Loading...
HomeMy WebLinkAboutWorcester Draft Regs Dec 2016e Prague M. Augu9us,Jr. any Manager CITY OF WO FCESTER cm20l6auF2O2412O A1h on me in for liem #913B August 16, 2016 TO THE WORCESTER CITY COUNCIL COUNCILORS In response to a council request, enclosed are two draft city ordinance amendments designed to address the negative aspects associated with the shootermrental of bedrooms in otherwise single family dwelling units. The first proposed ordinance would amend the city's zoning ordinance by inserting a definition of "non-transient as that term is used in the accessory use provisions of the zoning ordinance. That provision allows the renting of rooms by a residentfamily to no more than two unrelated non transient persons. The amendment defines "non- transient as a rental of greater than 30 days. This allows our ordinances to focus on short-term rentals in residential neighborhoods. The second proposed ordinance amendment would require a license from the license commission before anyone could rent any portion of their dwelling to any unrelated persons for overnight occupancy for any period from one to thirty consecutive nights. No such a license could be granted unless the dwelling complies with the provisions of the city zoning ordinance and the building, fire and sanitation codes. The ordinance authorizes the license commission to impose reasonable conditions designed to mitigate any apparent or anticipated adverse impacts on the surrounding neighborhood. Such conditions may address vehicle parking, signage, lighting, noise and similar neighborhood impacts. Licenses would be valid for one year from the date of issuance except that the initial round of licenses can be staggered so as to make the administrative support of the ordinance consistent throughout the year. OFTice OF THE ary MANAGER, ary HALL,WORCESTER, MA 91608 TELEPHONE 508)791176 I FAA(603)7991208 EMAIL mrmenagnrcwnmexernegrM The ordinance grants the license commission authority to adopt any procedural and substantive rules and regulations it deems necessary to implement this ordinance. The fee for each such license would be set administratively based on the actual costs of processing license applications. Any license issued underthis section may be modified, suspended or revoked by the license commission as circumstances warrant Any such action would require notice to the property owners and a hearing before the license commission to establish violations of the conditions on any particular license. Ultimate enforcement of the ordinance, for violation of any orders of the license commission or fora failure to obtain a license in the first place, would be through court action. Since short-tern rentals of rooms in residential properties is a relatively new phenomenon, I request that this proposed ordinance be given a careful review and a public comment period. Accordingly, I propose that this ordinance take effect at least ninety days atter final adoption. The process for adoption of the accompanying zoning ordinance amendment requires public hearings by the planning board and a city council committee. Implementation of the ordinance will require adoption of regulations by the license commission and the allocation of resources to administer the permitting process. Respectfully submitted, dEdward M. Augustus, Jr. City Manager 2 - DRAFT for DELIBERATION An Ordinance Relative to the Short-Term Accessory Residential Rentals Be it ordained by the City Council of the City of Worcester, as follows: Section 1 . Chapter Eleven of the Revised Ordinances of 2008 is hereby amended by inserting after section 8A thereof the following new section 8B, as follows: 813 Short-Term Accessory Residential Rentals a) No person shall rent any portion of any dwelling to any person not within the second degree of kinship to the person conducting the rental for overnight occupancy for any period from one to thirty consecutive nights without first obtaining a license from the license commission. b) No license shall be granted under this section unless the dwelling complies with all applicable health, safety, building and fire codes that, both the proposed short-term accessory rental use and the dwelling and the property containing it, complies with the Worcester zoning ordinance. c) In granting any such license the commission may impose reasonable conditions designed to mitigate any apparent or anticipated adverse impacts on the surrounding neighborhood. Such conditions may address vehicle parking, signage, lighting, noise and similar neighborhood impacts. d) The license commission shall have the authority to adopt any procedural and substantive rules and regulations it deems necessary to implement this section. e) All such licenses shall be valid for one year from the date of issuance. f) The fee for each such license issued under this section shall be set in accordance with section 24 of chapter two of these ordinances. g) The license commission after notice to any licensee and reasonable opportunity to be heard by them, may modify, suspend, revoke or cancel any license issued under this section upon satisfactory proof that the licensee, or the licensee's tenants, has violated or permitted a violation of any condition thereof, or any other ordinance of the city or any law of the commonwealth. Nothing in this section shall diminish the authority of the department of inspectional services or the chief of police to pursue any other available remedy to address violations of this section or any other city ordinance or law of the commonwealth. Section 2. In implementing this ordinance the license commission shall have authority to stagger the terms of the initial license issued under this ordinance to any single DRAFT for DELIBERATION property provided that the term of no such "initial' license shall exceed eighteen (18) months. The intention being that the renewal dates for licenses issued under this ordinance shall be as nearly equal each month throughout the year. Section 3. This ordinance shall take effect ninety days after final adoption, provided that, applications for licenses under this ordinance shall be accepted on such earlier date as the city manager shall establish. AN ORDINANCE AMENDING ARTICLE IV, SECTION-8(13)(8) OF THE WORCESTER ZONING ORDINANCE ADOPTED APRIL 2, 1991 RELATIVE TO ACCESSORY USE LIMITATIONS FOR RENTING OF ROOMS IN RESIDENTIAL DISTRICTS Be it ordained by the City Council of the City of Worcester as follows: Article IV, Section-8(13)(8), Accessory Uses — Limitation in Residential Districts, of the Worcester Zoning Ordinance is hereby amended by deleting subsection (8) in its entirety and inserting the following revised subsection(8)in lieu thereof: The renting of rooms by a resident family may be allowed in a Residential District to not more than two (2)non-transients provided that no more than three 3)persons, who are not within the second degree of kinship, are living in a dwelling unit. For the purposes ofthis section, the term "non-transient" shall mean any occupancy, rental or use in excess of thirty(30) consecutive nights."