the December meeting, there was some discussion about "traditional bed
and breakfasts" that are provided for in the Zoning Code. They are
currently permitted in two zoning districts — the Bridge Street District
Historic Core and the Bridge Street District Historic South. There was not
consensus reached in that conversation about how those would be treated.
On one hand, because they would be providing ancillary services or goods—
meals, small gifts, M. —the Code defines them differently. There Is
language in the staff report for this meeting that would allow existing,
lawful bed and breakfasts within those two districts to continue their
operations.
it. The red row on the slide refects what Is Intended to be addressed with this
legislation —the sharing economy, home type of operations that are
Primarily occurring in neighborhoods. Currently, they are not regulated as
such; if this ordinance is approved in its current form, the 14 -day limitation
and registration requirement would apply.
e. Subsequent to preparation of the staff memo for this meeting, there has
been additional communication from individuals In the corporate housing
Industry. These are entities that rent units and then sublet those, primarily
W corporate clients. There is a potential amendment available if Council
determines that is not an a¢Ivity intended to be brought within the scope
of this Ordinance. Most of their stays are less than 30 days. There Is an
individual present this evening who may offer testimony.
RECORD OF PROCEEDINGS
January 6, 2020 Page 4 of 14
f. Another question that arose at the December meeting related to whether
the City should require a minimum level of Insurance coverage for those
registering to be short-term rental hosts. In consultation with the City's Risk
Manager, they believe that having that type of regulation as a component
W the Ordinance would place the City in the middle of what is ultimately a
private transaction and allocation of risk. It may actually provide more
exposure to the City, by requiring a minimum level of insurance coverage.
g. The potential amendment no. 1 would be m permit bed and breakfast
establishments lawfully operating as of the effective date to continue in
operation, provided they do not cease operations for more than 90 days. It
would in essence "grandfather" these entities.
h. Regarding corporate housing, If that Is an Industry and activity that has
been swept In advertently, there is a potential amendment that would
exempt them from the definition of short-term rental by requiring those
who claim to be corporate housing to be an entity — distinct from a natural
person — and that they would have to attest by affidavit that their primary
activity is providing accommodations to corporate clients. If someone were
to make a false statement in that regard, the onus would be on them as an
affidavit being a sworn legal document could make someone subject to
falsification charges and penalties would result.
He offered to respond to any questions.
Mayor Amorose Groomes suggested that Council proceed with the public testimony from
those who have signed in to testify.
Frank Frees, 7735 Kate Brown Drive. Dublin. President of Brandon Homeowners
Association stated he has testl0ed previously at the Committee meeting. The Association is
aware of at least one short-term rental in the Brandon neighborhood. Although there have
been no serious Issues to data, they want W ensure there are no future serious Issues.
There have been some complaints from neighbors regarding noise and parking Issues.
Their major concern is with safety, as there have been reports documented In newspaper
articles that from May through October 2019, there were 42 Incidents of shootings and
people being killed In other cities Involving short-term rentals. They want to make sure this
does not happen in Dublin. Ideally, they would prefer the City ban short-term rentals as
Lipper Arington has done. They do understand the position the City is in. The draft
legislation includes the registration requirement, the 14 -day cap, and requires the bed tax
to be paid. They are satisfied with this legislation, and thanked Council for addressing the
Issues.
Ray Lee, 7728 Windwood Drive Dublin stated he Is present W speak in opposition to the
ordinance. In regard to the safety concerns, the memo dated August 13 W the Committee
Indicated: "Sarety concerns have been raised regarding short-term rentals in general. The
Dublin Police can only locate one complaint that was related W a potential Airbnb, and that
complaint was noise related. This was not confirmed as the music was turned dawn prior
to the officer's arrival." In regard to shootings, as covered in the media, the memo noted:
"Recently, shootings occurred at two separate locations In Columbus that were allegedly
Airbnbs. Dublin Police spoke to Columbus and the Incidents in Columbus seem to be
related to geographic crime trends/activity and net to the nature of the rental. Based on
Police's limited interaction and/or calls for service at short -terms rentals within the City, It
does not appear necessary to adopt legislation at this time." Legitimate government Is W
investigate concerns, and if there are real concerns, action is taken. The action taken
should hopefully cause less problems than the underlying concern that gave rise to the
investigation. While there may be concerns, City staff has looked Into this and they have
written a number of memos to Council. This one unconfirmed noise complaint is the only
actual incident involving an Airbnb In the entire record he has been able to find. One
noise complaint does notjustify restricting property rights. He Is a Libertarian and property
rights are a major concem for him. Respectfully, he submits that this matter Is a solution
in search of a problem. City staff has been monitoring short-term rentals, according W
memos provided to Council for at least six months. They have found no more than 12 such
RECORD OF PROCEEDINGS
Mmules of Dublin City Council Meeting
January 6, 2020 Page 5 o 14
Ile(J
rentals available at any given time throughout this period. The legitimate government
Interests have been addressed by the Law Department and others - land use, property
values, health and safety, and taxes. The memo states that there are not enough short-
term rentals to Impact land use. Bad behavior by guests at short-term rentals can be
addressed through existing Codes, and this behavior Is not unique to the presence of
short-term rentals. He has three points: 1) urged Council to delay a vote on this
legislation, as he is an Airbnb hW, just learned of the legislation this week and would like
more time to prepare; 2) noted this is a solution in search of a problem, and there will be
costs for the solution - code enforcement costs and economic costs of the deprivation of
property rights of residents; and 3) if Council does take this actor, which he opposes, he
urges Council to grandfather people who have already arranged their economic affairs
based on the existing law. Personally, he is not certain how he can keep his house In
Dublin if he cannot continue with short -tens rental. There will be significant economic
impact on people who have arranged their economic affairs consistent with the existing
law, and he asks that Council grandfather those who have been doing this and have
planned their economic resources around It.
Mac lawless 4338 Toiler Road Dublin noted he is President of Corporate Housing
Systems and Is hopeful there will be an amendment that will exempt their industry. Their
company has been In business In Dublin since 1984 and is a provider of fully furnished
apartments. They lease apartments tong -term, furnish them with udimes, provide
housekeeping services, etc. They provide these services for companies like Honda,
Cardinal Health, Nationwide and Wendy's. The companies use them for their employees
who are relocating to the area. Ninety percent of their business is for stays of 30 days or
more, relocation driven, and corporate. They do some short -tern rentals when a client
purchases a home sooner than anticipated. Approximately 10 percent of their revenue is
driven by shorter stays. The average length of stay for their guests is 68 days. They do not
own any apartments and are not a permanent occupant of any of the apartments. As
written currently, he is not aware of how the legislation applies to them. It seems focused
on single-family homes. In addition, they do not currently list on any of the home -sharing
sites such as Airbnb, etc. Their revenues and sales are driven primarily by working with
businesses. His concern is that Industry wide, he Is a member of a national organization of
corporate housing providers and has seen legislation passed in many tides and followed It
closely. What Is proposed in Dublin is much more restrictive than what he has seen In
large cities that do have problems with a housing shortage. He urged Council to consider
how this may unintentionally Impact businesses In Dublin like them and their clients. He
does not believe this regulation is really designed to Impact businesses like them who are
providing a good solution to corporations. He is happy to answer any questions about their
Industry.
Ms. Fox asked if their housing Is all in commercial areas.
Mr. Lawless responded that all of the apartinents they lease are from large apartment
communities. They do not own any of these. The majority of the complexes they work
With have 150-200 units and higher. They do have dients who are in between homes and
need housing for a month or two. However, the majority of their clients are corporate
businesses, not individuals.
Marlene Yoder, 5747 Steams Road Columbus noted that she learned on tonight's 6 p.m.
news about this hearing. She Is an Airbnb host and has done this for two years. She lives
out in the country, so there is no issue with noise. She understands same concerns were
expressed about noise and parking. However, she does not understand this legislation that
restricts Alrbnbs to 14 days per year - why not just completely outlaw it, as this is really
restrictive. She has other friends who host Airbnbs - not in Dublin - and they love having
visitors come to their homes. She urged Council to allow two months of rentals per year.
She has not researched this matter yet, but wants Council to reconsider this legislation.
Warren Fish 8577 TurrUltriry Court Dublin stated that he lives on a court of six
houses and there are two Airbnbs operating on the court. There is another Alrbnb four
houses down, right off of his court. He and his family live in a residential neighborhood. He
RECORD OF PROCEEDINGS
Held January 6, 2020 Page 6 of 14
has no Issue with Airbnbs in commercial neighborhoods. The problem in their court is not
necessarily with noise. However, many Utters come Into the neighborhood at 1 or 2 a.m.
One of his neighbors has moved out of his house and It Is now used as a full-time Airbnb
rental. There was a group at the house during the political season working on a campaign
for a referendum and there were 20 on per night going to and from the court. There
were people standing in front of his house and his neighbor's house waiting for Utters.
There have been many parking issues for the can involved. He has spent many years In
Dublin fighting far good zoning and lovely neighborhoods. There is nothing wrong with a
commercial use like Airbnb in a commercial neighborhood. However, the houses in his
neighborhood are 16 feet apart One neighbor found a person from a nearby Airbnb rental
sleeping in their backyard hammock. The problem is with a commercial use in a residential
neighborhood. He sympathizes with those who make their livelihood from the short-term
rental and he suggests they purchase a home In a commercial neighborhood for this
commercial use. He noted that there is reference to five rooms. Would that apply to a
neighbor with a five -bedroom house?
Mr. Boggs responded that the five roams is one of the cul for something considered a
hotel under the fire code. This Is not applicable to a residential home.
Mr. Fishman added that they have observed as many as 12-15 people staying at the
Airbnb on their court. These Alrbnbs are filled with lots of people during OSU games.
While it is a great commercial use, short-term rentals do not belong In residential
neighborhoods where houses are 15-16 feet apart.
Peter O'Neill, 8568 Tumberry Court. Dublin noted he lives In the same cul-de-sac as Mr.
Fishman. He thanked Council for their consideradon of this Important matter, protecting
his property rights to enjoy his home, and hopefully not continue to lower the value of his
home with what now are hotels next to him. Everyone talks of the nice families coming In
and out of Airbnbs, but what they we is commercial activity — people who Instead of
renting office space and hotel rooms are using nice, large Dublin houses as both their
offices and sleeping accommodations with commercial vehicles coming In and out of the
cul-de-sacs. He does not call the Police when all of the can are present. It was his
daughter who found a stranger in their hammock. He did not call the Police, so these are
not all on record. However, when you live next to this activity, it greatly disrupts your life.
For the 12 rental units operating In Dublin and those having to deal with it, their lives have
been greatly disrupted. He appreciates Council taking this action. It is very important. He
asked for clarification about the legislation: If a property owner resides in the home and
rents out one room as an Airbnb while still home, he does not have an Issue with that. If
his neighbors were doing that, he would not have concerns, given they were In the home.
However, they are renting out their entire houses. He was not clear about where the
legislation stands in terms of renting one room of a home.
Mr. Boggs responded that the legislation does not distinguish between hosted and
unhosted rentals. Someone being physically present who is the owner or occupant versus
not being present does not change the registration or cap requirement. Where the owner
or resident comes into play is for registration. One is only eligible to register if they are the
owner or primary resident.
David Vandeveer, 5574 Hathaway CourtDublin noted they had experience using krbnbs
traveling to California for an internship and found middle class households who expressed
positive experiences with Airbnb. They signed up for Alrbnb upon return to Dublin and
have had nothing but good experiences, hosting professional people. This has been a
source of fascinating conversations and discussions with people. One of the things he
loves about Dublin Is that Dublin is deliberate, does things right, and cares about its
people. Dublin does not do knee-jerk reactions. It Is important to look at the good side to
Aironbs. Dublin embraces change and he does not want to see a shortsighted decision an
this matter. There is not enough information on this and a 14 -day limitation is too
restrictive. There are not many Airbnbs in Dublin. He urged Council to look at the whole
picture and what is to be accomplished. The way this is strictured now is not correct. He
is a property owner, has lived in Dublin since 1999 and wants to protect his property, too.
He has never had a complaint from his neighbors about his Airbnb rentals. In terms of
benefits, money is spent in Dublin restaurants by those using Airbnbs. He does not believe
RECORD OF PROCEEDINGS
Held January8, 2020 Page 7 of 14
they would be qualified to operate a B&B, as they do not reside in one of the districts
where they are permitted. He urged Council to take a step back and take more time to
figure this out, protecting people like him who are doing this right.
Andrew Landers 4909 Lydleld Drive, Dublin stated he works for I.P. Morgan Chase and
wears the lens of risk, looking at things from the perspective of risk and mitigants to those
risks. He suggested Council think in those terms. What risks are we Introducing to the
community and what miti9ants could be put Into place that would help protect the
residents who came into the community with the assumption that those risks and
uncertainty that may be Introduced through this new economy would be addressed? His
recommendation would be that Council give this some consideration around the dimension
of hosted versus unhosted. That might mitigate the risk, If the host is present An
unhosted stay Introduces a larger dimension of risk. He recommended framing the issue in
that context and he supports the legislation with that in mind.
Warren Fishman. 8577 Tumberry CourtDublin added that his point is well taken. But
people who have their economic situation affected by having these Airbnbs should buy a
house In a commercial area that allows them to do that. He does agree that a hosted stay
is a lot different from a non -hosted stay. The problem in their cul-de-sac is there are large
homes and lots of unknown people coming to them through these programs.
Council Discussion
Mr. Peterson asked if there is legislation that distinguishes hosted versus unhosted short-
term rentals.
Mr. Boggs responded there are a handful of ordinances across the country that use this
distinction and cap unhosted nights, but not hosted nights. There are also some that do
not distinguish and cap all of the short-term rentals, but have set their cap at a different
level than 14 days.
Mr. Peterson stated that for him, It Is a matter of what are people's reasonable
expectations and whose expectations will be changed. Mr. Fishman's comment Is
compelling - that when he bought his home, they expected the neighborhood was all
single-family homes. Now this Industry has cropped up, and has changed things. People
who live in single-family homes who now have empty neighborhood homes being rented
to large groups of people have experienced this change. That is not necessarily right. His
inclination Is to lean toward supporting those impacted by this change. However, he is
Interested in the idea of hosted versus unheated short -tern rentals. If seems that if an
owner is on site, the neighbors would be able to contact them if there are problems. This
may be a compelling distinction for him, but he does not have adequate Information to
make this call tonight
Mr. Reiner agreed. For him, it comes down to bed and breakfasts - they are owner
occupied with the owner monitoring the activity. Perhaps legislation could be considered to
expand bed and breakfasts into other zoning districts. He supports the short-term rental
legislation and supports the two amendments proposed. He believes that when a property
owner purchases a home in a residential community they should be able to expect It to be
a residential community and not potentially a hotel site. He also suggests expanding
districts in the City for bed and breakfasts where the owner is present for the guests.
Ms. Fox stated that her concem is with using a "sledge hammer" to address a problem.
She understands the concerns of the Muirfield residents as expressed tonight. She, too,
would not want this situation. There is much more information that can be assembled In
order to mitigate the Issues. The new trend of hosting is a commercial Indus". At a
minimum, these need to be registered and regulated so that when problems are reported
we can determine what the problem is and revoke a registration if necessary. Currently,
there is nothing to stop a noise problem aside from a Pollee report. Perhaps the City's
disturbance ordinances are not strong enough. There Is a safety concem, as Alrbnbs do
not require fire alarms, smoke detectors or carbon monoxide detectors. Parking is not
addressed in the legislation. If a property owner is renting through Airbnb, there should be
a limit of parking spaces related to occupancy. In addition, by having a blanket short-term
RECORD OF PROCEEDINGS
Minutes
field January 6, 2020 Page 8. of 14
rental reshiction, the City could be eliminating some desirable co -housing opportunities.
Nesting is popular with seniors today and a variety of house sharing programs. She does
not want to see problems In the neighborhoods, but believes R can be addressed and still
allow some ability for people to share their homes with others on a short -tens basis.
Mr. Keeler commented that registration would go a long way. Long-term rentals do not
require registration - property owners can rent to anyone they choose. If a property is
registered, however, It Is on the Cry's radar and if there are multiple violations, the
registration on be revoked. For a property owner routinely renting to groups larger than a
house can accommodate, if complaints are being received from residents - Police reports,
etc., they will no longer be able to rent their property - three strikes, you're out. He
believes 14 days is somewhat limiting. For a senior with empty moms looking for extra
income or socialization, Interaction with other people, he does not see it as his position to
tell them who they can or cannot have sleeping in their house. However, it must be
regulated. He believes that the $225 fee is a little high, as there are rooms for rent In
Dublin for $15 per night. Could the fee be based upon the sire of the house or the number
of occupants? It would then be scaled to the cash flow. He echoes Ms. Fox's comments
that a little more thought Is needed about this. He cannot support restricting property
owners'rights. It Is not possible to control who moves in next door to you in any case.
However, a property owner renting to the wrong people would face consequences for that
with a registration process.
Ms. Hutto stated that the 14 -day cap may be a bit restrictive. She understands the
perspective of neighborhoods being neighborhoods - that Is why people buy homes in
neighborhoods. There is additional research that should be titin. There Is also
administration and overhead cost involved in determining the number of people who could
occupy a large home, and that is a concem. If it Is determined that for an Airbnb purpose
a house could accommodate 10 people, yet the owner deddes to host a family reunion
with 15 family members staying in the house - It does not seem fair. In terms of the
safety Issues such as smoke and carbon monoxide detectors, she has used this type of
service previously and these devices are considered an amenity. This Is problematic. The
question is how far does the City want to dictate how people equip their own homes and
what types of protection devices are In place, whether fire, carbon monoxide, smoke or
radon? It feels like reaching in too far from a government perspective. She is generally
supportive of the legislation, but believes more work is needed. She does support the
amendments outlined tonight.
Vice Mayor De Rosa stated that cities across the country are grappling with this issue and
adopting legislation. The zoning laws for commercial and residential uses were written
deliberately with the desire for a well planned community. Then technology has changed
and a sharing economy now exists. However, the rules around how we operate as a
community have not caught up, nor have they even been addressed. She is very
sympathetic to the Idea that people bought into a residential or commercial area and
understood this when they purchased their home. Now, the rules do not necessarily match
the world we live in and it is important to address this In the right way. Property rights are
both for the homeowner and what they bought Into. She lives on a cul-de-sac and would
want to know there are rules and regulations In place If short-term rentals are in the
neighborhoods. This is not to prevent a sharing economy, but It Is Important to consider
the rules that have been set for the community collectively and bring those in line with the
Issues before us. The suggestion of distinguishing between hosted and unhosted is a good
one, and more thought about the number of days Is needed. She appreciates the chart Mr.
Boggs has assembled to help Council in working through these issues. Council wants to
support corporate housing, and also wants to protect some other things. She Is supportive
of the legislation. It would be helpful to have some more dimensions on that and ensure
before passage that we have exercised some of that. This Council does need to catch up
in terms of addressing the sharing economy that now exists. It is important for Council to
consider some more dimensions and be comfortable with catching up with what the world
will continue to do from a sharing perspective.
RECORD OF PROCEEDINGS
January 6, 2020 Page 9 of 14
Ms. Alutto asked Ms. Readier if Council wants to take additional time for this consideration,
would a motion to refer R back to Committee be in order?
Ms. Readier responded that Council could table the ordinance and staff could then return
to Council at a work session or Council could refer it back to the Community Development
Committee for further discussion and review.
Mayor Amorose Groomes stated she appreciates all of the perspectives. This is a difficult
decision as it involves property rights for an owner as well as a neighbor. As someone who
has lived on a street wM a shared rental unit, it was extremely dificult due to not
knowing who or how many were occupying the unit. She is supportive of the legislation,
and It Is Important to be deliberate and constructive in addressing some of the issues
raised. She is Interested in the hosted versus unhosted residential unit aspect, which might
be a complicated Issue to legislate. R is important to get this right. She is sympathetic to
the corporate housing company, as apartment complexes are not the focus of what
Council wants to address in this legislation. She Is very supportive of the Iegislatlon, and In
light of new information there are some Improvements that could be made to make It a
better fit for the community. She would support referring this back to the Community
Development Committee for further discussion in the interest of making this legislation
better in terms of any unintended consequences.
Ms. Fox agreed that the CDC is an appropriate committee for this discussion. However,
there is a forum needed where people can provide their perspective.
Mayor Amorose Groomes stated that the Committee did take public comment at their
previous meeting on this topic. They an do so again.
Ms. Fox stated that for her, there are We many "holes" In the legislation as drafted. In
terms of people who rent their homes during the Memorial Tournament, how would the
numbers in the houses be monhored? Far the bed and breakfast use, particularly in the
mixed-use areas In the Historic District, Council may want to encourage boutique E&8
and may want them to be less than fve units— a small house with two or three bedrooms.
This requires a lot of discussion, The provision that would revoke the registration after
three violations Is very Important, too.
Mayor Amomse Groomes acknowledged it is difficult to make a Police report regarding a
neighbor. She understands Mr. O'Neill's comments about not reporting to Police, as it Is
difficult, given the neighbor will continue to be your neighbor.
Ms. Fox stated that it can be reported to the Planning Director under the proposed
legislation. If there are three violations reported, the registration can be revoked for one
year and there is a fine.
Mr. Keeler added that people do not want to call the Police regarding a neighbor/host and
the host does not want to have the Police called, as it could result in loss of the
registration. These consequences will encourage people to abide by the rules.
Ms. Alutta moved to table the ordinance and to refer the legislation back to the
Community Development Committee for further review.
Vice Mayor De Rosa seconded the motion.
Vote on the motion: Ms. Fox, yes; Mr, Keeler, yes; Ms. Alutto, yes; Mayor Amorose
Groomes, yes; Mr. Reiner, yes; Vice Mayor De Rosa, yes; Mr. Peterson, yes.
Mayor Amorose Groomes asked staff to send a reminder to anyone who testified this
evening regarding the date and time of the Community Development Committee meeting
regarding this matter.
INTRODUCTIONLEIRU RfADING — ORDINANCE
Ordinance 01-20
Authorizing the Provision of Certain Incentives to Ohio Medical Transportation,
Inc. to Induce it to Lease or Purchase a Facility to Expand its Office and
Associated Operations and Workforce; All Within the City; and Authorizing the
Exew6on of an Economic Development Agreement.
Mayor Amorose Groomes introduced the Ordinance.
RECORD OF PROCEEDINGS
January 6, 2020 Page 10 of 14
Ms. Ray stated that Economic Development staff has been in discussions with MedFlight
about their relocation and expansion of Its dispatch center and operations facility to
Dublin. MedFlight is a not-for-profit organization that Is based in the City of Columbus. Its
purpose ism provide care and transport for the critically III and Injured. The company Is
outgrowing Its current dispatch center in Columbus and has been conducting Its real estate
search In Columbus and the region. This project would result In the relocation of
approximately 39 existing MedFlight jobs to Dublin. The headquarters will remain in the
Gty of Columbus; this Is only the dispatch center and operations. This provides the
addition of new employee payroll withholdings associated with approximately 22 new jobs
by 2025 for a total of approximately 61 jobs. In return, the company is expected to
execute a minimum seven-year lease or acquire an office facility within the City of Dublin
In order for the agreement W take effect. The EDA proposed to MedFlight Is a five-year, 15
percent performance Incentive on net new payroll withholdings, capped at $15,000 for the
term of the agreement. The payroll associated with the regional relocating jobs would not
contribute toward this incentive agreement.
Staff recommends approval at the second reading/public hearing on January 21. She
offered W respond to any questions.
There was no public testimony offered.
There were no further comments.
There will be a second reading/public hearing at the January 21 Council meeting.
Mayor Amorose Groomes moved W waive the Council Rules of Order to address
Resolutions 01-20, 02-20 and 03-20 together.
Ms. Alutto seconded the motion.
Vote on the motion, Mr. Peterson, yes; Mr. Reiner, yes; Mr. Keeler, yes; Ms. Fox, yes; Vice
Mayor De Rosa, yes; Mayor Amoroso Groomes, yes; Ms. Alum, yes.
Resolution 03-20
Approving the City of Dublin's Application to Adjust the Boundaries of the
Scioto East Community Entertainment District Generally Bounded by Block D
within Bridge Park and Bridge Park Avenue on the North; Shamrock Boulevard
on the East; City of Dublin Corporate Boundary on the South; and Riverside
Drive, Dave Thomas Boulevard, and Block B within Bridge Park on the West.
Resolution 02-20
Approving the City of Dublin's Application W Adjust the Boundaries of the
Scioto West Community Entertainment District, Generally Bounded by West
Bridge Street, Rock Cress Parkway, North Street Across the Scioto River and
Bridge Park Avenue on the North; Dave Thomas Boulevard and Bridge Park
Block E Property Line Across SR 161 on the East; City of Dublin Corporate
Boundary on the South; and Corbin Mills Drive on the West.
Resolution 03-20
Approving the City of Dublin's Application to Adjust the Boundaries of the
Scioto North Community Entertainment District, Generally Bounded by Emerald
Parkway and the Dublin Arts Council Property on the North; Riverside Drive and
Dale-Tuller Drive on the East, Bridge Park Avenue and North Street Across the
Scioto River on the South; and North High Street and the Scioto River Western
Edge on the West.
Mayor Amorose Groomes Introduced the Resolutions.
Ms. Readier stated that in 2016, Council created three Community Entertainment Dismcts
(CEDs) — the Scioto North, Scioto East and Scioto West. A CEO is a tool to help facilitate
development and redevelopment of property. It creates a new pool of liquor licenses for
restaurant and similar venue development. The permits usually have a significantly smaller
fee than the typical liquor Ilcese, but are more restricted, as they can only be used Within
the boundaries of the CEDs. As development and redevelopment have occurred in the
Districts over the past few years, one CED — the Scioto North CED — has become stressed
with the number of permits. Each of the three CEDs was originally allocated 15 permits,
and Scioto North currently has used 12 of those permits. By comparison, Scioto West has
RECORD OF PROCEEDINGS
Dublin City Connell Meeting
January 6, 2020 Page 11 of 14.
only used four of the permits and Scioto East has only used five of the permits. To ensure
that development continues consistently, staff Is recommending the amendment of these
Internal CED boundaries. Staff is not proposing adding any new property to the CEDs, but
simply adjusting them Internally. Ms. Pumnik will share slides that detail the changes.
Ms. Puramik displayed a map of the 2016 CED boundaries. Staff at the time looked at these
boundaries based on the investrnent requirements of the application. The districts are not
being expanded into any new properties. She provided details of the changes within the
three CEDs as proposed.
Mayor Peterson recommended approval of the applications in December, and staff
recommends approval of the Resolutions.
There was no public testimony.
Council Discussion
Ms. Fox noted that the memo indicated that when a District Is amended, new Investment
needs to be made at the $50 million level. How does that Impact these changes? If
changes are made and an area removed from one CED and added to another CED that is
fully developed, that investment is not likely W occur.
Ms. Readier responded that the $50 million investment is In public and private
development, and there has been so much significant development in Bridge Park since
2016 that the applications qualify.
Mr. Reiner stated these amendments make sense and provide more opportunities for
Bridge Park. With the North Market coming In, there will be mare demand far liquor
licanses.
Ms. De Rosa stated that because there is significant development underway, does It make
same to create another new CED?
Ms. Readier responded that staff gave this mnsideation. In meeting with Crawford Haying
to review the opacity issues and the proposed development timelines in the areas, staff
believes that amending the Districts at this time will be adequate. There may be a future
need to create a new District, but staff does not believe it is needed now to achieve these
goals.
Ms. De Rosa stated that the option would remain, however, so If there is new development
it could go toward a fourth CED.
Ms. Readier agreed.
Ms. Fox referenced the slide of Scioto East CED, It does not begin to touch the area
toward the shopping center. She asked staff about how large a CED on be.
Ms. Pumnik responded that 75 acres provides 15 liquor permits.
Ms. Fox asked the total acreage of the new Scioto East CED.
Ms. Pumnik responded It Is 86 acres.
Ms. Readier explained that 75 acres is the minimum size required to have 15 liquor permits
total. That is the maximum number of permits, but there can be more acreage.
Ms. Fox asked if there is any reason not to extend this farther to the east in order to
encompass new development like that in the Penzone's area.
Ms. Readier stated that the goal was not W increase the boundaries with this shift.
However, the boundary could be changed at any time, if desired. The development would
need to justify the creation. All of the development in Scioto East could be considered to
expand it.
Ms. Fox summarized that as a District is expanded, more development Investment is
required, correct?
Ms. Readier responded that in creating an entirely new CED, there would have to be
development Investment adequate to do so.
Mr, McDaniel noted that CEDs can be modified or a new CED on be added. What =old
drive that decision process or need to do that would potentially be new development or
redevelopment. That is what drove the establishment of these three CEDs back In 2016.
RECORD OF PROCEEDINGS
Minutes
Heid January 6, 2020 Page 12 of 14
Mayor Amorme Groomes asked If an entity with an existing permit can be moved to
another CED. She is trying to understand why Block F and Block J would be moved to
another CED, as there are not existing permits in these blocks. Clean lines cannot be
drawn because of existing permits, correct? The boundaries seem to be Irregular.
Ms. Puranik stated that when the original CED maps were made, the development
proposals were not close to the level of today. We now have a better idea of what is
coming in the future.
Mayor Amoroso Groomes noted that there are a couple of typographical errors in the
charts. In the Scioto North totals, there Is a `2" In the column of Pint House versus in the
column of "needed." In the Scioto East CED, under issued, the "X" is not under Oakland
Nursery. She asked that these charts be corrected prior to finalizing the legislation.
Vote on the Resolution? Mr. Reiner, yes; Ms. Fox, yes; Mr. Keeler, yes; Mr. Peterson, yes;
Ms. Alutto, yes; Vice Mayor De Rosa, yes; Mayor Amorose Groomes, yes.
STAFF COMMENTS
Mr. McDaniel reported'
1. The City will be sponsoring a Night of Innovation - Connected Dublin public
engagement meeting on Thursday, January 16 at the Dublin Rec Center from 6-8
p.m. He encouraged everyone to attend. The goal is to educate and inform
residents on current Connected Dublin projects. This also Includes engaging
residents in an interactive citizen -centric session to envision what Dublin's digital
future might look like.
2. A memo was Included In the packet summarizing the discussion of the Community
Development Committee meeting in December regarding the South High Street
tramcape.
3. A memo was sent out in late December about the restructuring of the Council
packet for the Information Only Items sent W Council. The information relative to
Council meeting agendas and any follow-ups from a previous Council meeting will
be provided for the Regular meetings. The off -week packets will Include general
Information and updates that are not related to Agenda Items. He welcomes
Council's feedback as this new Information sharing system is Implemented.
Mayor Amorose Groomes asked if Council wants to discuss an item In the Info Only packet
sent in the off weeks, when is the appropriate time to bring that up at a Counal meeting?
Mr. McDaniel responded that Council members should make staff aware of their desire to
discuss an Item as soon as possible, and R can be scheduled on an agenda or recirculated
in a Council meeting packet for discussion. Adjustments can certainly be made to this new
process.
4. Thanks to Mayor Peterson and Vice Mayor Amomse Groomes, as well as all of
Council for their serAce. He looks forward to working with Mayor Amoroso
Groomes and Vice Mayor De Rosa in their new leadership roles. Congratulations to
all of those re-elected and to Mr. Keeler upon his election to Council.
COUNCIL COMMITTEE REPORTS
Mayor Amomse Groomes asked if any Committee chair wants to report regarding pending
_ items.
There were no reports.
Mayor Amorose Groomes read into the record the proposed new Committee Chairs and
members as well as Council representatives to various entities:
Administrative Committee: Vice Mayor De Rosa, Chair; Members Ms. Fox and Ms.
Alutto
• Community Development Committee: Mr. Reiner, Chair; Members Mr. Keeler and
Mayor Amomse Groomes
• finance Committee: Ms. Alutto, Chair; Members Mr. Peterson and Mr. Keeler
• Public Services Committee: Ms. Fox, Chair; Members Vice Mayor De Rasa and Mr.
Reiner
• Planning & Zoning Commission representative: Ms. Fox
• COTA Board representative: Vice Mayor De Rosa
RECORD OF PROCEEDINGS
Minutes Of Dublin City Council Meeting
Held January 6, 2020 Page 13 of 14�
• Dublin Arts Counal representative: Mr. Reiner
• Dublin Board of Education Council liaison: Mr. Peterson
• Dublin Bridges liaison: Ms. Fox
• Friendship City Association: Ms. Hutto and Mr. Keeler
• Mid -Ohio Regional Planning Commission: Mayor Amorose Groomes
• Logan -Union -Champaign Regional Planning Commission: Mr. Keeler
• US 33 Corridor representatives: Vice Mayor De Rosa and Ms. Fox
• Veterans Committee: Mr. Reiner
Washington Township liaison: Ms. Fox
• Complete Count Committee: Ms. Alutto
Mayor Amorose Groomes moved the appointment of the Council committee chairs,
members, and representatives to entitles as outlined.
Ms. Fox seconded the motion.
Vote on the motion Mr. Reiner, yes; Ms. Fox, yes; Ms. Alutto, yes; Mayor Amorose
Groomes, yes; Mr. Peterson, yes; Vice Mayor De Rosa, yes; Mr. Keeler, yes.
COUNCIL ROUNDTABLE
Mr Peterson congratulated the re-elected members and newly elected member of Gty
Council. It is a dBficult thing to place your name on a ballot, seek votes, and serve in this
capacity. He has a tremendous amount of respect for each and everyone who does that.
Congratulations also to Mayor Amorase Groomes and Vice Mayor De Rosa an their new
leadership roles. Happy New Year to all!
Ms. Alutto edroed his comments, and thanked the community for supporting her in her re-
election. Thanks and congratulations to Mayor Amorose Groomes and Vice Mayor De Rosa
for their willingness to serve in these leadership rules. She Is looking forward to 20201
Mr. Reiner echoed the comments, and welcomed Mr. Keeler to City Council. He thanked
Mr. Keeler for his service on the Architectural Review Board and acknowledged the hard
work he has done In restoring his famllys house and barn at a key intersection in the City.
Congratulations to the new Mayor and Vice Mayor as well, and to the re-elected Council
members)
Mr r thanked Council members far being so welcoming. He feels they are all friends
and he could call upon anyone at anydme, as well as the City Manager. He Is extremely
impressed with staff, and the City Is In good hands. He Is really excited about the next four
years!
Ms Fox welcomed Mr. Keeler to Council. She has watched him serve on ARB, seen the
work he has done, the way he campaigns and how he relates to people. She is thrilled he
is joining Council. She is very proud to be with this Council group. She acknowledged the
exemplary service of past Mayor Peterson, and noted that everyone has learned from
watching him. It has been a pleasure working under his leadership and watching him build
the relationships that exist. Happy New Year to all, and congratulations to those re-
elected. She is looking forward to 2020, as well.
_ Vim Mayor De Rosa welcomed Mr. Keeler to Council It is such an honor to serve this
community and all of Council knows that. We thank the community and staff for the
opportunity to do that Congratulations to those re-elected, and she looks forward to
serving with all of Council. Dublin has an exciting decade ahead, and It will be terrific to
work with all of Council and staff)
Mayor Amorose Groomes congratulated her colleagues who were successful in their
election or re-election. She agreed with Mr. Peterson about the difficulty of putting one's
name on a ballot and running for election. When first elected to Council, she was at an
event where Mayor Peterson was speaking. Her mother was standing next to her, and
remarked, `I pity whoever has to follow himl" Mr, Peterson has been a treasured friend
and a steady hand, an excellent beadier, and she appreciates all he has done. The true
sign of a leader is when they are willing to pass that torch, and Mr. Peterson personifies
RECORD OF PROCEEDINGS
January Q 2020 Page 14 of 14
that' Thank you to him for all he has conal She appreciates the trust belief and friendship
he has extended to her since the beginning of her service on Council.
EXECUTIVE SESSION
Mayor Amoroso Groomes moved to adjourn to executive session at 9:18 p.m. for
conferences with an attorney for the public body concerning disputes Involving the public
body that are the subject of pending or Imminent court action.
Mr, Reiner seconded the motion.
Vote go the r iom Ms. Alutto, yes; Ms, Pox, yes; Mr. Reiner, yes; Mr. Peterson, yes; Vice
Mayor De Rosa, yes; Mr. Keeler, yes; Mayor Amorose Groomes, yes.
Mayor Amorose Groomes announced that following the executive session, the meeting will
be reconvened and adjourned. No further action will be taken.
AD30URNMENT
The meeting was reconvened at 10:37 p.m. and adjourned.
Mayor — Presiding Officer
Clerk of Coundl
Office of the City Manager
Parkway *City of Dublin Phonne: 614-1410-4 0 • Faax:hlin614--410-4490 1090 Mem o
To: Members of Dublin City Council
From: Dana L. McDaniel
Date: December 12, 2019
Initiated Jennifer D. Readler, Law Director
By: Thad Boggs, Assistant Law Director
Re: Ordinance 73-19 Adopting Chapter 122 Under Title IX of the City of
Dublin Codified Ordinances to Regulate Short -Term Rental Facilities
Follow Up
At the first reading on December 2"1, Council asked whether a minimum insurance
requirement should be added to the short-term rental permit application. We consulted with the
City's Risk Manager, Ron Whittington, who in turn consulted with members of the City's self-
insurance pool. After discussion, it is Staffs recommendation to not include a minimum
insurance requirement. This is fundamentally a private contract issue that is between the short-
term rental operator and guest and requiring a minimum coverage amount may expose the City
to unnecessary liability. Moreover, as part of the application, the operator must submit an
affidavit attesting that the short-term rental operation is in compliance with all applicable local,
state, and federal laws and regulations concerning the provision of sleeping accommodations to
transient guests and we do not believe the City should go any further in regulating the
relationship between the operator and the guest.
Council also inquired about the impact the ordinance may have on bed and breakfasts.
The codified ordinances currently address bed and breakfast establishments in the zoning code,
defining them at Section 153.002(B)(2)(a) as "private home[s] providing accommodations to
the traveling public in habitable units for compensation ... generally limited to short -stay
facilities. This use includes the provision of related accessory and incidental services such as
eating and drinking, meeting rooms, and the sale of gifts and convenience goods." The code
permits bed and breakfast uses in two zoning districts: BSD -Historic Core and BSD -Historic
South. The code also includes use -specific standards in Section 153.059(C)(3)(b), requiring that
the property owner must reside on the property or manage the bed and breakfast facility;
limiting the number of guest units to eight rooms; and limiting the duration of stays to no more
than fourteen days. Council asked whether the proposed short-term rental ordinance could be
revised to exclude bed and breakfasts; the City would have the legal authority to do so,
although it may lead short-term rental hosts to reclassify themselves as bed and breakfast
establishments by offering a cursory amount of prepared food, gifts for sale, or other
incidentals noted in the bed and breakfast definition. This tactic would only be effective in the
two BSD districts where bed and breakfasts are currently permitted. No consensus emerged on
this question in first reading; however, if Council is concerned about this ordinance's potential
impact on existing bed and breakfast operations lawfully operating in the BSD -Historic South
and BSD -Historic Core districts, it could adopt the following amendment:
To amend Section 122.03 in Exhibit A by adding division (E), to
state as follows:
(E) Bed and breakfast establishments lawfully operating within the
City, as defined by Section 153.002(B)(2)(a) and Section
153.059 of the Codified Ordinances, shall not be subject to the
requirements of this Chapter 122 provided that such
establishments were in operation prior to the effective date of
Ordinance No. 73-19, and have not ceased operation for more
than ninety (90) consecutive days.
This amendment would preserve the status quo with respect to bed and breakfast
establishments for businesses and neighbors within the BSD -Historic South and BSD -Historic
Core.
Background
Airbnb, HomeAway, and other sites provide online marketplaces for homeowners to
offer homes and spare rooms for rent to travelers. The emergence of the short-term rental
market has prompted discussion among local governments across the country about whether
and how to regulate short-term rental uses. Results of local regulatory efforts have frequently
failed to live up to expectations. They have also prompted litigation, for example, Airbnb
litigation against Anaheim, San Francisco, New York City, and Santa Monica in recent years.
The City Manager's Office, Development Department, and Legal compiled examples of
ordinances from Central Ohio and around the country and presented these findings to the
Community Development Committee. At its November 6 meeting, the Committee decided that
Dublin should adopt an ordinance regulating the regular use of short-term rentals in the City. It
also suggested a few revisions to the proposed legislation which are reflected in the version
attached to this memorandum.
The City of Columbus, the state's largest short-term rental market, adopted regulations
for short-term rentals after hearing from over 50 residents during two council meetings. The
ordinance requires 'short-term rental hosts" to obtain a permit prior to renting their dwelling to
guests, be the owner/primary resident of the home, maintain detailed records, and be willing to
submit to inspections of the property upon request by the City. Those requirements were
implemented in this draft ordinance.
Staff has been monitoring the availability of short-term rentals available through Airbnb,
Homeaway, and VRBO daily. For example, on the weekend of January 10-12, there were 8
rentals available (three in Corazon, two in Ballantrae, and three in Muirfield Village). As the
dates move later into 2020, both the numbers and the specific homes for rent generally stay
the same. The highest number available for an Airbnb weekend rental in late March 2020 is 12.
The only rentals on Homeaway and VRBO were the Frantz Road/Tuttle Crossing hotels.
Airbnb recently announced several changes it plans to implement in 2020. These include
a verification process so that renters know exactly who and what they are renting, a 24/7 rapid
response phone line with live operators to assist renters with issues, and a guarantee for guests
if their rental does not meet certain standards. These are all welcome developments for the City
as it reflects acknowledgment of issues within the industry.
Implementation Plans and Summary of Proposed Ordinance
This draft ordinance adds a new chapter to the business regulations section of the
Dublin Code to prohibit renting short-term rentals for more than 14 days in a calendar year. It
requires property owners wishing to rent their home or rooms in their home as a short-term
rental to register with the City and submit a form prior to each rental with pertinent
information. This regulation applies to short-term rental hosts using online hosting platforms
(e.g. Airbnb) and traditional advertising methods such as classified advertisement sections.
Finally, as an added benefit, this regulation will facilitate the collection of the bed tax from
short-term rental hosts by providing contact information for such hosts within the city.
The Planning Department is currently working on electronic submission forms that will
be provided online for both the initial and supplemental registration requirements. Planning and
Legal plan to work with the Department of Communication and Public Information to develop
an education/awareness program regarding the new requirements for residents.
Bullet points of the proposed ordinance are below and attached to this cover memo is
the comprehensive review of similar legislation in cities across Ohio and around the country.
• Prohibits a property owner from renting a home or room to transient guests for more
than 14 nights in a calendar year.
• Requires property owners to complete an application seeking registration with the
Planning Director if he or she wishes to rent a room or dwelling as a short-term rental
for any period of time.
• Lists permissible reasons that the Planning Director may deny such application.
• Requires the property owner to submit a supplemental form to the City prior to each
rental that identifies the party renting, length of rental, and number of people present in
during such rental.
• Provides the Planning Director the authority to inspect short-term rental units.
• Establishes that a violation of any provision of the Code section is an unclassified
misdemeanor punishable with a $250 fine for a first offense, and a third-degree
misdemeanor for any subsequent offenses.
• Does NOT affect long-term rental units in any way.
Recommendation
Staff recommends Council passage of the ordinance at the second reading/public
hearing on January 6, 2020.
0127206.0607929 4814-9956-4710v8
Office of the City Manager
DUiIl115200 Emerald Parkway *Dublin, OH 43017-1090
cit3,of Phone: 614-410-4400 o Fax: 614-410-4490 Memo
To.* Members of Dublin City Counc0
111
InIffi"'ated Jennifer D. Readier, Law Director
By: Thad Boggs, Assistant Law Director
Re.iv Ordinance 73-19 Adopting Chapter 122 Under Title IX of the City of
Dublin Codified Ordinances to Regulate Short -Term Rental Facilities
Airbnb recently announced several changes it plans to implement in 2020. These include
a verification process so that renters know exactly who and what they are renting,, a 24/7 rapid
response phone line with live operators to assist renters with issues, and a guarantee for guests
if their rental does not meet certain standards. These are all welcome developments for the City
as it reflects acknowledgment of issues within the industry.
Prohibits a property owner from renting a home or room to transient guests for mort,
than 14 nights in a calendar year.
Requires property owners to complete an application seeking registration with the
Planning Director if he or she wishes to rent a room or dwelling as a short-term rental
for any period of time.
10 Lists permissible reasons that the Planning Director may deny such application,-,
Requires the property owner to submit a supplemental form to the City prior to each
rental that identifies the party renting, length of rental, and number of people present in
during such rental.
ip Provides the Planning Director the authority to inspect short-term rental units.
Establishes that a violation of any provision of the Code section is an unclassified
misdemeanor punishable with a $250 fine for a first offense, and a third-degree
misdemeanor for any subsequent offenses.
0 Does NOT affect long-term rental units in any way.
Staff recommends Council passage of the ordinance at the second reading/public
hearing on January 6, 2020.
0127206.0607929 4914-99S6-47100
RECORD OF ORDINANCES
BARRETT BROTHERS - DAYTON, OHIO Form 6220S
73-19
Ordint►nce No. Passed ,
ADOPTING CHAPTER 122 UNDER TITLE XI OF THE CITY
OF DUBLIN CODIFIED ORDINANCES TO REGULATE
SHORT-TERM RENTAL FACILITIES.
WHEREAS, municipalities across the United States have implemented, or
are implementing, regulations and standards for short-term rental facilities
and the online hosting platform industry; and
WHEREAS, the State of Ohio and the City of Dublin currently have no
regulations on short-term rentals and online hosting platforms; and
WHEREAS, Council referred the question of regulating short-term rentals
within the City of Dublin to the Community Development Committee to
consider whether the City would be best served by implementing
restrictions on short-term rentals; and
WHEREAS, the Community Development Committee considered this
question at its November 6, 2019, meeting, and determined that short-
term rental units should be limited to no more than 14 nights per year to
preserve the health, safety, and welfare of the City; and
WHEREAS, the Community Development Committee recommends that
the City impose restrictions on the use of short-term rentals to maintain
the distinct character and family atmosphere of the City of Dublin.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Dublin, Delaware, Franklin, and Union Counties, State of Ohio, of
the elected members concurring:
Section 1. That Chapter 122 of Title XI of the Codified Ordinances of the
City of Dublin, Ohio, as set forth in the attached Exhibit A, is hereby
adopted.
Section 2. That Council hereby authorizes the City Manager, Law Director,
and Finance Director to seek a Memorandum of Understanding with online
hosting platforms that City permit numbers shall be prominently posted on
the hosting platform and any other agreement necessary to effectively
implement this Ordinance.
Section 3. That Council finds that all deliberations and actions of the public
body relating to this Ordinance were taken in an open meeting in
compliance with Section 121.22 of the Ohio Revised Code.
Section 4. This Ordinance shall take effect in accordance with Section
4.04(b) of the Dublin Revised Charter.
Passed this day of 12020.
Mayor — Presiding Officer
ATTEST:
Clerk of Council
To: Members of Dublin Community Development Committee
From,: Dana L. McDaniel, City Manager
Date: November 1. 2019
In'It'lated Jennifer D. Readler, Law Director
By: Thad Boggs, Assistant Law Directol
Re.* Potential Legislation Limiting Short -Term Rentals (Adopting Chapter 122
Under Title IX of the City of Dublin Codified Ordinances to Regulate
Short -Term Rental Facilities)
Prohibits a property owner from renting a home or room to transient guests for more
than 14 nights in a calendar year.
Requires property owners to complete an application seeking registration with the
Planning Director if he or she wishes to rent a room or dwelling as a short-term rental
for any period of time.
* Lists permissible reasons that the Planning Director may deny such application.
0 Provides the Planning Director the authority to inspect short-term rental units.
Establishes that a violation of any provision of the Code section is an unclassified
misdemeanor punishable with a $250 fine for a first offense, and a third-degree
misdemeanor for any subsequent offenses.
0127206.060791.219 4814-9956-4710v'31
Passed this day of 12019.
F"Mul
i
(A) In the event any section or provision of this chapter shall be declared by a court of
competent jurisdiction to be invalid or unconstitutional,, such decision shall not affect the validity
of this chapter as a whole or any part thereof other than the part so declared to be invalid or
unconstitution;4
WORORMEW-TERM RENTAL PENALTY
0 127206,06079-29 4836-086.'2-78770
a
Office of the City Manager
1100 Emerald Parkway * Dublin., OH 43017-1090
M
ityof Dublin Phone: Cit 614.410.4 400 # Fax: 614.410.4490 own94" 0%
own I I E%j
To,: Members of the Dublin City Council
From,* Dana L. McDanielCity Manager
Date: October 10, 2019
Ini'U'ated By: Jennifer Readler, Law Director
Thad Boggs, Assistant Law Director
Jennifer Rauch, AICP, Interim Planning Director
Greg ]ones, Code Enforcement Supervisor
Re,: Potential Short -Term Rental Regulation and Restrictions
.... ..... .
4. Restrict the total amount of nights per year that a property can be used as a short -ter
rental. Council has the authority to impose any limitation. This would permit homes t
be rented for a certain number of days per year, but no more. A common suggestio
was for a 14 day limit that would permit the use of short-term rentals for flagship even
like the Memorial Tournament or the Dublin Irish Festival. I
5. Adopt zoning regulations applicable to short-term rentals. such as making short-term
rentals a conditional use in all residential districts or making them a permitted use in
some districts but conditional uses in other districts.
6. Maintain the status quo. Several concerns associated with short-term rentals are nol
unique to the use and can be addressed by existing resources. Additionally, the City has
a small number of advertised rentals at this time.
1171,
ILL',
Staffs discussion considered the regulatory interests that the City would have at stake
with relation to short-term rentals. Staff identified three areas of local regulation primarily
impacted by short-term rentals—land-use, health and safety, and bed taxes.
N
In Ohio, every hotel is licensed by the State. Here, the State Fire Marshal inspects hotels
for fire safety as well as general sanitation. These regulations and inspections are intended to
w.ssure that even the worst hotel is not a threat to its guests" health or safety.
I Elizabeth Weise, "Airbnb rentals in San Francisco may dive with new host rules,," USA Today, May 1,
2017 (Accessed September 19,, 2017). -
9
The City's current code for the bed tax, starting with Section 35.30 of the Codified
ordinances, is general enough to include short-term rentals via sites such as Airbnb or
HomeAway. These hosts should be collecting and remitting bed tax to the City, and so
additional action by Council is unnecessary.
,Stategf
Below are the results of research regarding how other Central Ohio communities are
t3s
addressing the short-term rental marke .
The City of Grove City currently does not have any specific zoning code
requirements, or other requirements for short-term rentals. According to the city
planner., the City has contemplated adding some requirements but has not yet
come to any consensus on how to execute them.
_j Lrl fth (Accessed September 19', 2017).
' "New Albany planning staff were researching this issue as well and shared their research with Dublin.
1
42
The City of Powell currently does not have any specific zoning cod
requirements, or other proposed requirements for short-term rentals. Th
Assistant Director of Development indicated that this may change in the future i
the City starts to see more short-term rentals or residents become concerned.
The City of Westerville has been working toward a draft of a short-term rental
ordinance.
The Code Enforcement Supervisor shared the following process and research:
fs In 2018, the City received various complaints on one specific short-term
rental. The City conducted evening and weekend inspections, which did not
reveal any code violations.
is On January 15, 2019, Council advised staff to begin research on short-term
rentals.
R
= The code enforcement team shared these findings with Council on May 17,
* Other requirements are explained below
* Atlanta, GA
The City of Atlanta assesses occupancy taxes and annual taxes for business
operations.
* Cambridge, MA
On April 1, 2018, an ordinance went into effect relating to short-term rentals.
Short-term rentals must be registered with the City's Inspectional Services
Department. According to the ordinance, possible rentals must be inspected bxA
RI
a city inspector to ensure facilities meet the standards found in the buildint�fi
code, life -safety regulations, and health/hygiene standards.
Additionally, the ordinance requires that the operator must live in or adjacent t#
the unit receiving the short-term rental registration.
Must have a business license and pay a business license tax as well as the state
sales tax on gross receipts from rentals.
A fire inspection is required as part of the approval process,, in addition to the
application being approved by the City's Planning Department.
o Chicago requires short-term rentals to register through a platform such as
Airbnb. Additionally, Chicago requires a special license granted by the city to
allow an owner to have more than one rental. A 4.5% hotel accommodation tax
for the listing price (including cleaning fees) and a 4% shared housing
surcharge are imposed. The State of Illinois also has hotel taxes.
o The ordinance requires:
Listing requirements.,, The Chicago ordinance requires hosts to include
certain information within their listing. This includes the unit's registration
A
or license number, cancellation and check-in/check-out policies, anu
whether the property is ADA accessible.
Operating requirement5: The ordinance also requires hosts to meet
certain operating requirements, such as maintaining specific types of
insurance,. installing smoke and carbon monoxide detectors, and
providing soap and clean linens.
o Anyone who violates the ordinance and specific listing/operating requirements is
required to pay fines and could lose their registration.
* New Orleans, LA
o New Orleans recently passed legislation, which takes effect December 1, that
restrict short-term rentals. The first ordinance bans all short-term rentals in the
French Quarter (except on Bourbon Street) and the Garden District. It prohibits
full house rentals unless the owner resides on the property and it caps the
number of rentals allowed in commercial and mixed-use buildings.
o The second ordinance establishes a structure for permits and fees, operating
regulations and enforcement penalties.
* San Francisco, CA
b The City of San Francisco requires a business registration as well as a short-
term residential rental certificate. The certificate comes from a department
known as the Office of Short -Term Rentals.
o The City also has additional hosting eligibility requirements such as: the rental
must be the primary residency,, the owner must have liability insurance, and the
VA
r -I
t5uilding Departme r -A
standards.
0127206,0607929 4825-4965-000000
must inspect for compliance with building/housing