===== PDF PAGE 8 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO DEVELOPMENT COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: AGENDAITEMNUMBER: — ‘¢-A. Text Amendment, App. A. Art. VI, Sec. 6.28 (Short Term Home Rentals) FILE NUMBER: COMMITTEE AGENDA DATE: Aug. 9, 2021 Ordinance No. 21-O-0019 COUNCIL AGENDA DA STAFF REVIEW: Tom Dabareiner, AICP SIGNATURE APPROVED BY CITY ADMINISTRATOR: Michael Guttman SIGNATURE ITEM SUMMARY: City Council members voted in favor of a Zoning Ordinance Text Amendment (Ord. No. 21-O-0002) on March 15, 2021, to allow Short Term Home Rentals, sometime commonly referred to as Airbnb or VRBO rentals. Following its passage, several Short Term Home Rental owners raised concerns about elements of the regulations that in some cases conflicted with the Airbnb/VRBO rules. Staff met with five of the owners to better understand Airbnb/VRBO requirements and explain the goals of the City’s ordinance. The meeting was extremely productive and Staff drafted amendments to the original ordinance. In a follow-up meeting there was strong consensus that the amendments would work for both the owners and the City. The amendments include: e Removing the inspection requirement while assuring that the Airbnb/VRBO requirements of installation of carbon monoxide and smoke detectors are met. Appliances shall be installed per manufacturer requirements and HVAC units shall be inspected at least annually by a trained professional. e Allow one-night stays in locations where the owner is on the premises throughout the stay. Also, reducing the minimum number of nights to two-night stays when the owner is not on the premises. Stays longer than 30 days require participation in the City’s Rental Registration Program (a couple of owners are already Rental Program Registrants). e Requiring the owner to obtain the name and phone number of the primary guest only, which is information they are allowed to gather as part of the Airbnb/VRBO program. e Emergency plans shall be accessible to the guests. At their August 3 meeting, members of the Plan Commission voted unanimously (4-0, with two absent and one recusal) in support of the Text Amendment. ACTION PROPOSED: Discuss and recommend approval of the Zoning Ordinance Text Amendment to Sec. 6.28. COMMITTEE RECOMMENDATION: Pe: Red-lined version of the text amendment Draft Ordinance & PC Report ===== PDF PAGE 9 ===== [Extraction: OCR (rendered-page OCR)] Proposed Text Amendments to Appendix A (Zoning Code) of the Code of Ordinances of the City of West Chicago Short-Term Home Rentals Underline = New Text; Strikethrough = Deleted Text Section 6.28 (Short-Term Home Rentals), Article VI (Zoning Districts Generally), Appendix A, of the Code of Ordinances of the City of West Chicago shall be amended as follows: 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 Platform 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. It shall be the responsibility of the Short-Term Home Rental Owner to ensure the following items are complied with: a. A smoke detector shall be installed on every level of the home and outside each sleeping area and shall be tested once a month. Batteries in said smoke detector shall be replaced at least once a year, if the model requires it. I> A carbon monoxide detector shall be installed in the hallway of the home near the sleeping areas. Ie All appliances in the Short-Term Home Rental have been installed according to the manufacturer’s instructions and building codes. |= Heating systems, including chimneys and vents, shall be inspected and serviced annually by a trained professional annually to check for blockages, corrosion, partial and complete disconnections. ===== PDF PAGE 10 ===== [Extraction: OCR (rendered-page OCR)] e. Establish an emergency plan for the Short-Term Home Rental that is accessible to all guests. Such plan should include two egress routes in every room as well as the contact information for the City emergency services. The plan should also include a meeting spot at a safe distance from the Short-Term Home Rental for Guests to meet in the event of an emergency evacuation. (E) The minimum rental period for a Short-Term Home Rental shall be no less than three 3) two (2) consecutive nights when the Short-Term Home Rental Contract specifies that the entire dwelling may be rented. Prima facie evidence that a rental satisfies the three-two night minimum requirement shall be the per-night rental amount listed on the Short-Term Rental Hosting Platform, multiplied by two (2) three-3). Short-Term Home Rentals shall not be discounted to avoid the two three- night minimum requirement. There shall be no minimum rental period for a Short-Term Home Rental when the Short-Term Home Rental Contract includes the rental of one (1) bedroom in the dwelling and the Short-Term Home Rental Owner is on the premises during the rental period. No Short Term Home Rental may be used by a Short-Term Home Rental Guest for and ne more than thirty (30) consecutive days. Rentals longer than thirty (30) days shall require the submission of an application for a Residential Rental Property license. A Short- Term Home Rental shall not be used by the same Short-Term Home Rental Guest consecutively. (F) Prior to advertising the Short-Term Home Rental on a Short-Term Home Rental Hosting Platform, the Short-Term Home Rental Owner 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 require the identity of the Short-Term Home Rental Owner including permanent address, 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) GD 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. (H) @ A copy of the Short-Term Home Rental License shall be posted in a conspicuous location in the Short-Term Home Rental. 2 ===== PDF PAGE 11 ===== [Extraction: OCR (rendered-page OCR)] (2) & 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. (J) && Short-Term Home Rentals shall 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. (K) 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. (L) @) Utilizing a Short-Term Home Rental solely for the purpose of hosting a party is prohibited. (M) @9 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 name and phone number of 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 information, 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 I.D. (N) €9} 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 complaint of criminal activity occurring at the Short-Term Home Rental property during the term the of Short-Term Home Rental Contract. (0) @) 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 overnight. ===== PDF PAGE 12 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCE NO. 21-0-0019 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WEST CHICAGO - APPENDIX A ARTICLE VI OF THE ZONING CODE RELATING TO SHORT-TERM HOME RENTALS WHEREAS, on March 15, 2021, the City Council approved Ordinance 21-O-0002, a Zoning Text Amendment to permit and regulate the use of Short-Term Home Rentals; and WHEREAS, following the adoption of this ordinance, the City Council received feed- back from existing Short-Term Home Rental owners regarding the new regulations; and WHEREAS, the City Council directed staff to draft an amendment to the Short-Term Home Rental regulations based upon input from the Short-Term Home Rental owners; and WHEREAS, the proposed amendment still meets the intent of the original Short-Term Home Rental regulations; and WHEREAS, provisions related to public safety remain in place; and WHEREAS, the City Council believes it is in the best interest of the City to amend the regulations of Short-Term Home Rentals; and WHEREAS, Notice of Public Hearing on said text amendment was published in the Dai- ly Herald on or about July 19, 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 August 3, 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-0009, 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 6.28 (Short-Term Home Rentals), Article VI (Zoning Districts Generally), Appendix A, of the Code of Ordinances of the City of West Chicago shall be amend- ed as follows: Ordinance 21-O-0019 Page 1 of 6 ===== PDF PAGE 13 ===== [Extraction: OCR (rendered-page OCR)] (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 Platform 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. It shall be the responsibility of the Short-Term Home Rental Owner to ensure the following items are complied with: a. Asmoke detector shall be installed on every level of the home and outside each sleeping area and shall be tested once a month. Batteries in said smoke detector shall be replaced at least once a year, if the model requires it. b. A carbon monoxide detector shall be installed in the hallway of the home near the sleeping areas. c. All appliances in the Short-Term Home Rental have been installed according to the manufacturer’s instructions and building codes. d. Heating systems, including chimneys and vents, shall be inspected and ser- viced annually by a trained professional annually to check for blockages, corrosion, partial and complete disconnections. e. Establish an emergency plan for the Short-Term Home Rental that is acces- sible to all guests. Such plan should include two egress routes in every room as well as the contact information for the City emergency services. The plan should also include a meeting spot at a safe distance from the Short-Term Home Rental for Guests to meet in the event of an emergency evacuation. (E) The minimum rental period for a Short-Term Home Rental shall be no less than three 3).two (2) consecutive nights when the Short-Term Home Rental Contract speci- fies that the entire dwelling may be rented. Prima facie evidence that a rental satis- fies the three-two night minimum requirement shall be the per-night rental amount Ordinance 21-O-0019 Page 2 of 6 ===== PDF PAGE 14 ===== [Extraction: OCR (rendered-page OCR)] listed on the Short-Term Rental Hosting Platform, multiplied by two (2) three-G). Short-Term Home Rentals shall not be discounted to avoid the two three-night min- imum requirement. There shall be no minimum rental period for a Short-Term Home Rental when the Short-Term Home Rental Contract includes the rental of one (1) bedroom in the dwelling and the Short-Term Home Rental Owner is on the premises during the rental period. No Short Term Home Rental may be used by a Short-Term Home Rental Guest for and ne more than thirty (30) consecutive days. Rentals longer than thirty (30) days shall require the submission of an ap- plication for a Residential Rental Property license. A Short-Term Home Rental shall not be used by the same Short-Term Home Rental Guest consecutively. (F) Prior to advertising the Short-Term Home Rental on a Short-Term Home Rental Hosting Platform, the Short-Term Home Rental Owner 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 Owner 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) @DThe 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. (H) & A copy of the Short-Term Home Rental License shall be posted in a conspicuous location in the Short-Term Home Rental. (1) ®& 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. (J) & Short-Term Home Rentals shall 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 Ordinance 21-O-0019 Page 3 of 6 ===== PDF PAGE 15 ===== [Extraction: OCR (rendered-page OCR)] as a townhome, or in a two-family dwelling unit. Short-Term Home Rentals are pro- hibited in condominium units and apartment units. (K) 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 over- night 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. (L) @4 Utilizing a Short-Term Home Rental solely for the purpose of hosting a party is prohibited. (M) @9 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 name and phone number of 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 information, 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’ li- censes, exclusive of the drivers’ license numbers, which may be redacted, or other state issued I.D. (N) (Q} 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 oth- er complaint of criminal activity occurring at the Short-Term Home Rental property during the term the of Short-Term Home Rental Contract. (Q) @) 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 overnight. Section 2. 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. Section 3. That this Ordinance shall be in full force and effect after its passage, approval and publication in pamphlet form as provided by law. Ordinance 21-O-0019 Page 4 of 6 ===== PDF PAGE 16 ===== [Extraction: OCR (rendered-page OCR)] PASSED this day of , 2021. Alderman Beifuss Alderman Chassee Alderman Sheehan Alderman Brown Alderman Hallett Alderman Dettman 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-O-0019 Page 5 of 6 ===== PDF PAGE 17 ===== [Extraction: OCR (rendered-page OCR)] EXHIBIT “A” RECOMMENDATION # 21-RC-0009 TO: The Honorable Mayor and City Council SUBJECT: PC 21-08 Zoning Text Amendment for the regulations of Short-Term Home Rentals. DATE: August 3, 2021 DECISION: The motion to approve the amendment was approved by a vote of four (4) “yes” and zero (0) “no”. RECOMMENDATION: After a review of the proposed text amendment as presented, members of the Plan Commis- sion/Zoning Board of Appeals find 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 VOTE: For Against Abstain Absent Laimins Billingsley Henkin Hale Banasiak Devitt Kasprak Ordinance 21-O-0019 Page 6 of 6