ORDINANCE 49 OF 2011 This Ordinance published herewith was introduced at a meeting of the Council of the City of Atlantic City held on JUNE 29, 2011 will be considered for final passage after a public hearing at the meeting of the Council to be held on JULY 13, 2011, at 5:00 pm in the Council Chambers, Room 208, City Hall, 1301 Bacharach Boulevard, Atlantic City, N.J. 08401. CITY OF ATLANTIC CITY Council Members GILLIAM & RANDOLPH Present the following Ordinance: AN ORDINANCE AMENDING CHAPTER 163 THE LAND USE & DEVELOPMENT ORDINANCE Whereas, the City Council of the City of Atlantic City desires to amend Chapter 163, The Land Use & Development Ordinance, to expand its regulatory powers in connection with Transient Vacation Rental of residential real estate; and Whereas, Transient Vacation Rental is defined as: Vacation Rental with a duration of occupancy of less than 90 days; and Whereas, the City Council desires to prohibit Transient Vacation Rental in residential properties in the R-1 and R-2 (Single-Family Detached) Districts, the R-3 (Single-Family Attached) District, and the RM-1 and RM-2(Residential Multi-Family) Districts; and Whereas, pursuant to N.J.S.A. 40:55D-64, the City Council of the City of Atlantic City, by Resolution No. 198 of 2011 directed the Atlantic City Planning Board to consider an amendment to Chapter 163 The Land Use & Development Ordinance; and Whereas, the Planning Board reviewed and memorialized the proposed amendment to the Land Use & Development Ordinance, and, at the meeting of June 15, 2011, at Resolution 6, gave City Council a positive recommendation for the adoption of an amendment to prohibit transient vacation rental in the R-1, R-2, (Single-Family Detached) Districts, R-3, (Single-Family Attached) District, and the RM-1 and RM-2 (Residential Multi-Family) Districts; and Whereas, the Planning Board found that the amendments are consistent with the Atlantic City Master Plan, and the proposed amendment will serve to improve the quality of life for the residents; and Whereas, the Governing Body has received and has duly considered the Planning Board's recommendation regarding the adoption of the amendment to Chapter 163, The Land Use & Development Ordinance and concurs with the findings of the Planning Board; Now, therefore, be it ordained by the City Council of the City of Atlantic City, as follows: Section I That the recommendation of the Planning Board pursuant to N.J.S.A. 40:55D-26a to amend Section 163 -15 of the Land Use & Development Ordinance is hereby adopted by the Governing Body. Section II That at Section 163-15 Definitions, the term Transient Vacation Rental shall be expanded to include "Transient Vacation Rental in residential properties in the R-1, R-2, R-3, RM-1 and RM-2 Districts is prohibited." SECTION III A new Use Category "Transient Vacation Rental" should be added at Schedule III, Schedule of Permitted and Conditional Uses. Section IV This ordinance repeals any inconsistent ordinance or ordinances or part or parts thereof. SECTION VI That should any section clause sentence phrase term provision or other portion or portions of this Ordinance held by any court of competent jurisdiction to be in violation of any applicable law, or against the public good or held to be null and void for any reason whatsoever, such determination shall not effect the validity of any other provision of this ordinance, and such other provision s shall be deemed to be in full force and effect. SECTION Vll This amendment shall take effect immediately upon its final passage and publication as required by law. Printer Fee: $78.09 #0090659934 Pub Date: July 5, 2011

Posted in legal on Tuesday, November 20, 2012 11:42 am.

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