4-17-040 Ordinance establishing a restricted residential zone.

   An ordinance introduced pursuant to Section 4-17-020 to establish a restricted residential zone shall:

   (a)   identify the applicable precinct boundaries as of the date of the Petition; and

   (b)   state whether the ordinance prohibits, and in what combination, the issuance of (1) all new or additional shared housing units or vacation rentals, or both; or (2) all new or additional shared housing units or vacation rentals, or both, that are not their owner's primary residence.

   (c)   apply to all such residentially zoned property within that precinct; and

   (d)   be in effect for four years following the effective date of such ordinance, unless repealed earlier pursuant to Section 4-17-050; and

   (e)   once in effect, be subject to renewal by ordinance at the expiration of the four year period without the need for another supporting Petition.

(Added Coun. J. 6-22-16, p. 27712, § 11)

4-17-045 Ordinances amending a restricted residential zone.

   (a)   If as the result of a ward redistricting, the boundaries of a restricted residential zone are no longer coterminous with the precinct in which it was established, the local alderman may introduce an ordinance to modify an existing restricted residential zone to coincide with the boundaries of the new precinct, without first filing a notice of intent or petition, provided that all of the following conditions are met:

      (1)   Any area added to and a portion of the existing restricted residential zone are now in the same precinct and comprise the entirety of such precinct following the most recent ward redistricting;

      (2)   The City Clerk determines that the 25% voter threshold established by the petition required in Section 4-17-020 is retained in the new precinct despite the alterations to the precinct boundaries This determination shall be made, pursuant to a rule duly promulgated by the Clerk;

      (3)   The ordinance referenced in subsection (a) of this Section is introduced into the City Council within one year of the effective date of the most recent ward redistricting ordinance.

   (b)   If the City Clerk determines pursuant to paragraph (a)(2) that the 25% threshold has not been maintained, then the previous restricted residential zone will expire upon the conclusion of its current term and shall not be renewed. With regard to the new precinct, a new successful notice of intent and petition will be required to establish that new precinct as a restricted residential zone.

   (c)   Any precinct amended pursuant to this section shall retain the original effective date of the existing restricted residential zone or the date of the most recent renewal ordinance for the zone, whichever is later, for the purpose of future restricted residential zone renewals.

(Added Coun. J. 4-19-23, p. 62663, § 1)

4-17-050 Restricted residential zone – Repeal.

   At any time during the four-year restricted period, the restricted residential zone may be repealed by ordinance, subject to the Petition and ordinance process and timelines set forth in this Chapter applicable to the imposition of that zone. A minimum of twelve months must elapse from the effective date of an ordinance repealing a restricted residential zone before a new notice of intent to create a restricted residential zone for that same precinct may be submitted.

(Added Coun. J. 6-22-16, p. 27712, § 11)

4-17-060 Restricted residential zone – Locations.

   The City Clerk shall publicly post online a list of current restricted residential zones, which shall include the effective date of the pertinent ordinance and a description of the scope of the restriction for each zone.

(Added Coun. J. 6-22-16, p. 27712, § 11)

4-17-070 Lawfully established uses – Permitted.

   If a shared housing unit or vacation rental that is located within a restricted residential zone was registered with or licensed by the City under Chapter 4-16 of this Code or Section 4-6-300 as of the effective date of the ordinance establishing such zone, such shared housing unit or vacation rental shall be deemed to be lawfully established and, notwithstanding any ordinance under this Chapter to the contrary, may be listed on a short term residential rental intermediary's platform or rented in conformity with Chapter 4-16 or Section 4-6-300, as applicable, until such time that the applicable registration or license is allowed to expire, as evidenced by non-renewal of the registration or license, or ownership or tenancy of the shared housing unit or vacation rental, as applicable, is transferred to another person. The burden of proof shall be on the Provider to establish that the shared housing unit or vacation rental was properly registered with or licensed by the City as of the effective date of the ordinance establishing the restricted residential zone.

(Added Coun. J. 6-22-16, p. 27712, § 11; Amend Coun. J. 11-7-22, p. 54948, Art. V, § 4)

4-17-080 Construction of chapter.

   This Chapter sets forth the exclusive process governing the restriction by geographic area of shared housing units or vacation rentals that would otherwise be permitted by the Code.

(Added Coun. J. 6-22-16, p. 27712, § 11)