P&Z agenda: short term rental ordinance

Here’s the agenda for today’s (June 30) Bay St. Louis Planning and Zoning meeting. Things start at 5:30 p.m.

The draft of the proposed ordinance for short term rental properties is below.

APPLICATIONS:

JULIAN HILLERY & MAMIE HILLERY – application for Special Exception to the Zoning Ordinance. The applicants’ intentions are to construct a single family residence, a guest house and a pool house on this parcel of land. The applicants are asking for a Special Exception to the Zoning Ordinance to allow an accessory dwelling on a parcel of land that will meet all requirements set forth for an accessory dwelling. An accessory dwelling may be allowed by special exception on a parcel of land that consist of a single family dwelling and shall adhere to the same setbacks as the primary structure and shall not be permitted on a lot less than 15,000 square feet. The property in question is located at 414 South Beach Boulevard Parcel #149L-0-30-207.000, described as Lot 135, 3rd Ward, Bay St. Louis, Hancock County, Mississippi. The property is presently zoned R-4, Beach Front Residential District.

TIMOTHY & PAGE FORREST -application for Variance to the Zoning Ordinance. The applicants’ intentions are to construct a carport to the side of the residence. The applicants’ are asking for a 2.5’ setback to the side yard, therefore the applicants are asking for a 5.5’ variance to the side yard. The property in question is located at 304 Ninth Street. Parcel #137L-0-35-057.006, Lot 17-20, Block 45, Bay St. Louis Land & Improvement Company, Bay St. Louis, Hancock County, Mississippi. The property in question is zoned R-1, Single Family District which requires a 25 foot front yard, 8 foot side yard and 20 foot rear yard.

STEVE HATHORN- application for Subdivision Plat Approval and Variance to the Zoning Ordinance. The applicant would like to subdivide this parcel of land into 2 new parcels of land identified as Lot 30 and Lot 31. Lot 30 will need a 5,999.88 sq. ft. variance to the minimum lot area for the proposed 6,000.12 sq. ft. to the minimum lot area. Lot 30 will also need a variance of 39.93’ to the minimum lot width for a proposed 60.07’ lot width. Lot 31 will need a 6,037.80 sq. ft. variance to the minimum lot area for the proposed 5,962.20 sq. ft. minimum lot area. Lot 31 will also need a variance of 39.17’ to the minimum lot width for a proposed 60.83’ lot width. The property in question is located at 114 Edith Dr., Parcel #135R-0-47-069.000, Lot 30 & 31, Block 3, Jourdan River Estates Subdivision, Bay St. Louis, Hancock County, Mississippi. The property is zoned R-1, Single Family District which requires a 100’ minimum lot width and 12,000 sq. ft. minimum lot area.

WAYNE GOUGUET – application for Variance to the Zoning Ordinance. The applicant’s intention is to construct a single family residence on this parcel of land. The applicant is asking for a 3’3” variance to the rear yard, therefore the applicant is asking for 16’9” setback to the rear yard. The property is located at 208 St. George Street. Parcel #149F-0-29-202.000, 1st Ward, Lot 398, Bay St. Louis, Hancock County, Mississippi. The property in question is zoned R-3, Multi Family District which requires a 25’ front yard, 8’ side yard and 20’ rear yard. The applicant has indicated on the site plan a 7’9” front yard setback. This setback will meet the allowable front yard average to the setback requirement according to the zoning regulations.

ANITA DAUSMON – application for Variance to the Zoning Ordinance. The applicant’s intention is to construct a detached carport to the side of the residence. The applicant is asking for a 4’6” variance to the side yard, for a 6” setback to the side yard where a 5’setback is required. The property is located at 342 St. John St., parcel #149E-0-29-369.001, 1st Ward, Lot 98, 2nd Ward, Bay St. Louis, Hancock County, Mississippi. The property in question is zoned R-2, Two Family District.

CITY OF BAY ST LOUIS- requests a public hearing for public comment and the recommendation of the Planning and Zoning Commission for the Ordinance for short term vacation rental properties.

Approve the Minutes
May 26, 2015

Adjourn

ORDINANCE NO. _____________________

AN ORDINANCE AMENDING ORDINANCE NO. _________ BEING THE
“COMPREHENSIVE ZONING ORDINANCE OF BAY ST. LOUIS, MISSISSIPPI”, SO AS TO PROVIDE FOR SHORT-TERM RENTALS OF DWELLINGS IN RESIDENTIAL/COMERCIAL ZONES AFTER APPLICATION AND APPROVAL

WHEREAS, the City of Bay St. Louis, Mississippi, did on or about September 10, 2010, adopt the Comprehensive Zoning Ordinance of Bay St. Louis, Mississippi, which has from time to time been amended; and
WHEREAS, several times new uses or interpretations have been brought to the attention of the City and reviewed by the Bay St. Louis Planning & Zoning Commission; and
WHEREAS, the use of short-term rental units as a use in residential (and commercial) zones is/are considered a valuable and needed use for those desiring to engage their dwelling or condominiums to rent to guests visiting Bay St. Louis in exchange for compensation and further provides for another type of short-term stay opportunity similar to hotels, motels and bed and breakfast facilities and will aid and encourage tourism.
WHEREAS, said Planning & Zoning Commission and the Bay St. Louis City Council having held numerous work sessions and having published due notice thereof did, on the ______ day of May, 2015; and on the _______ day of June 2015, conduct a public hearing on such proposed changes; and
WHEREAS, after due consideration, the Mayor and the City Council now find and determine that it would be in the best interest of the City of Bay St. Louis that these recommended changes be adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING AUTHORITY of the City of Bay St. Louis, Mississippi, as follows:
Title: SHORT-TERM RENTAL
Definitions
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section:
Short-Term Rental: “Short-term rental” means any dwelling or condominium or portion thereof that is available for use or is used for accommodations or lodging of guests, paying a fee or other compensation for a period of less than thirty (30) consecutive days. For the purposes of House Bill No. 1836 (1998) regarding a tax levy on lodging rentals, “Short-term rental” means any establishment engaged in the business of furnishing or providing rooms intended or designed for dwelling, lodging or sleeping purposes to transient guests and which are known in the trade as such. The term “short-term rental” does not include any hospital, convalescent or nursing home or sanitarium, or any facility associated with a hospital providing rooms for medical patients and their families.
Local Property Manager: The person specifically named on the application and permit who is responsible for the day to day operation of the Short -Term Rental Unit, and who may be contacted, day or night, if there is a problem with the Unit. The local property manager may be the owner and/or an agent of the owner.
2. License Required
It is unlawful to conduct or operate a short-term rental without having obtained a license therefore
A. A short-term lodging rental license (or permit) and occupancy tax registration are required for each short-term lodging rental unit.
B. License applications may be made for short-term lodging rentals in all residential/commercial zones.
C. The license process requires:
1. Completed application, obtained at the City Building Department.
a. Applications shall contain such information as the Building Official shall from time to time require, including but not limited to the location/address of the short-term rental, number of rooms therein contained, the number of persons the short-term rental proposes to accommodate, the name of the property owner, the name of the property manager, sales tax collection number and information, and the name, address and telephone number of the local responsible party who is available for contact, copy of the rental agreement, proposed parking plan (reviewed and determined upon site inspection by Building Official), rules and a plan for trash management, a copy of the proposed rental agreement, and a letter of support from the active Home Owners Association (HOA, if applicable).
b. The application shall include a statement by the applicant affirming that the applicant is in compliance with applicable zoning requirements, building codes, deed restrictions and/or covenants and has paid all applicable taxes, fees and other charges, including the taxes approved by House Bill 1836 (1998).
2. Public Notice: Notices will be mailed via standard mail to all property owners within 300’ of the subject parcel. Cost for this mailout will be calculated by the Zoning Department and collected from the applicant prior to sending. Response to the notice will be considered in the review process.
3. Non-refundable application fee of fifty dollars ($50.00) or the most recent established fee.
D. Each short-term rental license shall expire one (1) year from the date of issuance of the permit.
E. Permit renewal may be obtained for twenty-five dollars (25.00) (or the most recent established fee) through the City Building Department. Permit renewal process will include staff review of City records or other documentation pertaining to complaints, if any, that have been received about the specific short-term rental unit under consideration. Filed complaints involving violations of the zoning codes, building codes, property maintenance codes and/or applicable laws or regulations may be a basis for denying a permit renewal.
F. Approval of a short-term lodging rental permit does not legalize any non-permitted use or structure. Short-term rental units are not to be used to distribute retail products or personal services to invitees for marketing or similar purposes. The outdoor display of goods and merchandise for sale is prohibited.
G. Short-term lodging rental permits are not transferrable. Upon transfer of the property, the new owner, if desired, may apply for a new permit in accordance with this Article.
H. Any structure or unit that is deed-restricted for affordable housing shall not be used as a short-term lodging rental.
I. Short-term rental units existing as of __________ ____, 2015 will have forty five (45) days from the date of _______________ ____, 2015 to apply for a license to operate.
3. Occupancy
The maximum occupancy is determined by the Building Official and/or Fire Marshall based on an inspection of the premises and applicable laws, regulations and codes. Each permit shall specify the maximum number of occupants, which may be limited due to building or parking constraints.
4. Number of Vehicles
The maximum number of vehicles will be determined upon site inspection by the Building Department and should be compatible with the zoning. This number will be based on off-street parking availability and on-street conditions. It will be preferred that the licensee provide off-street parking. In certain circumstances where no off-street parking exists and on-street constraints exist, the Building Official may require an off-street parking space to be constructed or secured.
5. Register of Guests
Each short-term rental licensee shall keep or cause to be kept a register of guests. Such registration or list shall be available for inspection upon ten (10) days written notice by the Building Official and/or designee.
6. Noise
Property owners and Local Property Managers shall ensure that the occupants of the short-term lodging rental are aware of City’s ordinances and State laws regarding disturbing the peace. Each Owners and local property manager shall be responsible that the renter does not disturb the
peace and enjoyment of the surrounding neighborhood and area.

7. Premises and Garbage Management
It shall be the duty of every owner and/or local property manager to keep all of the rooms used in connection with such short-term rental provided for the use of guests, in clean and sanitary condition; and to provide each guest with effective protection against flies, mosquitoes and other vermin. Garbage shall be disposed of in covered containers and placed at the scheduled pick up location in accord with Sec. ________ of the Municipal Code.
8. Posting of Rules
Short-term lodging rental unit rules shall be posted inside the rental unit in a location readily visible by all tenants. The rules shall include: occupancy, parking limits, noise rules and garbage management.
9. Local Contact Person
All short-term lodging rentals shall designate a local property manager (within the three coastal counties) who will respond to questions or concerns 24-hours a day. The name, address, and phone number(s) of the local contact person shall be submitted to the Building Department and City Police Department during the permitting process. The name, address and phone number(s) of the local contact person shall be posted prominently inside the short-term lodging rental unit. The local property manager and/or property owners shall be considered the responsible person for violations of the Short-Term rental ordinance.
10. Complaints and Dispute Resolution
Complaints regarding violation of this ordinance should first be directed to the local contact person. If the local contact person is unable to resolve the issue and/or the issue relates to public safety, the concerned party should contact the City. The Police Department shall have an updated list provided by the Building Department of all local contact persons for short-term rentals in case complaints are received after hours.
11. Denial or Revocation of License
Conditions for denial of permit or revocation of license to operate a short-term rental unit by the Building Department:
Any written objection received from immediately adjacent property owners would be the basis of denial.
Written objection received from 50% or more of the property owners within 300 feet of the subject parcel would be the basis of denial.
Property within a subdivision with an active Homeowner’s Association with adopted covenants that do not allow short-term rentals will not be considered for permit. A letter of acknowledgement and support will be required from the HOA if active.
D. The applicant failed to conform to license conditions of the current or previous year.
E. Guests and/or users at the property were issued two or more noise complaint and/or disturbing the peace citations during the previous or current license year;
F. Any other reasonable and rational factors or combination of factors (including but not limited to inadequate lot size, inadequate street parking, lack of response from local property manager, filed complaints involving violations of the zoning codes, building codes, property maintenance codes and/or applicable laws or regulations) may be a basis for denying a permit.
G. If an application is denied, the applicant may correct any deficient conditions and reapply. The applicant may appeal the revocation or denial within ten (10) days to the Bay St. Louis Planning & Zoning Commission, which shall conduct a hearing on the denial and/or revocation, and forward the recommendation to the Bay St. Louis City Council for action on the appeal.
H. A new inspection and application fee will be required if the applicant reapplies.
I. Whenever an application or a renewal application is denied or revoked, the Building Official will provide the applicant with a written list of deficient conditions, including a list of filed complaints in the case of a denied renewal application.
12. Prohibited Acts
For purposes of ordinance the short-term rental shall not do any of the following:
All uses of the property shall be in compliance with Federal, State and Local Laws and Ordinances.
No outside, outdoor or yard music shall be allowed after 10:00 pm/12:00 pm.

13. Separate Violations
For purposes of prosecution of violations of this chapter, each day that any violation occurs (rental without license) is deemed to constitute a separate violation. Any person(s), entiny, company or concern who willfully violates this ordinance shall be guilty of a misdemeanor. Those found guilty of such violation shall, upon conviction, be fined for each violation not exceeding two hundred fifty dollars ($250.00) for the first offense, not exceeding five hundred dollars ($500.00) for the second offense within a calendar year, and not exceeding more than one thousand dollars ($1,000.00) for other offenses within a calendar year, plus all court costs and not more than ninety (90) days in the county jail, or both.
14. Constitutionality
Should any portion, provision, or section of this Ordinance be held void, unconstitutional or invalid, the remaining portion of the ordinance shall remain in full force and effect.
15. Conflicts
It is hereby provided that the provisions of these regulations shall not be construed as being in conflict with the provisions of any other regulations of Bay St. Louis, Mississippi. In any case when the provisions of these regulations and the provisions of other regulations both apply, the provisions of this ordinance shall govern for the purposes of short-term rentals in dwellings or condominiums.

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