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IN SB0382
Bill
Status
1/8/2018
Primary Sponsor
Mark Messmer
Click for details
AI Summary
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Local units of government cannot restrict or prohibit short-term rentals of a person's primary residence, except for public health and safety (fire, building safety, sanitation, transportation, traffic control, pollution control) and residential zoning issues (noise, welfare protection, property maintenance, nuisance).
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Enforcement of regulations on short-term rentals of primary residences must be performed in the same manner as enforcement for similar non-short-term rental properties.
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For residential property that is not the owner's primary residence, local units may require a special exception, special use, or zoning variance but cannot interpret or enforce zoning regulations in a manner intended to prohibit or unreasonably restrict all short-term rentals.
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Ordinances adopted before January 1, 1970 that restrict or prohibit short-term rentals are exempt from this chapter; a unit may repeal such ordinances but becomes subject to this chapter upon repeal.
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The chapter does not affect or preempt property or use restrictions contained in homeowners association rules or regulations or similar property owners associations.
Legislative Description
Preemption of local bans on short term rentals. Provides that a local unit of government (local unit) shall not adopt any ordinance that restricts or prohibits the use of a person's primary residence as a short term rental, except for the following purposes: (1) The protection of the public's health and safety. (2) Residential use and zoning related to noise, protection of welfare, property maintenance, and nuisance issues. Provides that, in the case of residential property that is not the person's primary residence, a local unit may require a special exception, special use, or zoning variance for the short term
Last Action
First reading: referred to Committee on Commerce and Technology
1/8/2018