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HomeMy WebLinkAboutOrd 2021-03 ORDINANCE NO. 21 - 03 AN ORDINANCE OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AMENDING THE TOWN OF FOUNTAIN HILLS TOWN CODE, CHAPTER 8, BUSINESS REGULATIONS, BY ADDING ARTICLE 8-6, VACATION RENTALS RECITALS: WHEREAS, the Town Council desires to amend Chapter 8, Business Regulations, by adding a new Article 8-6, Vacation Rentals. ENACTMENTS: NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION 1. The recitals set forth above are hereby incorporated as if fully set forth herein. SECTION 2. Chapter 8, Business Regulations, is amended by adding Article 8-6 as follows: Article 8-6 VACATION RENTALS SECTIONS: 8-6-1 CONTACT INFORMATION REQUIRED; INFORMATION UPDATES 8-6-2 COMPLIANCE WITH LAWS 8-6-3 NON-RESIDENTIAL USAGE BY VACATION RENTALS OR SHORT-TERM RENTALS PROHIBITED 8-6-4 DEFINITION SECTION 8-6-1 CONTACT INFORMATION REQUIRED; INFORMATION UPDATES. A. THE OWNER OF A VACATION RENTAL OR SHORT-TERM RENTAL SHALL PROVIDE THE TOWN WITH CONTACT INFORMATION FOR THE OWNER OR THE OWNER'S DESIGNEE WHO IS RESPONSIBLE FOR RESPONDING TO COMPLAINTS IN A TIMELY MANNER IN PERSON, OVER THE PHONE OR BY E-MAIL AT ANY TIME OF DAY BEFORE OFFERING FOR RENT OR RENTING THE VACATION RENTAL OR SHORT-TERM RENTAL WITHIN THE TOWN. B. IN ADDITION TO THE INFORMATION REQUIRED ABOVE, THE OWNER OF A VACATION RENTAL OR SHORT-TERM RENTAL SHALL PROVIDE TO THE TOWN THE NAME AND CONTACT INFORMATION OF A PERSON DESIGNATED AS AN EMERGENCY CONTACT. C. THE OWNER SHALL NOTIFY THE TOWN, IN WRITING, OF ALL CHANGES IN THE CONTACT INFORMATION REQUIRED BY THIS SECTION, NOT LESS THAN TEN (10) - .__.� �._. .. DAYS PRIOR TO THE EFFECTIVE DATE OF THE CHANGE. ORDINANCE 21-03 PAGE 2 D. THE TOWN MANAGER OR DESIGNEE SHALL DEVELOP THE NECESSARY FORMS AND/OR DATABASE NECESSARY TO IMPLEMENT THIS SECTION. SECTION 8-6-2 COMPLIANCE WITH LAWS. A. A VACATION RENTAL OR SHORT-TERM RENTAL MUST AT ALL TIMES COMPLY WITH ALL FEDERAL, STATE, AND LOCAL LAWS, RULES AND REGULATIONS RELATED TO PUBLIC HEALTH, SAFETY, SANITATION, SOLID WASTE, HAZARDOUS WASTE, TAX PRIVILEGE LICENSING INCLUDING ADVERTISING REQUIREMENTS, TRAFFIC CONTROL, POLLUTION CONTROL, NOISE, PROPERTY MAINTENANCE, AND NUISANCE ABATEMENT. B. NO PERSON INCLUDING AN OWNER OR OPERATOR SHALL OPERATE A VACATION RENTAL OR SHORT-TERM RENTAL IN VIOLATION OF THIS SECTION. SECTION 8-6-3 NON-RESIDENTIAL USAGE BY VACATION RENTALS OR SHORT- TERM RENTALS PROHIBITED. A. NO VACATION RENTAL OR SHORT-TERM RENTAL MAY BE USED FOR ANY NON- RESIDENTIAL USE OR PURPOSE INCLUDING BUT NOT LIMITED TO ANY OF THE FOLLOWING: 1. ANY COMMERCIAL, INDUSTRIAL, MANUFACTURING, OR OTHER NON- RESIDENTIAL PURPOSE; OR 2. OPERATING A RETAIL BUSINESS, RESTAURANT, EVENT CENTER, BANQUET CENTER OR SIMILAR USE; OR 3. HOUSING SEX OFFENDERS; OR 4. OPERATING OR MAINTAINING A STRUCTURED SOBER LIVING HOME; OR 5. SELLING LIQUOR, CONTROLLED SUBSTANCES OR PORNOGRAPHY; OR 6. OPERATING ANY ADULT-ORIENTED BUSINESS INCLUDING NUDE AND TOPLESS DANCING. B. NO PERSON INCLUDING AN OWNER OR OPERATOR SHALL OPERATE A VACATION RENTAL OR SHORT-TERM RENTAL IN VIOLATION OF THIS SECTION. SECTION 8-6-4 DEFINITION FOR THE PURPOSES OF THIS ARTICLE, THE TERMS "VACATION RENTAL" AND "SHORT- TERM RENTAL" HAVE THE MEANING SET FORTH IN ARIZONA REVISED STATUTES SECTION 9-500.39, AS AMENDED. SECTION 3. If any section, subsection, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. ORDINANCE 21-03 PAGE 3 PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, this 5th day of January, 2021. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: Ginn Dickey, Mayor Elizabet Burke, ow rk REVIEWED BY: APPROVED AS TO FORM: UV Grady E. Mil r, T wn Manager Aaron D. Arnson, Town Attorney