Folly Beach Planning Commission Joint Work Session/ Regular Meeting

Transcription

1 Folly Beach Planning Commission Joint Work Session/ Regular Meeting October 2, :30 PM JOINT WORKESSION WITH COUNCIL 7:00 PM REGULAR MEETING Commission Members: Greg Anderson; Adam Barker; Randy Carter; Deana Coggin; Kirk Grant; LaJuan Kennedy; John Merritt; Michael Norton; John Pence 5:30 PM JOINT WORKESSION WITH COUNCIL 1) Call to Order; Roll Call 3) Review of proposed changes to short term rental ordinance 1: Call to Order; Roll Call 2: Freedom of Information Statement 3: Approval of Previous Minutes 4. Personal Appearances 5. Citizen Comments 6. Unfinished Business 7: New Business 7:00 PM REGULAR MEETING 1) Alternative Parking Plan, Inn at 105 East Huron; Ryan Buck 1) Public Hearing Ordinance to reestablish parking requirements for residential and tourist accommodation uses in the Downtown Commercial District 3) Public Hearing on Ordinance to revise the rules for short term rental 8: Staff Comments 1) Update from architectural/preservation incentives group 9: Commission Comments 10: Adjournment

2 Folly Beach Planning Commission August 7, :00 PM Regular Meeting Council Chambers, 21 Center Street Commission Members: John Pence; Kirk Grant; LaJuan Kennedy; Deana Coggin; Randy Carter; Greg Anderson; John Merritt, Michael Norton, Adam Barker 1: Call to Order; Roll Call Regular Meeting 7:00pm Present: Absent: Merritt, Kennedy, Carter, Anderson, Coggin, Barker, Norton Grant, Pence 2: Freedom of Information Statement 3: Approval of Previous Minutes Mr. Carter made a motion to approve the minutes of the previous meetings, and Ms. Coggin seconded the motion. The minutes of the June meeting was approved without objection. 4. Personal Appearances 5. Citizen Comments 6. Unfinished Business 7. New Business A. Election of Chair and Vice Chair Mr. Carter nominated Ms. Kennedy as Chair for the Planning Commission and Mr. Merritt seconded the motion. There being no other nominations, a vote was taken with all in favor. Ms. Coggin nominated Mr. Pence for Vice Chair, and Mr. Carter seconded the motion. There being no other nominations, a vote was taken with all in favor. B. Final Plat Approval for Kings Flats Mr. Pope indicated this vote is a formality as this project has already been approved as a planned development. The final plat approval is needed to move forward with construction and no changes can be made to the plat. Ms. Kennedy

3 made a motion to approve and Ms. Coggin seconded the motion. Mr. Pope noted that James Island s approval was necessary as they provide water to the site. A vote was taken with all in favor. C. Review of Sign Ordinance Changes (Public Hearing in September) Mr. Pope reviewed the proposed changes to the ordinance, including clearer language regarding For Rent/For Sale signs as the City Attorney said the current ordinance as written is not defendable in court. Discussion ensued as to what is currently allowed and not allowed. Mr. Anderson wondered about leaving the ordinance as is until challenged in court, to which Mr. Pope stated that staff would then require clear guidance on what is allow and what is not. Further discussion included numerous what if scenarios. Mr. Pope said he would invite Mr. Wilson to the next meeting to answer their concerns. He said he expects numerous amendments to be offered to the ordinance. He encouraged Commission members to send their questions to him ahead of time. He also said he would bring samples of proposed allowable signs to the September meeting. D. Review of new parking requirements for residential and tourist accommodations in the Downtown Commercial District (public hearing in September) Mr. Pope reviewed the history of parking in the downtown commercial district, noting that this ordinance will be pending after tomorrow night s City Council meeting. He proposed, to reinstate the parking requirements for residential and tourist accommodation uses in the downtown district. He then gave a brief review of the current projects in the district and their potential parking needs. Ms. Kennedy stated that downtown accommodations should provide parking for their guests. Mr. Pope noted this is the perfect time to make changes to the parking ordinance and encouraged commissioners to bring their ideas to the meeting next month. E. Assignments for preservation and architectural incentives subcommittees Mr. Pope reported on the meeting last month between Planning Commission and DRB members, We talked about developing some sort of scheme out here for incentivizing people to either keep the old houses or developing some sort of agreed upon, very basic, vernacular-type of inclusions for new construction and how we can encourage people to do that without actually regulating it. Mr. Barker reviewed a proposed list of ideas and incentives for preservation. Mr. Barker and Mr. Norton volunteered to be on a subcommittee tasked with focusing on preservation and architectural standards as well as financial incentives. Mr. Pope said anyone else interested in serving on that subcommittee should him. He noted this subject will return for further discussion in October.

4 8. Staff Comments Mr. Pope shared that the proposed rules for short-term rentals will be discussed during the City Council work session tomorrow evening. He reviewed some areas of concern in the proposed ordinance. He encouraged the commissioners to watch the work session, adding this very topic will be on their work session agenda next month. Mr. Anderson expressed concern about scam rentals via Craigslist and asked what the City could do to prevent these from happening. Mr. Pope said the City could not do much other than provide a listing of legitimate short-term rentals on the City s website and hope people will look at that before sending money to anyone. 9. Commission Comments 10. Adjournment at 8:25pm.

5 Alternative Parking Plan (C) Off-site parking for nonresidential uses. All off-street parking areas for any nonresidential use shall be provided on the same parcel of land as the use it serves; provided, however, that where there are practical difficulties in the location of the parking area or if the public safety or public convenience, or both, is better served by its location on another parcel of land. Off-site parking for nonresidential uses shall comply with the following standards: We believe there are practical difficulties along with concerns for public safety and public convenience would exist if we were to include a parking area on the same parcel of land as the Inn is located. To include parking at the Inn s location would require the removal of large oak trees. We are environmentally minded and wish to preserve these trees. Additionally, a parking situation at the Inn would result in tight access for fire and or emergency response vehicles. By moving the parking offsite the crowding will be averted. (1) Same ownership. The parking area is located on land under the same ownership or the use it serves. (2) Pedestrian way required. A pedestrian way, not more than 600 feet in length, is established from the parking area to the use to be served. We feel that we are able to meet the additional requirements for the offsite parking proposal as well. We own both the parcel of land the Inn is located on as well as the parcel the offsite parking is proposed to be positioned. By allowing this proposal to move forward we can then improve the mid-block right of way and shoulder of East Huron, for this pathway, thus creating a safe and comfortable pedestrian way and conserving public funds for enhancing this area. The walkway would not exceed 600 feet in length and there does not appear to be an intention within the city ordinance section that the walkway be created on private property only. (3) No undue hazard. The parking area is convenient to the use without causing unreasonable: (a) Hazard to pedestrians; (b) Hazard to vehicular traffic; (c) Traffic congestion; (d) Interference with commercial activity or convenient access to other parking areas in the vicinity; (e) Detriment to the appropriate use of business lands in the vicinity; or (f) Detriment to any residential neighborhood. Additionally, no undue hazards will be created by allowing the offsite parking for the Inn. Pedestrian hazards would be avoided since the path leads people down the mid-block right of way and through a cross walk that is presently identified as a pedestrian path. The walkway improvements will encourage people to use this path and therefore reduce the amount of people walking unsafely on East Huron. We also believe the impact of the offsite parking for 10 vehicles is not great enough to create hazards to vehicular traffic, traffic congestion, interference with commercial activity or convenient access to other parking areas in the vicinity, detriment to the appropriate use of business lands in the vicinity or detriment to any residential neighborhoods.

6 CITY OF FOLLY BEACH 1 st Reading: August 8, 2017 Introduced by: Mayor Goodwin 2 nd Reading: Date: August 8, 2017 ORDINANCE AN ORDINANCE AMENDING CHAPTER 166, DEVELOPMENT STANDARDS, OF THE FOLLY BEACH CODE OF ORDINANCES SECTION , OFF STREET PARKING AND LOADING, BY AMENDING THE REQUIREMENTS FOR OFF STREET PARKING IN THE DOWNTOWN DISTRICT. The City Council of Folly Beach, South Carolina, duly assembled, hereby ordains that the Folly Beach Code of Ordinance be amended as follows: NOTE: Deleted material struck through; new material in red. Section Applicability. (A) General. The off-street parking and loading standards of this section shall apply to all development in the city, except development that in the Downtown Commercial zoning district parking shall only be required for Residential and Tourist Accommodations uses. (B) Expansions and alterations. The off-street parking and loading standards of this section shall apply when an existing structure or use is expanded, enlarged, or otherwise increased in capacity, or where there is a change in use and such expansion or change in use will result in increased vehicle trips to the existing structure or use. (Ord , passed ) ADOPTED this day of 2017, at Folly Beach, South Carolina. Ayes: Nays: Abstains: Signature Attest Tim Goodwin, Mayor

7 From: Aaron Pope, AICP To: Mayor/City Council RE: Short Term Rental Rules Date: 8/8/17 Mayor/City Council: This memo is a summary of the process and recommendations for the short term rental ordinance that will be up for review at the August work session. Staff, in conjunction with a citizen working group, developed these proposals over the last two months in a series of 1 hour roundtables. The members of the group were selected to represent varying perspectives on short term rentals. The group consisted of representatives from Council, rental owners, rental management companies, single family owners, multifamily owners, the public works department, the public safety department, the City Attorney and the planning department. The scope of work assigned to the group was to create minimal, narrowly tailored, and clearly communicated set of requirements for short term rentals. We focused on five areas: 1) What are the main livability issues associated with short term rentals? We discussed noise complaints, occupancy, geographic limitations, and special events. 2) How can owners/agents be more held responsible for issues at short term rental units? 3) What information needs to be communicated to guests by owners/agents? 4) What information needs to be communicated to owners/agents by the City? 5) How can we insure compliance with licensing and tax payments? The proposed ordinance has a mix of provisions meant to address each of the five areas. Livability 1) Maximum overnight occupancy changed to 2 per bedroom plus 2 (based on DHEC septic approval standards) 2) Changes to the limits on events to make them apply to all events at any short term rental property. 3) A limit of 49 people (based on fire code of only one exit) at any event held at a short term rental. 4) Clarification that amplified outdoor music/dj/musical instruments are prohibited, and that the noise ordinance is also still in effect at all times. 5) Clarification that no food trucks/carts are allowed, caterers are ok. 6) The creation of an optional Neighborhood Preservation Overlay that would allow owners to request that the City rezone certain areas to prohibit short term rentals.* 7) Prohibiting individual rooms to be rented to different people.

8 *the work group was not tasked with identifying specific areas of the City where rentals would be prohibited. However, certain members argued strongly for this assignment and wish to relay to Council their desire that geographic limits on rentals be imposed as part of any reworking of the rental ordinances. Owner Responsibility 1) New language in our general business license provisions that states that a short term rental license can be revoked for repeated violations at the property. 2) New language in the short rerm rental licensing provisions that states that owners are jointly responsible for violations regardless of their knowledge of violations. 3) New language in the noise ordinance that states that owners are jointly responsible for violations regardless of their knowledge of violations. 4) New language in the trash placement regulations that states that owners are jointly responsible for violations regardless of their knowledge of violations. 5) New language in the turtle lighting regulations that states that owners are jointly responsible for violations regardless of their knowledge of violations. 6) A new internal policy that warning will be given to rental properties when warranted and a ticket will be issued to the owner after three warnings/violations within a six month period. Information Shared Between Owner/Tenants/The City 1) Various changes to the information required on the rental registration form to include: copies of liability insurance, number of parking spaces, max occupancy, identification of sewer/septic, zoning compliance statement, joint liability for violations statement, and a doubling of the fee after March 15. 2) Simplifying the rule sheet posted in rentals. 3) Requiring that renters be provide the address and emergency contact for the rental. Tax and Licensing 1) Owners to post license numbers in the unit and on all online/print advertising. 2) Adding language to rental registration to acknowledge responsibility for payment. In addition to the proposed changes that directly regulate rentals, it was necessary to address a few other sections of our code to integrate our new approach into the existing structure of our zoning and licensing ordinances. 1) Chapter 163 was amended to clarify that short term rentals were an allowable use in all zoning districts and to create the new neighborhood preservation overlay district. 2) Chapter 164 was amended to define short term rentals as a distinct type of residential use and to distinguish short term rentals from tourist accommodations like hotels, motels, and inns. 3) The noise, trash, and turtle ordinances were amended to specifically create liability for owners for these common violations at rental properties.

9 CITY OF FOLLY BEACH 1 st Reading: August 8, 2017 Introduced by: Mayor Goodwin 2 nd Reading: Date: August 8, 2017 ORDINANCE AN ORDINANCE AMENDING CHAPTER 110 (GENERAL LICENSING PROVISIONS), CHAPTER 117 (SHORT TERM RENTALS), CHAPTER 163 (ZONING DISTRICTS), CHAPTER 164 (USE STANDARDS), CHAPTER 131 (OFFENSES AGAINST PUBLIC PEACE), CHAPTER 50 (GARBAGE, TRASH, DEBRIS), AND CHAPTER 151 (BEACH PRESERVATION) OF THE FOLLY BEACH CODE OF ORDINANCES BY AMENDING LICENSING AND REGISTRATION REQUIREMENTS FOR SHORT TERM RENTALS, CREATING STANDARDS FOR EVENTS HELD ON PROPERTIES USED AS SHORT TERM RENTALS, DEFINING SHORT TERM RENTALS AS AN ALLOWABLE USE, CREATING THE NEIGHBORHOOD PRESERVATION OVERLAY DISTRICT, AND ALLOWING PENALTIES TO BE ASSESSED TO THE OWNERS OF SHORT TERM RENTALS FOR NUISANCE VIOLATIONS. The City Council of Folly Beach, South Carolina, duly assembled, hereby ordains that the Folly Beach Code of Ordinance be amended as follows: NOTE: Deleted material struck through; new material in red. CHAPTER 110, GENERAL LICENSING PROVISIONS SECTION SUSPENSION OR REVOCATION OF LICENSE. (A) When the License Official determines that: (1) A license has been mistakenly or improperly issued or issued contrary to law; or (2) A licensee has breached any condition upon which the license was issued or has failed to comply with the provision of this chapter; or (3) A licensee has obtained a license through a fraud, misrepresentation, a false or misleading statement, evasion or suppression of a material fact in the license application, including any communications made by the licensee or its agent in the application process; or (4) A licensee has been convicted of an offense under a law or ordinance regulating business, a crime involving moral turpitude, or an unlawful sale of merchandise or prohibited goods; or (5) A licensee has engaged in an unlawful activity, including but not limited to a violation of city, county, state or federal law, ordinance or regulation; (6) The licensee s operation of the business constitutes a public nuisance;

10 (7) The owner of a property used as a Short Term Rental has allowed repeated violations of noise, trash, turtle lighting, requirements for special events, or other City ordinance to occur on the premises of the Short Term Rental; or (8) A licensee is delinquent in the payment to the city of any tax or fee. The License Official shall give written notice to the licensee or the person in control of the business within the city by personal service or certified mail that the license is suspended pending a hearing before City Council for the purpose of determining whether the license should be revoked. The notice shall state the time and place at which the hearing is to be held, which shall be within 30 days from the date of service of the notice. The notice shall contain a brief statement of the reasons for suspension and proposed revocation and a copy of the applicable provisions of this chapter. A licensee may surrender the business license and cease doing business prior to the revocation hearing date. The License Official has the discretion to cancel the hearing after surrender of the business license. (B) Licensees or businesses that continue operations after the revocation of a business license will be subject to prosecution for doing business without a license the earlier of: (1) 45 days after notice of suspension; (2) ten days after issuance of the City Council's written decision after revocation hearing; or (3) immediately following the surrender of a license. (Ord , passed ; Am. Ord , passed ) CHAPTER 117, SHORT TERM RENTALS REGISTRATION OF SHORT TERM RENTALS REQUIRED. In order to receive a business license for the rental of residential property all owners of rental dwellings shall register the rental property with the city on an application in a form provided by the city. At the time an application is filed a registration fee in an amount established from time to time by City Council shall be paid in full. (A) Annual registration. The annual registration date shall be January 1 of each year and all fees required by this chapter shall be paid on or before February 15 of each year. (B) Registry of new rental dwellings. The owner of a new rental dwelling or of any dwelling newly converted to a rental dwelling shall register the rental dwelling prior to obtaining a business license to rent the property. (C) Change in registered information. The owner of a rental dwellings already registered with the city shall re-register within 60 days after any change occurs in the registration information. A new owner of a registered dwelling shall re-register the dwelling within 60 days of assuming ownership. (D) Information required. Application for rental registration shall contain the following information: (1) The address of the rental dwelling; (2) The number or rental dwelling units; (3) The name, residence address, business phone, personal phone, and business address or the owner and local agent; (4) The address where the owner and/or local agent will accept notices and orders from the city;

11 (5) Acknowledgment that the owner has read applicable Folly Beach Codes including, but not limited to, regulations regarding trash, parking, alcohol, animal, litter, surfing, dune protection, sea turtle and golf carts; (6) Acknowledgment that the owner has prominently posted within the property a summary of applicable Folly Beach Codes including, but not limited to, regulations regarding trash, parking, alcohol, animal, litter, surfing, dune protection, sea turtle and golf carts; (7) Acknowledgment that tenants listed on any rental agreements will receive a summary of Folly Beach Codes including, but not limited to, regulations regarding trash, parking, alcohol, animal, litter, surfing, dune protection, sea turtle and golf carts. (a) The summary of applicable codes shall be in a form determined by the city and made available to all owners of rental property. (E) Inaccurate or incomplete register information. It shall be a violation of this article for an owner to provide inaccurate information for the register of rental dwellings or to fail to provide information required by the application. (F) Designation of local agent. The owner of a rental dwelling shall designate a responsible agent who shall be legally responsible for operating such rental dwelling in compliance with the law. Official notices may be served on the responsible local agent and/or the owner and any notice served on the agent shall be deemed to have been served upon the owner of record. (1) Nothing shall prevent the owner of rental property from designating himself or herself as the agent. (2) The agent shall be required to be able to physically respond to the site within 30 minutes in case of emergency or need by the city for entry into the property. (G) More than one owner or ownership by entity. Where more than one person has an ownership interest, the required information shall be provided for each owner. In those cases in which the owner is not a person, the information required for the register shall be provided for the organization owning the rental dwelling and for the president, general manager, or other chief executive officer of the organization. (Ord , passed ) RECORDS REQUIRED FOR SHORT TERM RENTALS. (A) All owners and/or agents responsible for the leasing of short term rentals shall be required to keep for the purpose of city inspection and copying for a period of one year the following: (1) The name, address, and other contact information of each signatory on the rental agreement; (2) A document signed by the person responsible for renting the dwelling certifying the number of persons intended to occupy the dwelling. (B) The information required by this section shall be updated by the owner and/or agent for each rental to different tenants or occupants. (C) Compliance with this section may be achieved through the inclusion of the required information into a rental agreement or lease signed by each occupant. (Ord , passed ) DEFINITIONS. For purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. OCCUPANT. Any person, other than a legal or equitable title holder, occupying or possessing all or part of a short term rental property.

12 RENTAL DWELLING or RENTAL PROPERTY. Any residential dwelling which is in whole or in part occupied by one or more person(s) pursuant to an oral or written agreement for monetary or any other consideration, but which person(s) is not acquiring an ownership interest in the dwelling. This shall include single-family, two-family, and multi- family properties and short term rentals. SHORT TERM RENTALS. Any residential property providing transient accommodations for periods of less than one month. TENANT. Any person, other than a legal or equitable title holder, occupying or possessing all or part of a rental dwelling. (Ord , passed ) SECTION PURPOSE, APPLICABILITY AND DEFINITIONS (A) The purpose of this Chapter is to regulate the use of residential units as short-term rentals in order to: 1. Protect the integrity of the City s neighborhoods and the quality of life of its citizens; 2. Establish a system to track the short term rental inventory in the City; 3. Protect the health and safety of occupants of short term rental units; 4. Balance the economic opportunity offered to owners by short term rentals with the need for long term and permanent housing; and 5. Ensure a level playing field for individuals in the short term rental market. (B) The provisions of this Chapter shall be jointly applicable to both the owners and occupants of any Short Term Rental. Owners can be held liable for violations of any City ordinance regardless of the owner s actual knowledge of the violation. (C)The following definitions apply: 1. Short Term Rentals are defined by the accommodation, for a period of less than 30 days, of transient visitors in a residential unit used in a manner consistent with the residential character of the zoning district. Tourist Accommodations including hotels, motels, inns, and bed and breakfasts are not considered Short Term Rentals. 2. Rental Occupant shall mean any guest, tourist, lessee, vacationer or other person who in exchange for compensation paid, occupies a dwelling unit for less than 30 days. SECTION LICENSE, REGISTRATION, AND TAX REQUIREMENTS Any owner wishing to operate a Short Term Rental must maintain a current business license, comply with rental registration requirements, and make proper payment of local, county, and state taxes. (A) Business License. Business licenses must be renewed annually by the submittal of the form as established by the City. The business license account number for each short term rental must be prominently displayed in the rental unit as well as in any advertisement for the rental of the unit excluding signs posted on the rental property.

13 (B) Rental Registration. A rental registration must be completed on an annual basis for any Short Term Rental on an application in a form provided by the city. At the time an application is filed a registration fee in an amount established from time to time by City Council shall be paid in full. (1) Annual registration. The registration fee shall be paid March 15 of each year. Any registration paid after this date shall be doubled. (2) Change in registered information. The owner of a rental dwellings already registered with the city shall re-register within 60 days after any change occurs in the registration information. A new owner of a registered dwelling shall re-register the dwelling within 60 days of assuming ownership. (3) Information required. Application for rental registration shall contain the following information: (a) The address of the rental dwelling; (b) The number or rental dwelling units; (c) The number of bedrooms in each unit; (d) The number of parking spaces provided on site; (e) The maximum overnight occupancy of each unit, which shall not exceed 2 persons per bedroom plus 2 additional people per unit; (f) The type of wastewater system (septic or sewer); (g) The name, residence address, business phone, personal phone, and business address or the owner and local agent; (h) The address where the owner and/or local agent will accept notices and orders from the city; (i) Acknowledgment by the owner that the unit complies with all applicable zoning, building, health and life safety code provisions; (j) Acknowledgement by the owner that there is sufficient liability insurance (a minimum of $1,000,000) coverage and a copy of the certificate of insurance; (k) Acknowledgment that the owner has read applicable Folly Beach Codes including, but not limited to, regulations regarding trash, parking, alcohol, animal, litter, surfing, dune protection, sea turtle and golf carts; (l) Acknowledgment that the owner has prominently posted within the property a summary of applicable Folly Beach Codes including, but not limited to, regulations regarding trash, parking, alcohol, animal, litter, surfing, dune protection, sea turtle and golf carts; (m) Acknowledgment that tenants listed on any rental agreements will receive a summary of Folly Beach Codes including, but not limited to, regulations regarding trash, parking, alcohol, animal, litter, surfing, dune protection, sea turtle and golf carts. The summary of applicable codes shall be in a form determined by the city and made available to all owners of rental property. (n) Acknowledgement by the owner that owners and occupants are jointly responsible for the compliance by the occupant for any and all applicable laws, rules, and regulations pertaining to the use and occupancy or the Short Term Rental, and for any noise, disturbance or unruly conduct of the occupant while on the premises of the Short Term Rental. Violations may result in penalties for both occupants and owners. (4) Inaccurate or incomplete register information. It shall be a violation of this article for an owner to provide inaccurate information for the register of rental dwellings or to fail to provide information required by the application.

14 (5) Designation of local agent. The owner of a rental dwelling shall designate a responsible agent who shall be responsible for operating such rental dwelling in compliance with the law. Official notices may be served on the responsible local agent and/or the owner and any notice served on the agent shall be deemed to have been served upon the owner of record. (a) Nothing shall prevent the owner of rental property from designating himself or herself as the agent. (b) The agent shall be required to be able to physically respond to the site within 30 minutes in case of emergency or need by the city for entry into the property. (6) More than one owner or ownership by entity. Where more than one person has an ownership interest, the required information shall be provided for each owner. In those cases in which the owner is not a person, the information required for the register shall be provided for the organization owning the rental dwelling and for the president, general manager, or other chief executive officer of the organization. (Ord , passed ) (C) Taxes. Owners of Short Term Rentals are subject to local, county, and state taxes including but not limited to sales, use, and accommodations taxes and are liable for the payment thereof as established by state law and the Folly Beach Code. The City may seek to enforce payment of all applicable taxes to the extent provide by law. SECTION ADDITIONAL REQUIREMENTS FOR SHORT TERM RENTALS. (A) All owners and/or agents responsible for the leasing of short term rentals shall be required to keep for the purpose of city inspection and copying for a period of one year the following: (1) The name, address, and other contact information of each signatory on the rental agreement; (2) A document signed by the owner and/or agent responsible for renting the dwelling certifying the number of persons intended to occupy the dwelling. (3) The information required by this section shall be updated by the owner and/or agent for each rental to different tenants or occupants. (4) Compliance with this section may be achieved through the inclusion of the required information into a rental agreement or lease signed by each occupant. (B) Each person signing a rental agreement as a responsible party for a Short Term Rental shall be provided the following: (1) The address of the Short Term Rental and emergency contact numbers; (2) The name and contact information for the owner or designated agent; (3) A copy of the City s rules and regulations including, but not limited to, regulations regarding trash, parking, alcohol, litter, dune protection, sea turtle and golf carts. (C) Rental occupants shall utilize, to the maximum extent possible, off street parking. (D) Individual rooms in Short Term Rentals may not be rented to more than one party under separate contracts at the same time.

15 (E) All Rental Occupants shall abide by any applicable noise restrictions of the Folly Beach Code of Ordinances. It shall be the duty of the owner or manager of any Short Term Rental to ensure compliance with noise and other applicable regulations. (F) Effective January 1, 2018 any events held on the premises of a Short Term Rental: (1) Must follow any applicable special event notification rules established by the City for events on private property; (2) May not exceed 49 people; (3) May not feature outdoor amplified music to include bands, deejays, music broadcast through speakers and electronic musical instruments; (4) Shall be subject to all applicable provisions of the noise ordinance; (5) May not feature mobile food trucks or carts offering products for sale or in exchange for donations. Caterers are allowed at events on short term rentals CHAPTER 163 ZONING DISTRICTS SECTION RESIDENTIAL DISTRICTS AND SPECIFIC PURPOSES (A) Single-Family Residential (RSF). The RSF District is established as a district in which the principal use of land is single-family detached residential development at moderate densities. The regulations of this district are intended to prohibit any use that substantially interferes with the development of single-family detached dwellings and that is detrimental to the quiet residential nature of the district. Complementary uses customarily found in residential zoning districts, such as community centers, religious institutions under 3,500 square feet in area, private docks, parks, and playgrounds are permitted. Short Term Rentals are allowed subject to the requirements of Chapter 117 of the Folly Beach Code of Ordinances. Accessory dwelling units are not permitted. The minimum lot area for development is 10,500 square feet and the maximum density allowed is four dwelling units per acre. Maximum lot coverage in the district is 35% of a lots high ground area. (B) Two-Family Residential (RTF). The RTF District is established as a district in which the principal use of land is single-family detached and two-family residential development at moderate densities. The regulations of this district are intended to prohibit any use that interferes with the quiet residential nature of the district. Complementary uses customarily found in residential zoning districts, including religious institutions under 3,500 square feet in area, civic institutions less than 5,000 square feet in area, community centers, private docks, parks, and playgrounds are permitted. Short Term Rentals are allowed subject to the requirements of Chapter 117 of the Folly Beach Code of Ordinances. Accessory dwelling units are not permitted. The minimum lot area for development is 10,500 square feet and the maximum density allowed is eight units per acre. Duplex dwellings located upon a single lot may be detached structures. Maximum lot coverage in the district is 35% of a lots high ground area. (C) Multi-Family Residential (RMF). The RMF district is established and intended to encourage a wide range of medium and high density housing types, especially multiple family development, although single-family dwellings and two-family dwellings are also allowed. In addition to the range of complementary uses typically found in residential zoning districts,

16 limited neighborhood-serving nonresidential uses (e.g., day cares, parking lots, and Type I retail uses) are permitted as special exception uses (See Table , Table of Allowed Uses), but accessory dwelling units are prohibited. Short Term Rentals are allowed subject to the requirements of Chapter 117 of the Folly Beach Code of Ordinances. The minimum lot area for all permitted uses (except townhouses) is 10,500 square feet. Individual townhouse units may be located on 3,500 square foot lots, provided the townhouse development includes the minimum open space set-aside required in , Open Space Standards. Multi-family development shall include at least 3,500 square feet of lot area per dwelling unit, but in no instance shall multi-family development exceed 12 units per acre. Maximum lot coverage in the district is 35% of a sites total high ground. SECTION NONRESIDENTIAL DISTRICTS AND SPECIFIC PURPOSES. (A) Downtown Commercial (DC). (1) Purpose and intent. The DC District is established as a commercial focal point for Folly Beach characterized by a vibrant mix of retail, service, restaurant, entertainment, cultural, governmental, civic, residential, and visitor-service uses unique to the city. The district is intended to: (a) Protect and enhance the unique aesthetic and architectural character of Folly Beach's downtown; (b) Allow for a diverse mix of business, office, institutional, recreational, and residential uses above street-level; (c) Encourage pedestrian-friendly development; (d) Require new development that is consistent with the existing template of downtown development; and (e) Promote the economic and development potential of Folly Beach while also protecting its unique character. (2) District-specific standards. In addition to the other standards in this ZDO, development in the DC District shall comply with the following: (a) Mixed-use structures in the DC District shall not include residential uses on the ground floor of the structure. (b) Commercial uses on ground floor shall not be converted to a residential use. (c) Nonconforming lots of record lawfully established on or before April 13, 1999 may be developed in accordance with the standards in (C), Lots in the DC and IC Districts. (d) Residential uses located above a nonresidential use in the DC District shall not exceed two stories or 35 feet above base flood elevation. (e) Lot coverage is limited to a maximum of 50% of the lots high ground area. (f) Except where exempted by the Design Review Board, new development on lots in the DC district fronting Center Street shall be built to the edge of the sidewalk or right-of-way edge. (g) New development in the "A" Flood Zone shall be: 1. Elevated and enclose the entire perimeter of the structure below the base flood elevation with solid walls which are hydrostatically vented and aesthetically incorporated into the overall design of the structure; or 2. Floodproofed in lieu of elevating. (h) New development on lots fronting Center Street located in the "V" Flood Zone shall be elevated and shall enclose the entire perimeter of the structure below the base flood elevation

17 with solid breakaway walls which are aesthetically incorporated into the overall design of the structure. (i) Short Term Rentals are allowed subject to the requirements of Chapter 117 of the Folly Beach Code of Ordinances. (B) Island Commercial (IC). (1) Purpose and intent. The IC district is established to provide for a "resort center" within the city that provides a variety of visitor-oriented business services, including visitor lodging, visitor attractions, and support facilities. The district is intended to accommodate visitor-oriented structures such as hotels, bed and breakfast inns, and time share units. Indoor and outdoor recreational facilities, parking, and low-intensity retail uses are also appropriate. This district is intended to foster pedestrian access particularly along the beachfront, in order to minimize traffic impacts to surrounding residential areas. Short Term Rentals are allowed subject to the requirements of Chapter 117 of the Folly Beach Code of Ordinances. Multi-family dwellings, accessory dwelling units, and intense commercial uses are prohibited. The minimum lot area for residential uses is 10,500 square feet and 5,250 square feet for all other uses. Duplex dwellings located upon a single lot may be detached structures. Lot coverage is limited to 35% of the lots high ground area. (2) District-specific standards. (a) Mixed-use structures in the IC District shall not include residential uses on the ground floor of the structure. (b) Commercial uses on ground floor shall not be converted to a residential use. (c) Nonconforming lots of record lawfully established on or before April 13, 1999 may be developed in accordance with the standards in (C), Lots in the DC and IC Districts. (d) All development in the IC District shall not exceed two stories or 40 feet above base flood elevation. (C) Marine Commercial (MC). The MC District is established to recognize areas within the city where, due to proximity to navigable waterways, commercial marine related-activity takes place. A full range of marine-related uses (e.g., docks and marinas), major and minor utilities, and outdoor storage facilities are appropriate uses in addition to limited residential uses, institutional uses, and limited retail uses. Short Term Rentals are allowed subject to the requirements of Chapter 117 of the Folly Beach Code of Ordinances. Applications to amend the official zoning map to establish or expand the MC District are prohibited. (D) Corridor Commercial (CC). The CC District is established and intended to provide for a wide variety of general retail and high intensity residential and nonresidential uses located along the Folly Road corridor north of the Folly Creek Bridge, and to maintain scenic vistas along this corridor. The CC District is intended to accommodate the largest and most intense form of retail in the city (those uses greater than 10,000 square feet). Visitor-oriented services including hotels and indoor and outdoor recreational facilities are also permitted.. Short Term Rentals are allowed subject to the requirements of Chapter 117 of the Folly Beach Code of Ordinances. Maximum lot coverage is limited to 35% of a lots high ground, and maximum building heights are limited to 35 feet above base flood elevation. Detached units may be located on individual lots, provided the newly created lots extend no more than five feet from the building envelope

18 and the development includes the minimum open space set-aside required in , Open Space Standards. SECTION NEIGHBORHOOD PRESERVATION OVERLAY DISTRICT (NPOD). (A) Purpose and intent. The intent of the Neighborhood Preservation District is to protect the integrity of residential areas by limiting the encroachment of Short Term Rentals. Any addition to the NPOD must consist of a minimum of ten contiguous properties in the Residential Single and Two Family Districts. In the Residential Multifamily and Commercial Districts, the NPOD shall only be applied to entire developments. No request for application of the NPOD shall be acted upon without the signatures of at least 10% of the properties owners within the proposed boundaries. (B) Location. The NPOD shall be only be applied upon successful petition for rezoning to City Council, as depicted on the official zoning map. (C) Conflict. The NPDO zoning district regulations of this chapter apply in addition to the underlying (base) zoning district regulations. In case of conflict between the NPOD regulations and other regulations in this ZDO, the most restrictive regulations shall control. (D) Short Term Rentals are prohibited in the NPOD. CHAPTER 164 USE STANDARDS SECTION TABLE OF USES TABLE : TABLE OF ALLOWED USES P = Permitted S = Special Exception A = Allowed in PD District Blank Cell = Prohibited Use Category Use Type Zoning District RESIDENTIAL USE CLASSIFICATION Household Living Residential Nonresidential PD (1) RSF RTF RMF DC IC MC CC CN Multi-family dwelling P P P A Additional Standards (A)(1) Single-family dwelling P P P P P P P A Two-family dwelling P P P P P P A (A)(2) Townhouse P P A

19 Group Living Short Term Rentals Residential unit over nonresidential use P P P P P A Family day care home P P P P P P P A Group day care home P P P P P P P A Rooming house A (B)(1) (B)(2) (B)(3 P P P P P P P A (C) SECTION Residential Use Categories. (A) Household living. (1) Characteristics. Household living is characterized by the residential occupancy of a dwelling unit by a household. Accessory uses commonly associated with household living are recreational activities, raising of pets, hobbies, and parking of the occupants vehicles. Home occupations are accessory uses that are subject to additional regulations. (See (C)) Owner occupied dwelling units in which the owner rents individual rooms to transient guests shall be subject to the use standards for Short Term Rentals. (2) Examples. Examples include occupancy of single-family houses, two-family houses, and other multi-dwelling structures; some group home facilities, if the individual units meet the definition of "dwelling unit"; manufactured homes; and other structures with self-contained dwelling units. Mobile homes are prohibited. (3) Exceptions. Lodging in a dwelling unit or where units are rented on a less than monthly basis is classified in the visitor accommodations category. (B) Group living. (1) Characteristics. Group living is characterized by the residential occupancy of a structure by a group of people who do not meet the definition of "household". The size of the group may be larger than the average size of a household. Generally, group living structures have a common eating area for residents. The residents may receive care, training, or treatment, as long as the caregivers also reside at the site. Common accessory uses include recreational facilities, dining facilities, and parking of vehicles for occupants and staff. (2) Examples. Examples include group day care homes or rooming houses. (3) Exceptions. (a) Lodging where tenancy may be arranged for periods of less than 30 days and no care, training, or treatment is provided is classified as visitor a Short Term Rentals. (b) Lodging where the residents meet the definition of "household" and where tenancy is arranged on a month-to-month basis or for a longer period is classified as household living. (c) Most group home facilities are classified as institutions. However, group home facilities where individual units meet the definition of a "dwelling unit" in Chapter 161, Definitions are classified as household living. (4) Exemptions. In accordance with S.C. Code (E), as amended, homes licensed by the state to provide 24-hour care to nine or fewer mentally or physically handicapped persons are

20 exempt from the provisions of this ZDO. Such uses serving ten or more persons shall be considered as group home, nursing home, or assisted living facilities uses, as appropriate. (Ord , passed ) (C) Short Term Rentals. (1) Characteristics. Short Term Rentals are defined by the accommodation, for a period of less than 30 days, of transient visitors in a residential unit used in a manner consistent with the residential character of the zoning district. (2) Examples. Rental facilities where the owner does not live on site and no services are provided, non owner occupied units rented to either families or unrelated persons for any amount of time that is less than 30 consecutive days, or owner occupied units where individual rooms are rented to transient guests. SECTION Commercial Use Categories. (J) Tourist accommodations. (1) Characteristics. This category includes dwelling units buildings other than Short Term Rentals arranged for short-term stays of less than 30 days for rent, lease, or interval occupancy. This category also includes convention facilities primarily oriented for visitor use. Accessory uses may include pools and other recreational facilities, limited storage, restaurants, bars, meeting facilities, and offices. (2) Examples. Examples include vacation rentals, bed and breakfast inns, hotels, and hotels, motels, inns, and convention centers. SECTION Residential Uses. (A) Household living. (1) Multi-family dwelling. Multi-family dwellings shall comply with the following standards: (a) Parking structures may be permitted as an accessory use to serve any multi-family development provided the structure does not exceed 35 feet in height (from base flood elevation) and provided its visual impact on adjacent lands is mitigated through building placement, screening, or architectural treatment. (b) Multi-family structures shall be subject to the maximum height of the district where located, and shall not exceed two stories of heated floor area. (2) Two-family dwelling. (a) Two-family dwellings shall comply with the standards in , Single- and Two-Family Design Standards. (b) Nothing in this ZDO shall prevent a two-family dwelling on a lot in the RTF District from consisting of two detached structures. (B) Group living. (1) Group day care home. The number of children shall be limited to a maximum of eight children, including residents. (2) Family day care home. The number of children shall be limited to a maximum of five children, including the residents. (Ord , passed ) (C) Short Term Rentals. Short term rentals shall have a maximum overnight occupancy of 2 persons per bedroom plus 2 per unit.

21 CHAPTER 131 OFFENSES AGAINST PUBLIC PEACE SECTION NOTICE TO RENTERS ABOUT NOISE ORDINANCE REQUIRED. NOISE FROM SHORT TERM RENTAL PROPERTIES A) Owners of rental houses Short Term Rentals shall ensure that a city-prepared notice about the noise ordinance is posted in houses that are rented for 30 days or less and is included in all short and long term rental contracts. B) Owners of Short Term Rentals may be held liable for violations of the noise ordinance at rental properties regardless of the owners actual knowledge of the violation. CHAPTER 50 GARBAGE, TRASH, DEBRIS SECTION PLACEMENT OF TRASH FOR REMOVAL: RESIDENTIAL. (A) Natural trash. Natural trash shall be placed in the right-of-way adjacent to the property line. (1) Leaves, grasses, and other small yard trimmings shall be placed in a bio-degradable paper bag or approved roll cart for collection. No plastic bags shall be used for leaves or grass clippings. No household garbage or other materials may be placed with leaves or grass clippings. No mixed materials or plastic bags shall be collected by the city. Home composting of leaves and grass clippings is encouraged. Small tree limbs, bushes and similar yard waste shall be placed in a pile for convenient collection. (2) Logs, limbs, tree stumps, brush, and like materials shall be placed at the curb in the following manner: (a) Length of material shall not exceed four feet in length. (b) Diameter of material shall not exceed six inches. (c) All smaller branches shall be removed and these branches placed with (a) and (b) above in separate piles. (3) The city will only collect materials as listed in this category which are generated by the resident for routine landscape maintenance on developed lots. (4) When placed at the curbside for collection, materials shall not obstruct access to water meters, storm water collection boxes, sewer manhole covers, or fire hydrants. (5) No garbage shall be mixed with the items listed in this category. (6) No plastic bags shall be used for the disposal of any items listed in this category. (B) Manmade trash: residential. (1) Non recyclable bottles, cans, plastic containers, rubbish, small mechanical equipment and trash shall be placed in the 90-gallon or 45-gallon roll cart as garbage. (2) All garbage containers shall be placed at the curb adjacent to the street (coinciding with the resident's address) for removal. Garbage containers (90-gallon or 45-gallon roll carts) and blue recycle containers shall be placed in the street right-of-way for collection no earlier than 6:00 p.m. on the day prior to collection and moved from the right-of-way not later than 8:00 p.m. on the day of collection. Roll cart corrals may not be built on the public right-of-way unless required by the city for access, containment, and collection. (3) Disposal of furniture, carpets, rugs, beds, mattresses, springs, cupboards, appliances such as stoves, refrigerators, washing machines, dryers, water heaters, window air conditioning units, and like household items, requires the owner/agent to contact the Department of Public

22 Works and make an appointment for pick up. The material shall be placed out on the scheduled day for pick up (or night before). (4) Materials placed out for pick up without a scheduled appointment will be picked up by the Department of Public Works and the property owner/agent cited for improper disposal of trash by Code Enforcement or Public Works. (5) Natural trash shall not be mixed with manmade trash in the roll carts or piles for collection (see division (A) above). (C) Owners of Short Term Rentals may be held liable for violations of trash removal regulations at rental properties regardless of the owners actual knowledge of the violation. SECTION PLACEMENT OF TRASH FOR REMOVAL: COMMERCIAL. (A) Commercial establishments and multi-family complexes shall place refuse in either 90- gallon roll carts or commercial dumpsters for collection. Each roll cart and its contents may not exceed 200 pounds. (B) All business and multi-family garbage containers, whether city roll carts or commercial dumpsters, must be shielded from public view. (C) Disposal of large items such as tables, chairs, freezers, coolers, counters, display cases and similar items not fitting into a 90-gallon roll cart requires the owner/agent to contact the Department of Public Works and make an appointment for pick up. The material shall not be placed out for pick up more than two days prior to the scheduled date. (D) Items or materials placed out for pick up without a scheduled appointment will be picked up by the Department of Public Works and the owner/agent will be cited for improper disposal of trash by Code Enforcement. (E) Owners of Short Term Rentals may be held liable for violations of trash removal regulations at rental properties regardless of the owners actual knowledge of the violation. CHAPTER 151 BEACH PRESERVATION SECTION SHORT TERM RENTAL LIGHTING. Owners of Short Term Rentals may be held liable for violations of lighting requirments at rental properties regardless of the owners actual knowledge of the violation. ADOPTED this day of 2017, at Folly Beach, South Carolina. Ayes: Nays: Abstains: Signature Attest Tim Goodwin, Mayor

23 CITY OF FOLLY BEACH 1 st Reading: Introduced by: Mayor Tim Goodwin 2 nd Reading: Date: ORDINANCE XX-17 AN ORDINANCE AMENDING CHAPTER 110 (GENERAL LICENSING PROVISIONS), CHAPTER 117 (SHORT TERM RENTALS), CHAPTER 163 (ZONING DISTRICTS), CHAPTER 164 (USE STANDARDS), CHAPTER 131 (OFFENSES AGAINST PUBLIC PEACE), CHAPTER 50 (GARBAGE, TRASH, DEBRIS), AND CHAPTER 151 (BEACH PRESERVATION) OF THE FOLLY BEACH CODE OF ORDINANCES BY AMENDING LICENSING AND REGISTRATION REQUIREMENTS FOR SHORT TERM RENTALS, CREATING STANDARDS FOR EVENTS HELD ON PROPERTIES USED AS SHORT TERM RENTALS, DEFINING SHORT TERM RENTALS AS AN ALLOWABLE USE, CREATING THE NEIGHBORHOOD PRESERVATION OVERLAY DISTRICT, AND ALLOWING PENALTIES TO BE ASSESED TO THE OWNERS OF SHORT TERM RENTALS FOR NUISANCE VIOLATIONS. CHAPTER 110, GENERAL LICENSING PROVISIONS SECTION SUSPENSION OR REVOCATION OF LICENSE. (A) When the License Official determines that: (1) A license has been mistakenly or improperly issued or issued contrary to law; or (2) A licensee has breached any condition upon which the license was issued or has failed to comply with the provision of this chapter; or (3) A licensee has obtained a license through a fraud, misrepresentation, a false or misleading statement, evasion or suppression of a material fact in the license application, including any communications made by the licensee or its agent in the application process; or (4) A licensee has been convicted of an offense under a law or ordinance regulating business, a crime involving moral turpitude, or an unlawful sale of merchandise or prohibited goods; or (5) A licensee has engaged in an unlawful activity, including but not limited to a violation of city, county, state or federal law, ordinance or regulation; (6) The licensee s operation of the business constitutes a public nuisance; (7) The licensee s operation of a Short Term Rental has allowed repeated violations of noise, trash, turtle lighting, requirements for special events, or other applicablem City ordinance to occur on the premises of the Short Term Rental; or (8) A licensee is delinquent in the payment to the city of any tax or fee. 1