Ord 2017-037/consider revisions to Subpart B of the City’s Code of Ordinances (Land Development Code) amending Chapter 4 (Zoning Regulations) in order to regulate short-term rentals

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ORDINANCE NO. 2017-37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS,TEXAS AMENDING THE RENTAL NUISANCE ABATEMENT CODE STANDARDS CONTAINED IN CHAPTER 34,ARTICLE 7 OF THE CITY'S CODE OF ORDINANCES TO ESTABLISH REGULATIONS AND REGISTRATION REQUIREMENTS FOR HOME SHARE RENTALS OF PROPERTY FOR PERIODS OF LESS THAN 30 DAYS,TOGETHER WITH CORRESPONDING AMENDMENTS TO CHAPTER 4 OF THE LAND DEVELOPMENT CODE, SUBPART B OF THE CITY'S CODE OF ORDINANCES TO ESTABLISH HOME SHARE RENTALS AS A NEW LAND USE, SUBJECT TO THE REQUIREMENTS OF CHAPTER 34; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR THE REPEAL OF ANY CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. RECITALS: 1. The advent of residential rentals for periods of less than 30 days has resulted from the rapidly growing sharing economy and has recently been accepted by cities as a way to enhance tourism and economic development when regulations are in place to protect the well-being and property of the local residents as well as the safety of the visitors. 2. A subcommittee of the City Council, working with City staff has proposed regulations for such rentals of residential property in the city. 3. The Planning and Zoning Commission considered aspects of the proposal relating to the City's Land Development Code and recommended amendments to the Land Development Code to establish a new land use allowing for and regulating such residential. 4. The City Council hereby finds and determines that allowing and regulating certain residential rentals for periods of less than 30 days is in the interest of the public health, welfare and safety. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, TEXAS: SECTION 1. The City Council finds the Recitals to be true and correct and the Recitals Recitals are adopted and incorporated herein. SECTION 2. The City's Code of Ordinances is hereby amended as set forth below. Additions are indicated by underlining. Deletions are indicated by strikethroughs. SECTION 3. Chapter 34, Article 7 is hereby amended to read as follows: