Title
Short Term Rental Licenses - Extension of Moratorium - For the purpose of extending the moratorium on the issuance of new non-owner-occupied short term rental licenses in certain conservation residence districts; extending the moratorium on the transfer of existing non-owner-occupied short term rental licenses in certain conservation residence districts; and providing for the termination of the moratorium, subject to a certain contingency.
Body
CITY COUNCIL OF THE
City of Annapolis
Resolution 15-21
Introduced by: Alderwoman Tierney
Co-sponsored by: Alderman Savidge
A RESOLUTION concerning
Short Term Rental Licenses - Extension of Moratorium
FOR the purpose extending the moratorium on the issuance of new non-owner-occupied short term rental licenses in certain conservation residence districts; extending the moratorium on the transfer of existing non-owner-occupied short term rental licenses in certain conservation residence districts; and providing for the termination of the moratorium, subject to a certain contingency.
WHEREAS, on January 13, 2020, the City of Annapolis adopted O-26-19 requiring the licensing of short term rentals to create the legal framework for a comprehensive system of regulating short term rentals within the City in the interest of public health, safety, and welfare; and
WHEREAS, to effectuate the intent of O-26-19, the City awarded a contract to a compliance service to determine the current short term rental license inventory in Annapolis and to identify how many licensees are operating with or without a City-issued rental license; and
WHEREAS, currently the majority of pending applications for short term rental licenses are concentrated in the C1 and C1-A Conservation Residence districts; and
WHEREAS, Section 21.40.130 of the Annapolis City Code states that “the C1 Conservation Residence district is designed to encourage the conservation of the educational, cultural and historic character of the old City”; and
WHEREAS, Section 21.40.140 of the Annapolis City Code states that “the C1-A Special Conservation Residence district is designed to preserve neighborhoods that have been identified as "at risk" in the Annapolis Comprehensive Plan as amended through and including amendments to the "Ward One Sector Study." At risk neighborhoods are identified as being significantly impacted by at least two of the following characteristics:
1. A growing number of nonconforming uses,
2. Unmaintained buildings or lots,
3. Traffic volumes inconsistent with strictly residential land uses due to through commercial traffic, and
4. Other adverse impact from nearby commercial uses.
Lands zoned C1-A are the focus of the intensive public efforts, including periodic monitoring of land uses, to minimize conversions from single-family to multi-family or office use, to stabilize and enhance the residential quality of life, and to encourage single-family development and conversion to single-family use”; and
WHEREAS, on January 11, 2021, the City Council adopted R-61-20 which placed a moratorium on the issuance of any new non-owner-occupied short term rental licenses and on the transfer of any existing non-owner-occupied short term rental licenses in the C1 and C1-A conservation residence districts for a 3-month period of time; and
WHEREAS, on March 8, 2021, the City Council introduced O-7-21 for the purpose of requiring special exception approval for a new non-owner-occupied short term rental license in the R2-NC, C1, and C1-A conservation residence districts; requiring special exception approval for the transfer of any existing non owner-occupied short term rental license in the R2-NC, C1, and C1-A conservation residence districts; providing definitions; and providing for the waiver of special exception approval for certain individuals; and
WHEREAS, due to the significant historic nature of the conservation residence districts, and the impending expiration of the moratorium approved by R-61-20, the City Council desires to extend the moratorium until final City Council action is taken on O-7-21.
NOW, THEREFORE,
BE IT RESOLVED BY THE ANNAPOLIS CITY COUNCIL that the extension of the moratorium on the issuance of any new non-owner-occupied short term rental licenses and on the transfer of any existing non-owner-occupied short term rental licenses in the C1 and C1-A conservation residence districts is hereby approved.
AND, BE IT FURTHER RESOLVED BY THE ANNAPOLIS CITY COUNCIL that the moratorium shall not prohibit the use of a property for short term rental if the property has already been licensed by the City pursuant to Chapter 17.44 and the property is in compliance with all relevant code provisions.
AND, BE IT FURTHER RESOLVED BY THE ANNAPOLIS CITY COUNCIL that this resolution shall take effect from the date of its passage and shall terminate when the City Council takes final action on O-7-21.
EXPLANATION
Underlining indicates matter added.
[Strikethrough] indicates matter stricken.