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File #: 1042-24    Version: 1 Name: Report Out - Ord Amending Code Rural Short Term Rentals (STRS).
Type: Ordinance Status: Approved
File created: 10/11/2024 In control: Urban County Council
On agenda: 1/23/2025 Final action: 1/23/2025
Enactment date: 1/23/2025 Enactment #: O-002-2025
Title: An Ordinance amending Section 13-77(b)(11) of the Lexington-Fayette Urban County Code of Ordinances to require approval from the Health Dept. for Short-Term Rentals utilizing septic tanks prior to the issuance of a Short-Term Rental special fees license; amending Section 13-79(a)(7) of the Code to set the maximum occupancy in Short-Term Rentals to the number allowed in the licensee's conditional use permit, if applicable, or otherwise the Zoning Ordinance; and moving the subpoena authority of the Administrative Hearing Board from Section 13-80 of the Code to Section 13-81. [Council Office, Hall]
Attachments: 1. STR Recommendations to Council - Sept 2024, 2. RLMB Ag Zones STR DRAFT 03132024, 3. STR Code of Ordinance Changes (to account for RSA additions) .1 . 4870-1697-5277, 4. 1042-24 STR Code of Ordinance Changes (to account for RSA additions) 4870-1697-5277 v.2.pdf, 5. O-002-2025
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An Ordinance amending Section 13-77(b)(11) of the Lexington-Fayette Urban County Code of Ordinances to require approval from the Health Dept. for Short-Term Rentals utilizing septic tanks prior to the issuance of a Short-Term Rental special fees license; amending Section 13-79(a)(7) of the Code to set the maximum occupancy in Short-Term Rentals to the number allowed in the licensee's conditional use permit, if applicable, or otherwise the Zoning Ordinance; and moving the subpoena authority of the Administrative Hearing Board from Section 13-80 of the Code to Section 13-81. [Council Office, Hall]

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BE IT ORDAINED BY THE COUNCIL OF THE LEXINGTON-FAYETTE URBAN COUNTY GOVERNMENT:
Section 1 - That Section 13-77(b)(11) of the Lexington-Fayette Urban County Code of Ordinances be and hereby is amended to read as follows:
Sec. 13-77. - Short-term rental special fee license.

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(b) The Director may promulgate such forms and procedures as reasonably necessary for the orderly and efficient processing of short-term rental special fee license applications and renewals. Provided, however, that an applicant shall be required to provide the following information as part of its application for a special license and renewal:

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(11) For short-term rentals utilizing septic tanks documentation from the Health Department stating that the septic tank on the property is sufficient to handle the proposed use of the property as a short-term rental.
Section 2 - That Section 13-79(a)(7) of the Code of Ordinances be and hereby is created to read as follows:
Sec. 13-79. - Duties of a Licensee.
It is the duty of a Licensee under this Article to ensure that:
(a) Every short-term rental owned by the Licensee meets and complies with the following at all times:
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(7) May be occupied by the maximum number of individuals provided in the Licensee's conditional use permit, if applicable, or otherwise the Zoning Ordinance, as applicable in the relevant zone. Any permanent re...

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