Termination of certain legal nonconforming uses after amortization.
(1) Except as provided in Subsection (3) below, The Zoning Board of Appeals may grant special approval for a short-term rental use subject to termination or a limitation on days under this §
270-219.7 to continue for a stated period of time after the termination or limitation takes effect, provided that the owner applies to the Zoning Board of Appeals by October 1, 2022, for such special approval, and further provided that the Zoning Board of Appeals finds that:
(a) The owner demonstrates that the short-term rental use is a legal nonconforming use; and
(b) The owner demonstrates through competent dollars-and-cents proof that prior to April 1, 2022, they made substantial financial expenditures unique to the short-term rental use; and
(c) The owner provides documentation of their total receipts from short-term rentals and expected revenue through the date of termination or limitation; and
(d) The owner demonstrates that they have not recovered substantially all of the financial expenditures related to the short-term rental use; and
(e) The owner demonstrates that they cannot obtain a reasonable return on their investment unique to the short-term rental use if the property is used for any other purpose permitted within the zoning district, and that the lack of a reasonable return is due solely to the termination or limitation on short-term rental days and not other market forces; and
(f) The extension period granted by the Zoning Board of Appeals is the minimum extension period necessary to mitigate the demonstrated loss of a reasonable return.
(2) The criteria for granting such special approval shall be as set forth above rather than the normal criteria in Article
XXIV for granting a special approval.
(3) For a short-term rental use that was previously allowed by or exempt from this §
270-219.7 and that is subject to termination on April 1, 2023 pursuant to amendments to this §
270-219.7 that become effective on April 1, 2023, the Zoning Board of Appeals may grant special approval for such short-term rental use to continue for a stated period of time after the termination takes effect, provided that the owner applies to the Zoning Board of Appeals by May 15, 2023, for such special approval, and further provided that the Zoning Board of Appeals finds that:
(a) The owner demonstrates that the short-term rental use is a legal nonconforming use; and
(b) The owner demonstrates through competent dollars-and-cents proof that prior to April 1, 2023, they made substantial financial expenditures unique to the short-term rental use; and
(c) The owner provides documentation of their total receipts from short-term rentals and expected revenue through the date of termination; and
(d) The owner demonstrates that they have not recovered substantially all of the financial expenditures related to the short-term rental use; and
(e) The owner demonstrates that they cannot obtain a reasonable return on their investment unique to the short-term rental use if the property is used for any other purpose permitted within the zoning district, and that the lack of a reasonable return is due solely to the termination on short-term rental days and not other market forces; and
(f) The extension period granted by the Zoning Board of Appeals is the minimum extension period necessary to mitigate the demonstrated loss of a reasonable return.
(4) The criteria for granting special approval pursuant to Subsection (3) above shall be as set forth in Subsection (3) above rather than the normal criteria in Article
XXIV for granting a special approval.
(5) Owners of dwelling units that were previously exempt from this section and receive special approval pursuant to Subsection (3) above must apply for an operating permit within five days of the grant of special approval. Upon the grant of special approval, all provisions of this §
270-219.7 apply during the duration of the special approval, except the Town may grant an operating permit to such owner even though it is not a natural person or trust.
