TO: Mayor and Town Council
FROM: Jill B. Keimach, Town Manager
Andrew Miller, Town Attorney
DATE: January 9, 2020
CONTACT:
Staff Contact Andrew Miller, Town Attorney, 480-348-3691
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AGENDA TITLE:
Title
Adoption of Ordinance No. 2019-12, Amending Chapter 10, Offenses, by adding Article 10-14, adding a registration requirement by the property owner(s) of short-term rental properties and other related regulations.
Body
RECOMMENDATION:
Recommendation
Adopt Ordinance Number 2019-12.
Background
BACKGROUND:
On May 21, 2019, Governor Ducey signed HB 2672 (the "Bill"); which made some changes to the prior preemption of cities and towns in the regulation of residential vacation rentals or short-term rentals (STR). A draft ordinance has been prepared that would add a section to the Town Code, Article 10-14, specifically adopting new regulatory measures made available to the Town as a result of removing certain preemptions formerly enacted by the State.
The Bill clarifies that cities and towns can prohibit a STR operator (owner) from using a STR for non-residential purposes including retail, restaurant, banquet space or other similar use. Although the Town has had such rules in force with relation to all single-family properties (Zoning Ordinance ?1603 makes it illegal to use a single-family zoned property "as a commercial venue for weddings; luncheons, dinners, auctions, sales or similar events") and has applied such existing regulations to short term rentals previously, the Bill reinforces the Town's enforcement authority in these areas. Thus, proposed Section 10-14-4 incorporates a restriction on non-residential use and incorporates by reference a list of some of the non-residential uses listed in the Bill, which would include restrictions on special events that would require a permit from the Town or retail, restaurant, banquet or similar use.
The Bill also allows cities and towns to require the owner of an STR to provide contact i...
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