HomeMy WebLinkAbout2024-OR-37 ( FAILED) Ordinance Establishing aTemporary Moratirium on Non- occupied Short-Term Rental Property frnic
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ORDINANCE NO. 2024-OR- 37
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
STATE OF INDIANA
AN ORDINANCE ESTABLISHING
A TEMPORARY MORATORIUM ON
NON-OWNER OCCUPIED SHORT-TERM RENTAL PROPERTY
WHEREAS, the Common Council for the City of Jeffersonville (hereinafter "Council")
is the legislative body with the statutory authority to adopt ordinances for the protection and
promotion of the public health, safety and general welfare; and
WHEREAS, there is an increasing number of non-owner occupied short-term rental
property in the City of Jeffersonville; and
WHEREAS, the Indiana legislature has given local municipalities the authority to adopt
zoning regulations to govern the location of non-owner occupied short-term rental property; and
WHEREAS, the Indiana legislature has given the local municipalities the authority to
implement a permit process for both owner occupied and non-owner occupied short-term rental
property; and
WHEREAS, the Council desires to initiate and consider a proposal to amend the
Jeffersonville Zoning Ordinance to regulate non-owner occupied short-term rental property
pursuant to I.C. 36-1-24-9; and
WHEREAS,the Council desires to initiated and consider a proposal to enact an ordinance
for the implementation of a permit process for such rentals pursuant to I.C. 36-1-24-11; and
WHEREAS, a temporary moratorium on the approval of non-owner occupied short-term
rental property is necessary and appropriate to prevent such rentals from occurring until the Plan
Commission and the Council have an opportunity to adequately consider such proposal; and
NOW THERFORE, BE IT ORDAINED, by the Common Council for the City of
Jeffersonville, as follows:
1. Non-Owner Occupied Short-Term Rental Property means a short-term rental that
is the not the owner's primary residence and is offered to the public as a short-term rental.
2. Owner Occupied Short-Term Rental Property means a short-term rental that is the
owner's primary residence and is offered to the public as a short-term rental.
4. Owner means a person has an interest in title or a present possessory interest in the
property that is offered to the public as a short-term rental.
Ordinance No. 2024-OR- 37
5. Short-Term Rental means the rental of:
a) a single-family home;
b) a dwelling unit in a single-family home;
c) a dwelling unit in a two-family or multi-family dwelling; or
d) a dwelling unit in a condominium,cooperative,or time share;
for less than thirty (30) days at a time through a short-term rental platform. The
term includes a detached accessory,including a guest house,or other living quarters
that are intended for human habitation, if the entire property is designated for a
single-family residential use. The term does not include property that is used for
any nonresidential use.
6. Short-Term Rental Platform means any entity that:
a) provides a platform through which unaffiliated parties offer to rent a short-
term rental to an occupant; and
b) collects consideration for the rental from the occupant.
7. No non-owner occupied short-term rental property shall commence or begin
operation within the City of Jeffersonville during the course of the moratorium. This moratorium
shall not apply to owner-occupied short-term rental property.
8. The Planning and Zoning Department is hereby directed to diligently proceed with
consideration of an amendment to the Zoning Ordinance to regulate non-owner occupied short-
term rental property pursuant to I.C. 36-1-24-9.
9. The Planning and Zoning Department is hereby directed to diligently proceed with
consideration of an ordinance to implement a permit process of short-term rental property pursuant
to I.C. 36-1-24-11.
10. The Planning and Zoning Department shall endeavor to complete its report and
recommendation for receipt by the Council no later than January 1, 2025.
11. This moratorium shall take effect immediately upon the adoption of this ordinance
and shall expire after 365 days,unless terminated or extended by further action of the Council.
12. A copy of this Ordinance shall be delivered or communicated to any short-term
rental platform to ensure said platform is aware of the temporary moratorium.
13. If any terms or provisions of this Ordinance are determined by a court of competent
jurisdiction to be invalid or unenforceable, the invalidity or unenforceability of such a term or
provision shall not affect or impair the validity or enforceability of any other provision thereof.
This Ordinance shall be in full force and effect after its passage by the Council and approval
by the Mayor.
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COUNCIL ROLL CALL VOTES
COUNCIL MEMBER VOTE FOR VOTE AGAINST
Councilperson BURNS
Councilperson SEMONES •
Councilperson ANDERSON
Councilperson REED
Councilperson WHITE
Councilperson WEBB
Councilperson HAWKINS
Councilperson SNELLING Y.
Councilperson STONER x'