(a) A hotel owner or operator may seek a reasonable extension of the time during which the term “Tourist or Transient Use” means “any use of a guest room for less than a 7-day term of tenancy by a party other than a Permanent Resident” for a period longer than the two-year period set forth in Section 41.4, through the process described in subsections (b) and (c), below.
(b) The owner or operator may initiate an extension by submitting a request to the Building Inspection Commission (“Commission”) six months prior to the expiration of the two-year period set forth in Section 41.4. Commission staff shall amply publicize this deadline, to give notice to interested hotel owners of the provisions of this Section 41.23.
(c) The Commission shall consider the request at a public hearing and decide whether an extension (for the time requested, or for a different period of time) would be reasonable, according to the following factors:
(1) Total cost of the hotel owner or operator’s investments in the hotel;
(2) Length of time those investments have been in place;
(3) Suitability of the investments for residential hotel use; and
(4) Any other factors relevant to determining the owner or operator’s reasonable return on investments.
(Added by Ord. 36-23, File No. 220815, App. 3/24/2023, Eff. 4/24/2023)