ORDINANCE NO. ______________, SERIES 2023
Title
AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON CONDITIONAL USE PERMIT APPLICATIONS FOR SHORT TERM RENTALS AND NEW REGISTRATIONS FOR SHORT TERM RENTALS IN CERTAIN IMPACTED NEIGHBORHOODS PENDING A REVIEW AND RECOMMENDED CHANGES BY THE PLANNING COMMISSION.
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SPONSORED BY: COUNCIL MEMBER JECOREY ARTHUR
WHEREAS, the Legislative Council of the Louisville/Jefferson County Metro Government (the “Council”) passed Resolution No. 143, Series 2022 requesting that the Louisville Metro Planning Commission (the “Planning Commission”) review the Louisville Metro Land Development Code (“LDC”) and Section 115 of the Louisville/Jefferson County Metro Government Code of Ordinances (“LMCO”) relating to Short Term Rentals; and
WHEREAS, certain neighborhoods have been more negatively impacted by Short Term Rentals due to the current policies as to where Short Term Rentals are permitted by right with special standards, specifically, the Phoenix Hill, Butchertown and Clifton Heights neighborhoods (the “Impacted Neighborhoods”); and
WHEREAS, the Council wants to create a period of time wherein no new Short Term Rentals are created, either through conditional use permits or new registrations under LMCO 115 (renewals would still be permitted) in the Impacted Neighborhoods while the Planning Commission reviews potential changes to Short Term Rentals; and
WHEREAS, it is anticipated that the review pursuant to Resolution No. 143, Series 2022 will take approximately six months to complete; and
WHEREAS, during the pendency of such review, the Council desires to preserve the status quo in the Impacted Neighborhoods by preventing changes that might render the Planning Commission’s review meaningless.
NOW, THEREFORE, BE IT ORDAINED BY THE LEGISLATIVE COUNCIL OF THE LOUISVILLE/JEFFERSON COUNTY METRO GOVERNMENT AS FOLLOWS:
SECTION I: There is hereby imposed a moratorium on the acceptance and further processing by Louisville Metro Planning & Design Services and Louisville/Jefferson County Board of Zoning Adjustment (“BOZA”) of any applications for conditional use permits for short term rentals pursuant to Section 4.2.63 of the LDC for properties in the Impacted Neighborhoods which have not been scheduled, as of the effective date of this Ordinance, for a public hearing by BOZA. Applications that have a scheduled public hearing by BOZA as of the effective date of this Ordinance (“Scheduled Public Hearing”) may continue to be processed and decided upon by BOZA.
SECTION II: There is hereby imposed a moratorium on the acceptance and further processing by Louisville Metro Planning & Design Services and Develop Louisville of any new short term rental annual registration applications pursuant to LMCO 115.516 (renewals may still be processed), for properties in the Impacted Neighborhoods, other than new applications resulting from a conditional use permit approved by BOZA at a Scheduled Public Hearing.
SECTION III: This Ordinance shall take effect upon its passage and approval or otherwise becoming law and shall remain in effect for a period of 180 calendar days after its effective date unless repealed or extended.
_______________________________ _____________________________
Sonya Harward Markus Winkler
Metro Council Clerk President of the Council
________________________________ _____________________________
Craig Greenberg Approval Date
Mayor
APPROVED AS TO FORM AND LEGALITY:
Michael J. O’Connell
Jefferson County Attorney
By: ____________________________
O-072-23 Temporary Moratorium Short Term Rentals in Impacted Neighborhoods.docx (lf)