STR's possible amendments

STR's possible amendments

Postby Duane Grieve » Tue Nov 07, 2017 10:11 am

Below are potential amendments, anticipated to be made at the City Council meeting on November 7, 2017 in regards to Item 12.f.


1. Concept: To exclude STRs from R-1 and R-1E.

a. Motion:

I move to amend 1.2.d., Definitions, to exclude R-1 and R-1E zoning districts as districts where short term rental units are allowed.

b. Actual Amendment to Text (Section 1.2.d.):

d. Residential District. Any zoning district designated in the City of Knoxville where the principal permitted uses in the district include residential uses, including houses, duplexes, garage apartments accessory to a principal dwelling, and multi-dwelling structures. As of the date of the adoption of this article, Residential Districts shall include: all districts identified in the City of Knoxville Code of Ordinances, Appendix B, Article IV, Section 2.1, except Sections 2.1.1., R-1 Low Density Residential District, and 2.1.3., R1-E, Low Density Exclusive Residential District; all planned residential districts (RP-1, 2, and 3); the traditional neighborhood development district (TND-1); and the Old Sevier and Scottish Pike South Waterfront District (SW-1).
2. Concept: To reduce the number of transients from the current maximum of 12.

a. Motion:

I move to amend Division 4, Operational Requirements, at Section 4.3, Maximum Occupancy, to allow a maximum occupancy of 4 transients.

b. Actual Amendment to Text (Section 4.3.):

4.3. Maximum Occupancy. The number of Transients in a Short Term Rental Unit shall not exceed six Transients the sum of two (2) Transients per bedroom plus two (2) additional Transients; provided, however, that the maximum occupancy of the Short Term Rental Unit shall not exceed 12 persons, including Transients and any other individuals residing in or otherwise using the Short Term Rental Unit.

3. Concept: To require the owner of a Type 1 Owner Occupied Operating Permit to remain onsite during the stay of the transients.

a. Motion:

I move to amend Division 2, Permit Types, Applications, and Issuance, at Section 2.3 (a)(i), Type 1 Operating Permit, Owner Occupied, so that the owner is required to remain on the permitted premises during the transients’ occupancy.

b. Actual Amendment to Text (Section 2.3.a.i.):

i. Generally. A Type 1 Operating Permit is available in Residential Districts upon meeting the criteria in this article. A Type 1 Operating Permit can be issued only to an owner of the Short Term Rental Unit. The property where the Short Term Rental Unit is located must be the owner’s principal residence, except in the instance of duplexes as further described in this section. A person can only hold one (1) Type 1 Operating Permit in the City of Knoxville. The Type 1 Operating Permit is available only to natural persons. The Owner is not required to shall remain or be present at the Short Term Rental Unit during the Transient Occupancy, except for occasional errands or occupational obligations, none of which shall require the Owner to be away from the Short Term Rental Unit for more than twelve (12) consecutive hours.

4. Concept: To require parking on-site.

a. Motion:

I move to amend Division 4, Operational Requirements, to add a new Section 4.4, entitled Parking Requirements, to add specifications for parking, as follows.

b. Actual Amendment to Text (Division 4):

4.4. Parking Requirements. If off-street parking exists at the Short Term Rental Unit, it shall be used by the owner and all Transients for parking vehicles during occupancy.
5. Concept: To require notice to certain neighbors.

a. Motion:

I move to amend Division 2, Permit Types, Application, and Issuance, at Section 2.2., Application, to add a new section 2.2.h., entitled Required Notification for Type 1 Operating Permits, which imposes notification requirements to certain neighbors, as follows.

b. Actual Amendment to Text:

h. Required Notification for Type 1 Operating Permits. The Owner shall provide notice of their application for a Type 1 Operating Permit in the following ways:

i. By Mail: Within 48 hours of submitting the application for a Type 1 Operating Permit to the Business License & Tax Office, the Owner shall send a Neighborhood Notice form, supplied by the Business License & Tax Office, by first-class mail to all property owners whose property is adjacent to the property at which the Short Term Rental Unit is proposed and the Neighborhood Association.

ii. By Signage: Within 72 hours of submitting the application for a Type 1 Operating Permit to the Business License & Tax Office, the Owner shall post a Notification Sign, supplied by the Business License & Tax Office, in a conspicuous location in the front yard of the proposed Short Term Rental Unit.
Duane Grieve
 
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Joined: Mon Jul 02, 2012 3:58 pm

Re: STR's possible amendments

Postby Nick Della Volpe » Tue Nov 07, 2017 10:55 am

Duane, some interesting proposals. Note that your section 3 b. I. Has a material typo:: I think you are saying in the proposed text that the owner shall be physically present (except for work hours and short intervals), but you left “not” be present in the wording shown. Fix that if that is your meaning.

In addition, your listing of neighborhoods to be exempted from the STRs , leaves out the R1 “established neighborhoods” category, like Holston Hills and Westmoreland... these are very traditional and long-established single family residential areas. Because of their historic character, they have allowed the potential for highly-regulated, formal bed and breakfasts, to seek approval, as designed in under Mr. Donaldson’s MPC tenure. Those, however, are rare, and few and far between. They are far cry from the loose goosie STR world. People choose to live in an single family area so they can know and interact with their neighbors, and not be exposed to commercial hotels and motels. Those kinds of uses belong in mixed use areas, and in or along commercial corridors, not on residential blocks. Most neighborhoods strive to WATCH what is happening in their area and to REPORT unusual activity. STRs undermine neighborhood cohesiveness and self-protection.

The Codes department has thus far shown they are unable or unwilling to enforce basic residential codes and restrictions— where these uses are illegal. More enforcement means more staff and more budgets ( including heavy weekend coverage when such rooms tend to be rented), and a firm resolve to enforce that has thus far not been shown.

If we truly need more or varied tourist accommodations, like STRs, they should be confined to a geographic tourist district, where such business and mixed uses are permitted. Chattanooga has now done so, using defined mapping boundaries.
Nick Della Volpe
 
Posts: 110
Joined: Mon Jul 02, 2012 4:00 pm


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