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On agenda:
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6/21/2022
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Final action:
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Title:
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Conduct a public hearing and approve, adopt, and authorize the Chair to sign an ordinance to amend Title 4, Chapter 4.08 of the Clark County Code to subject short-term rentals to the combined transient lodging tax; to amend Title 6, Chapter 6.12, to exclude short-term rentals from the definition of "vacation homes"; to amend Title 7 by adding new Chapter 7.100 ("Short-Term Rental Units") and a new Chapter 7.110 ("Accommodations Facilitators") to establish regulations pertaining to the licensing and operation of short-term rental units and accommodation facilitators, including license eligibility, operational requirements, fees, penalties, and enforcement; and to amend Title 30, Chapter 30.44 to allow licensed short-term rental units in residential zoning districts; and providing for other matters properly relating thereto. Commission District: All. (For possible action)
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CLARK COUNTY BOARD OF COMMISSIONERS
AGENDA ITEM
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Petitioner: |
Vincent V. Queano, Director of Business License |
Recommendation:
title
Conduct a public hearing and approve, adopt, and authorize the Chair to sign an ordinance to amend Title 4, Chapter 4.08 of the Clark County Code to subject short-term rentals to the combined transient lodging tax; to amend Title 6, Chapter 6.12, to exclude short-term rentals from the definition of “vacation homes”; to amend Title 7 by adding new Chapter 7.100 (“Short-Term Rental Units”) and a new Chapter 7.110 (“Accommodations Facilitators”) to establish regulations pertaining to the licensing and operation of short-term rental units and accommodation facilitators, including license eligibility, operational requirements, fees, penalties, and enforcement; and to amend Title 30, Chapter 30.44 to allow licensed short-term rental units in residential zoning districts; and providing for other matters properly relating thereto. Commission District: All. (For possible action)
body
FISCAL IMPACT:
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Fund #: |
1010.000 |
Fund Name: |
N/A |
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Fund Center: |
1110810010 |
Funded PGM/Grant: |
N/A |
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Amount: |
Unknown |
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Description: |
General Fund |
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Additional Comments: |
The amount of license fees to be remitted to the County are dependent upon the number of short-term rental units licensed and the number of rental units listed by accommodations facilitators. In addition to license fees, this ordinance will require the remittance of transient lodging taxes that are based on the rental value of the short-term rental units, which benefit multiple entities, such as the Las Vegas Convention & Visitors Authority, State Tourism, Clark County School District, Clark County Transportation Districts, State Education, the Stadium District, and Clark County. |
BACKGROUND:
Currently, transient commercial use of residential development for remuneration is prohibited in all residential zoning districts. With the proliferation of short-term residential rental units within the County the Nevada State Legislature approved Assembly Bill 363 (AB 363) and on June 4, 2022, the Governor of the State of Nevada signed into law AB 363 that requires Clark County to adopt and enforce an ordinance regulating: (a) the rental of a residential unit or a room within a residential unit for the purposes of transient lodging; and (b) accommodations facilitators.
AB 363 required the ordinance to contain certain provisions and certain minimum standards, such as (a) setting forth the requirements for an application ; (b) establishing the annual fees and minimum liability insurance coverage; (c) prohibiting the rental of a residential unit within an apartment building; (d) prohibiting the rental of a residential unit for less than a minimum number of days; (e) establishing requirements to ensure a minimum distance between residential units and between a residential unit and a resort hotel; (f) establishing the maximum occupancy requirements for a residential unit; (g) prohibit more than 10% of residential units within a multifamily dwelling; (h) prohibit residential units in common-interest communities unless the governing documents expressly authorize the rental of a residential unit for transient lodging purposes; (i) establish a maximum number of licenses that a person may hold; (j) establish a maximum number of licenses that may be issued for the rental of rooms within a single residential unit; (k) define "party" and prohibit the use of a residential unit for parties, weddings, events or other large gatherings; (l) establish specific requirements for noise, trash, and security; (m) establish a process for a person to report violations; and (n) establish a schedule of civil penalties for violations.
The proposed ordinance was introduced by the Board of County Commissioners on June 7, 2022, and a public hearing was set for June 21, 2022, at 10:00 a.m. Staff recommends approval of the ordinance to amend Title 4, Chapter 4.08; Title 6, Chapter 6.12; Title 7, Chapters 7.100 (NEW) and 7.110 (NEW); and Title 30, Chapter 30.44 of the County Code.
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