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An ordinance codifying an updated version of BL2019-78, providing that non-owner-occupied short term rental properties be located at a minimum distance from churches, schools, daycares and parks, which ordinance was approved during a Council session in which the section of the Metropolitan Code to be amended by that ordinance was simultaneously moved to another title in the Code, rendering BL2019-78 un-codifiable.
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WHEREAS, the Metropolitan Council approved BL2019-78, an ordinance restricting non-owner-occupied short term rental properties within one hundred feet of churches, schools, parks, playgrounds, and daycare centers, on July 8, 2020, and it became effective on July 10, 2020; and
WHEREAS, the Metropolitan Council on July 8, 2020 also approved BL2020-187, an ordinance that effectively moved the short term rental property ordinances from title 17 to title 6, by repealing the prior short term rental ordinances and creating a new section 6.28.030 that addresses both owner occupied and non-owner-occupied short term rental permits and related issues; and
WHEREAS, BL2019-78 was passed before BL2020-187 during the same Metropolitan Council meeting, a fact that reflects that the Council wished to codify both ordinances, however, BL2019-78 could not be codified because it amended a section of the code that had been repealed and moved under BL2020-187; and
WHEREAS, the Metropolitan Council now wishes to codify BL2019-78 as it originally intended to do in July 2020; and
WHEREAS, in doing so the Metropolitan Council also wishes to clarify the language in the amendment to BL2019-78, which exempted certain properties then under development from the ordinance; and
WHEREAS, in doing so the Metropolitan Council also wishes to omit language in BL2019-78 that conflicts with state law, regarding the ordinance's applicability to properties whose permits have lapsed; and
WHEREAS, the reasons for passing BL2019-78 are the same now as they were in July 2020; and
WHEREA...
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