HomeMy WebLinkAboutA010 - Memo from City Attorney dated May 8, 2018 C OF
,T. MEMO
Ames, Legal Department
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To: Mayor Haila and City Council
From: Mark O. Lambert, Assistant City Attorney
Date: May 8, 2018
Subject: Rental Concentration Cap Ordinance
While meeting today with Steve, the Mayor, and Council member Martin, we examined
a couple sections of the ordinance. We are suggesting some amendments to assure that
the ordinance meets the intent of the motions made by Council, to eliminate possible
ambiguity, and to do a little clean up for accuracy and clarity's sake. I have drafted a
couple amendments to the Ordinance that the Council should consider tonight. I
think the reasons for the changes are obvious when you read them. If you have
questions, feel free to contact me or ask me during consideration of the ordinance
tonight.
Below is the language from the ordinance you have in front of you for tonight's
meeting, with suggested amendments. Strikethroughs indicate deletions and underlines
indicate new wording.
#1. Under section 13.300
Rental dwellings in a Rental Concentration Cap Neighborhood with a rental registration
or Letter of Compliance in place as of the effeetive date of this ogee date of
establishment of a Rental Concentration Cap Neighborhood will be allowed to remain as
registered rental properties and may renew their ,egistf *ions and- Letters of Compliance
even if the number of rental dwellings is above the 25% cap. Additionally, the owner- of
a duplex that has obtained a Letter of Compliance on one legally established unit of a
duplex may register and obtain a Letter of Compliance on the other legally
established its unit of the duplex, regardless of whether the 25% cap is exceeded in
the neighborhood. If a registered rental dwelling ceases to operate as a licensed rental
dwelling, the owner cannot subsequently register the dwelling if the registration would
cause the ratio of rental dwellings to other dwellings to exceed 25%. Transitional
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Le
tters of Compliance may be issued regardless of the 25/o cap.
#2. Under section 13.301(10):
A Transitional Letter of Compliance (LOC) shall be in effect for a maximum of one
year and is renewable for a period of time not to exceed one additional year. Each
property is eligible for only one Transitional LOC renewal per property ownership. A
Transitional LOG ay; e renewed only one time. After the of a renew
ena1170Q,-nNo new Transitional LOC will be issued until one year has elapsed
between Transitional LOCs. If a property is acquired by a new owner, the new owner is
eligible for Transitional LOC without regard to the prior owner having obtained a
Transitional LOC."
t
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY
OF AMES, IOWA, BY ENACTING A NEW SECTION 13.201 RENTAL
CONCENTRATION CAP, 13.300 (9) AND AMENDING SECTION
13.301(10) TRANSITIONAL LETTER OF COMPLIANCE THEREOF,
FOR THE PURPOSE OF POTENTIAL NEIGHBORHOODS FOR
RENTAL CONCENTRATION CAP REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE
EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND
ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames,Iowa shall be and the same is hereby amended by
enacting a new Section 13.201, 13.300(9)and amending 13.301(10)as follows:
"Sec. 13.201. TERMS DEFINED
RENTAL CONCENTRATION CAP NEIGHBORHOODS: Certain neighborhoods as designated by a
Resolution adopted by the City Council,which are subject to the limitation on the number of rental properties
established in Section 13.300(9).
Sec. 13.300. GENERAL
(9)Limitation on number of rental properties in certain neighborhoods.
For each neighborhood established as a Rental Concentration Cap Neighborhood, the number of rental dwellings
allowed shall be no more than 25% of the dwellings in each neighborhood. In each neighborhood, only properties
zoned R-L or UCRM will be used in calculating the percentage of rental dwellings to other dwellings in the
neighborhood. No new rental registration applications will be accepted or approved in a neighborhood if the
neighborhood has 25% or more registered rental dwellings or the application for a new rental registration would
cause the ratio of rental dwelling to other dwellings to exceed 25%.
Rental dwellings with a rental registration or Letter of Compliance in place as of the effective date of this ordinance
will be allowed to remain as registered rental properties and may renew their registrations and Letters of Compliance
even if the number of rental dwellings is above the 25%cap. Additionally, the owner of a duplex may register both
legally established units of the duplex, regardless of whether the 25% cap is exceeded in the neighborhood. If a
registered rental dwelling ceases to operate as a licensed rental dwelling,the owner cannot subsequently register the
dwelling if the registration would cause the ratio of rental dwellings to other dwellings to exceed 25%. Transitional
Letters of Compliance may be issued regardless of the 25%cap.
Sec. 13.301 LETTER OF COMPLIANCE(LOC)
(10) Transitional Letter of Compliance.
• w
A Transitional Letter of Compliance(LOC)shall be in effect for a maximum of one year and is renewable for a
period of time not to exceed one additional year.A Transitional LOC may be renewed only one time. After the
expiration of a renewed Transitional LOC,no new Transitional LOC will be issued until one year has elapsed
between Transitional LOCs. If a property is acquired by a new owner,the new owner is eligible for Transitional
LOC without regard to the prior owner having obtained a Transitional LOC."
(Ord.No. 4067, 05-24-11)
Section Two.Violation of the provisions of this ordinance shall constitute a municipal infraction
punishable as set out by law.
Section Three. All ordinances, or parts of ordinances,in conflict herewith are hereby repealed to the extent
of such conflict,if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as
required by law.
Passed this day of
Diane R.Voss,City Clerk John A.Haila,Mayor