===== PDF PAGE 22 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO DEVELOPMENT COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDA ITEM NUMBER: S.A. Text Amendment, Various Sections Short-Term Home Rentals FILE NUMBER: COMMITTEE AGENDA DATE: Mar. 8, 2021 Ordinance No. 21-O0-0002 COUNCIL AGENDA DATE: STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE ITEM SUMMARY: The City currently has no codes to regulate the use of a home as a short-term vacation rental, commonly known as an Airbnb or a VRBO rental. While there are very few of these in West Chicago at the moment, they are increasing in prevalence throughout the suburbs. After one suburb recently experienced a shooting during a party held at a short-term home rental, many suburbs are now passing ordinances to help reduce the risks and other concerns associated with these types of rentals. There have been other incidents in other communities, as well. Rather than prohibiting outright all short-term home rentals, Staff modelled the attached ordinance after those being adopted in other suburbs. The key points in the proposed ordinance follow: Staff recommends that short-term home rentals be allowed in residential zoning districts only and Permitted in single-family dwellings in which the owner resides at least 183 days every year. Staff recommends that short-term home rentals be allowed in residential districts by Special Use in individually-owned duplexes and townhouses. This would require a public hearing to learn of any concerns nearby members of the public may have. Staff does not believe short-term rentals should be permitted in condos and apartments due to the adjacency and possible multi-tenant impacts of vibrations and noise transmitted via the walls, floors and ceilings. Also, these building types often have shared entrances, corridors, driveways and garages, which could be impacted by large groups of visitors. To discourage their use for one-night parties, a minimum three-night rental is included in the draft ordinance. A maximum 30 days is also set as a limit to help prevent these structures from turning into permanent rentals. Consecutive use by a renter is also prohibited. Annual registration with contact information and inspections, and access to renter information on demand would also be required. Rental for the sole purpose of conducting parties would be prohibited. No off-site parking would be allowed. At its March 2, 2021 meeting, the Plan Commission/Zoning Board of Appeals (PC/ZBA) conducted a public hearing to consider the proposed text amendment. Members voted four (4) “yes” and three (3) “no” in favor of recommending the Text Amendment. ===== PDF PAGE 23 ===== [Extraction: OCR (rendered-page OCR)] ACTION PROPOSED: Consideration of the proposed Ordinance regulating the use of Short-Term Home Rentals. COMMITTEE RECOMMENDATION: Attachments: Draft Ordinance & PC Report ===== PDF PAGE 24 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCE NO. 21-0-0002 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST CHICAGO — APPENDIX A ARTICLES IV, VI, AND IX OF THE ZONING CODE RELATING TO SHORT-TERM HOME RENTALS WHEREAS, the City does not currently have any codes to regulate the use of a single- family home as a Short-Term Home Rental; and WHEREAS, this type of rental has become prevalent throughout the region; and WHEREAS, Short-Term Home rentals provide an economic benefit to the community and should be permitted in residential districts; and WHEREAS, when left unregulated, however, Short-Term Home Rentals pose a risk to the health, safety, morals, and well-being of the community; and WHEREAS, the City Council believes it is in the best interest of the City to add, define and regulate the use of Short-Term Home Rentals to the Zoning Code; and WHEREAS, Notice of Public Hearing on said text amendment was published in the Dai- ly Herald on or about November 16, 2020 and January 18, 2021, as required by the ordinances of the City of West Chicago and the statutes of the State of Illinois; and WHEREAS, a Public Hearing was conducted by the Plan Commission/Zoning Board of Appeals of the City of West Chicago on December 1, 2020, February 2, 2021, and March 2, 2021 pursuant to said Notice; and WHEREAS, at the Public Hearing all interested parties had an opportunity to be heard; and WHEREAS, the corporate authorities of the City of West Chicago have received the recommendation of the Plan Commission/Zoning Board of Appeals which contains specific findings of fact, pursuant to Recommendation No. 21-RC-0005, a copy of which is attached hereto as Exhibit “A” which is, by this reference, made a part hereof. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Chi- cago, Du Page County, Illinois, in regular session assembled, as follows: Section 1. That Section 4.1 — Construction of Terms, of Article IV, Appendix A, of the Code of Ordinances of the City of West Chicago, be amended to add the following defined terms: Short-Term Home Rental: An owner-occupied residential dwelling that is contracted for overnight stay by a Short-Term Home Rental Owner to a Short-Term Home Rental Guest, subject to the requirements set forth in Article VI, “Zoning Districts Generally”. of the West Chicago Zoning Code. Ordinance 21-O-0002 Page 1 of 6 ===== PDF PAGE 25 ===== [Extraction: OCR (rendered-page OCR)] Short-Term Home Rental Contract: A written agreement between a Short-Term Home Rental Owner and a Short-Term Home Rental Guest, facilitated through a Short-Term Home Rental Hosting Platform, that contains the terms and conditions for overnight stays by the Short-Term Home Rental Guest in the Short-Term Home Rental. Short-Term Home Rental Guest: A person who rents or occupies a Short-Term Home Rental for overnight stay through a Short-Term Home Rental Contract with a Short-Term Home Rental Owner. The singular shall include the plural. Short-Term Home Rental Hosting Platform: _A marketplace entity, in whatever form or format, which facilitates Short-Term Home Rentals through advertising, matchmaking or other means, using any medium or facilitation, or from which the operator of the housing platform derives revenue, including booking fees or advertising revenues for providing or maintaining the marketplace information. Short-Term Home Rental License: An approval from the City of West Chicago authoriz- ing an owner-occupied residential dwelling to be used as a Short-Term Home Rental. Short-Term Home Rental Owner: A person or legal entity holding the deed of a residen- tial dwelling unit, serving as their primary residence, and used as a Short-Term Home Rental in accordance with the requirements set forth in Article VI, “Zoning Districts Generally”, of the West Chicago Zoning Code. The singular shall include the plural. Section 2. That Article VI, Appendix A, of the Code of Ordinances of the City of West Chicago be amended to add the following section: Section 6.28. - Short-Term Home Rentals. (A) A Short-Term Home Rental shall be the owner-occupied dwelling where the Short-Term Home Rental Owner has the deed to the property and where the Short-Term Home Rental Owner resides at least 183 days every calendar year. (B) A Short-Term Home Rental Owner may not have more than one (1) Short-Term Home Rental within the corporate limits of the City of West Chicago. (C) A Short-Term Home Rental Owner shall use a Short-Term Home Rental Hosting Plat- form _to market and make the Short-Term Home Rental with the Short-Term Home Rental Guest. (D) All Short-Term Home Rentals shall comply with the applicable life safety codes of the City of West Chicago. It will be the obligation of the Short-Term Home Rental Owner to determine whether the property complies with the City’s life safety codes prior to advertising the Short- Term Home Rental’s availability on a Short-Term Home Rental Hosting Platform. (E) The minimum rental period for a Short-Term Home Rental shall be no less than three (3) consecutive days and no more than thirty (30) consecutive days. A Short-Term Home Rental shall not be used by the same Short-Term Home Rental Guest consecu- Ordinance 21-O-0002 Page 2 of 6 ===== PDF PAGE 26 ===== [Extraction: OCR (rendered-page OCR)] tively, Prima facie evidence that a rental satisfies the three-day minimum require- ment shall be the per-day_rental amount listed on the Short-Term Rental Hosting Platform, multiplied by three (3). Short-Term Home Rentals shall not be discounted to avoid the three-day minimum requirement. (F) Prior to advertising the Short-Term Home Rental on a Short-Term Home Rental Hosting Platform, the Short-Term Home Rental Qwner shall obtain a Short-Term Home Rental License from the City of West Chicago. A Short-Term Home Rental Owner shall submit an application for a Short-Term Home Rental License on a form prepared by and available from the Zoning Administrator. The application shall re- quire the identity of the Short-Term Home Rental Qwner including permanent ad- dress, telephone number, a secondary emergency contact person's name, address and telephone number, and the identity of and contact information for the Short-Term Home Rental Hosting Platform to be utilized. (G) Prior to the issuance of a Short-Term Home Rental License, the Short-Term Home Rental shall be inspected by the City of West Chicago and found to be in compliance with the City’s life safety codes. (H) The Short-Term Home Rental License shall remain effective for a period of twelve (12) months and be subject to twelve (12) month renewals thereafter. Short-Term Home Rental Licenses shall not run with the land and are not transferrable. (1) Acopy of the Short-Term Home Rental License shall be posted in a conspicuous loca- tion in the Short-Term Home Rental. (J) Each initial Short-Term Home Rental License and renewal thereof shall be subject to the applicable fees specified in the Fee Schedule contained in Appendix G of the West Chicago Municipal Code. (K) Short-Term Home Rentals shail be permitted in all Residential Zoning Districts when located in a single-family detached dwelling. Short-Term Home Rentals shall require a Special Use Permit when located in a single-family attached dwelling, such as a townhome, or in a two-family dwelling unit. Short-Term Home Rentals are prohibited in condominium units and apartment units. (L) Each Short-Term Home Rental shall contain bedrooms, as defined by Section 7-26 of Chapter VII of the West Chicago Code of Ordinances, to accommodate the overnight stay of each Short-Term Home Rental Guest. Short-Term Home Rentals shall allow a maximum occupancy of two (2) persons per bedroom , but in no event shall there be more than ten (10) persons at any one time within the Short-Term Home Rental dwelling. Ordinance 21-O-0002 Page 3 of 6 ===== PDF PAGE 27 ===== [Extraction: OCR (rendered-page OCR)] (M) Utilizing a Short-Term Home Rental solely for the purpose of hosting a party is pro- hibited. (N) All Short-Term Home Rentals shall be subject to a Short-Term Home Rental Contract identifying the names, addresses, and telephone numbers of the Short-Term Home Rental Owner, the Short-Term Home Rental Guests, and the Short-Term Home Rental Hosting Platform. The Short-Term Home Rental Owner or the Short-Term Home Rental Hosting Platform shall be responsible for determining the identification in- formation, and the accuracy of that information, of the Short-Term Home Rental Guests. The Short-Term Home Rental Contract shall require that the Short-Term Home Rental Guests include a copy of their drivers’ licenses, exclusive of the drivers’ license numbers, which may be redacted, or other state issued LD. (O) The Short-Term Home Rental Owner shall provide a copy of the Short-Term Home Rental Contract to the City of West Chicago if requested by a representative of the West Chicago Police Department, based upon a disturbance complaint or other com- plaint of criminal activity occurring at the Short-Term Home Rental property during the term the of Short-Term Home Rental Contract. (P) The Short-Term Home Rental Contract shall require that all parking for the Short- Term Home Rental be contained on a paved surfaced, entirely on the property of the Short-Term Home Rental. No off-site nor on-street parking shall be permitted over- night. Section 3. That Sections 9.1(C), 9.1-1(C), 9.2-3, 9.3-3, 9.4-3, 9.5-3, 9.6-3, and 9.7-3, of Article IX, Appendix A, of the Code of Ordinances of the City of West Chicago be amended to add the following use category to the list of permitted uses in the aforesaid sections: Short-Term Home Rentals, when located in a Single-Family Detached Unit, subject to the requirements in Section 6.28 of this Code. Section 4. That Section 9.7-4 — Special Uses, of Article IX, Appendix A, of the Code of Ordinances of the City of West Chicago be amended to add the following use category to the list of Special Uses: Short-Term Home Rentals, when located in a Single-Family Attached Unit, such as a townhome, or in a Two-Family Dwelling Unit, subject to the_requirements in Section 6.28 of this Code. Section 5. That all ordinances and resolutions, or parts thereof, in conflict with the pro- visions of this Ordinance are, to the extent of such conflict, expressly repealed. Ordinance 21-O-0002 Page 4 of 6 ===== PDF PAGE 28 ===== [Extraction: OCR (rendered-page OCR)] Section 6. That this Ordinance shall be in full force and effect after its passage, approval and publication in pamphlet form as provided by law. PASSED this day of , 2021. Alderman Beifuss Alderman Chassee Alderman Sheehan Alderman Brown Alderman Hallett Alderman Birch-Ferguson Alderman Dimas Alderman Swiatek Alderman Garling Alderman Stout Alderman Short Alderman Jakabcsin Alderman Morano APPROVED as to form: City Attorney APPROVED THIS day of , 2021. Mayor Ruben Pineda ATTEST: City Clerk Nancy M. Smith PUBLISHED: Ordinance 21-O0-0002 Page 5 of 6 ===== PDF PAGE 29 ===== [Extraction: OCR (rendered-page OCR)] TO: SUBJECT: PC 20-17 DATE: March 2, 2021 DECISION: and three (3) “no”. RECOMMENDATION: EXHIBIT “A” RECOMMENDATION # 21-RC-0005 The Honorable Mayor and City Council Zoning Text Amendment for the regulations of Short-Term Home Rentals. The motion to approve the amendment was approved by a vote of four (4) “yes” After a review of the proposed text amendment as presented, the Plan Commission/Zoning Board of Appeals finds that the proposed amendment does not pose a threat to the health, safety and welfare of the community. It is the Commission’s opinion that the proposed amendment will be beneficial to the City of West Chicago. The amendment is in keeping with the purpose of the Zoning Code. The Plan Commission is of the opinion that this proposed amendment will protect, promote, and improve the public health, safety, morals, convenience, order, appearance, prosperity and the general welfare of the citizens of West Chicago community. Respectfully submitted, Barbara Laimins Chairperson For Hale Devitt Kasprak Dettman Against Laimins Henkin Banasiak Ordinance 21-O0-0002 Page 6 of 6 VOTE: Abstain Absent