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Home My WebLink About4398 ORDINANCE NO.4398 AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY ENACTING NEW SUBSECTIONS 29.201(14), 29.201(18.1), 29.201(19.1), 29.201(92.1) AND 29.201(235.1) AND AMENDING CHAPTER 29 THEREOF, FOR THE PURPOSE OF HARMONIZING CHAPTER 29 WITH CHAPTER 35, GUEST LODGING CODE; 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 new subsections 29.201(14), 29.201(18.1), 29.201(19.1), 29.20](92.1), and 29.201(23 5.1) and by amending Chapter 29 as follows: "Sec.29.201. DEFINITIONS. Except as otherwise defined in this Ordinance or unless the context may otherwise require, the following words are defined for the purpose of this Ordinance as follows: (14) Apartment Dwelling means a dwelling building containing three or more residential units. The term includes what is commonly known as an apartment building, but does not include community residential facilities or single-family attached dwellings. Apartment dwellings may be occupied by families only, or by a group of unrelated persons limited to five or less per residential unit. *" Basement. See 250. (18.1) Basement. That floor level of a building between the upper surface of a floor and the ceiling or floor joists next above, which has at least 50% of the total area of its perimeter of foundational walls located below natural and finished grade. (19.1) Bed & Breakfast Establishment means the Guest Lodging of a portion of a dwelling unit that is the primary residence of the property owner, where the property owner provides lodging and may provide breakfast for overnight guests. A Bed & Breakfast Establishment is a short-term lodging, use and is a category of Guest Lodging licensed under Chapter 35. (92.1)Guest Lodging means the advertising offering,or otherwise making available use of a dwelling unit for overnight lodging for a period of thirty-one (31) consecutive days or less in exchange for money, goods, labor or service. Guest Lodging tunes include Apartment Shares,Home Shares,Hosted Home Shares,Bed& Breakfast Establishments, and Vacation Lodging as licensed under Chapter 35. Guest Lodging does not include any hotel or motel facility. (235,1)Vacation Lodging means the Guest Lodging of an entire dwelling unit, which is not required to be the owner's primary residence and which is commonly,but not exclusively, made available for occupancy through an online marketplace or website as a form of Guest Lodging. (250)Basement. That fleeF level efa building between the upper-suffaee of a floor and the eeilin OF fleeF joists next above, whieh has at least 50%of the total aFea of its per-ifnew of foundational walls leeated below natural and finished gm&. See. 29.501.CLASSIFICATION OF USES. (3) Accessory Uses. Unless otherwise stated in this Ordinance or otherwise indicated in the Use Tables for each zone: (e) Accessory Uses: are incidental and customary to and commonly associated with the operation of the Principal Use; i. Are Is clearly incidental and customary to and commonly associated with the operation of the Principal Use; ii. Are 1s operated and maintained under the same ownership or by lessees or concessionaires of the owner,and on the same zone lot as the Principal Use; iii. Do Does not include structures or structural features inconsistent with the Principal Use; iv. May include the Guest Lodging of all or a portion of a dwelling unit that is the primary residence of the property owner. May also include the use of apartment dwelling units for Guest Lodging, consistent with the licensing requirements of Chapter 35, when apartment dwellings are permitted in the base zone: v. iv. Dees Do not include residential occupancy in conjunction with uses other than other than hotels, motels, tourist homes and similar uses offering transient housing accommodations, which is also not permitted except by owners and employees employed on the premises and of the immediate families of such owners and employees;and vi. v. Has Have a gross floor area that, in combination with all other uses accessory to Principal Uses located in the same structure or on the same lot, does not exceed 25%of the gross floor area utilized by all Principal Uses. This The 25% floor area limitation, hev�-mall does not apply to off-street parking. Guest Lodging is exempt from the 25%floor area limitation. Table 29.501(4)-1 RESIDENTIAL USE CATEGORIES Household Living Accessory Uses Home Share Hosted Home Share *s* Short-Term Lodging Definition. Facilities offering transie n lodging accommodations to the general public, where the average length of stay is less 'xc�v than-60 31 days or less. Short-term lodging is subject to State of Iowa definitions, permits, and rules, including,remittance of hotel and motel tax. Uses Included Bear-ding, r-eeming or Wging houses and single r-own eeeupaney(SRO) hotels, where the aveFage length of stay is less than60 days, Bed and breakfaNtS Bed&Breakfast Establishment Motels Hotel Motels Motel Recreational Vehicle Park Vacation Lodging Accessory Uses Coffee shops and dining areas primarily for use by guests or residents of the facility. Sec.29.600. "A" AGRICULTURAL. •.. Table 29.600(2) Agricultural(A)Zone Uses USE CATEGORIES STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES Group Living N Household Living l*l - - Household Living Accessory Uses l Home 9€fiEe Y HO Z €f Home Occupation Heme Business Y HO ZBA/Staff Home Share Y ZP ZEO Hosted Home Share Y ZP ZEO Short teFm Lodgings Short-Term Lodging hl Bed& Breakfast Establishment Y SP ZBA Vacation Lodging Y, but only within single SP ZBA and two family dwellings r** Sec.29.701. "RL"RESIDENTIAL LOW DENSITY. Table 29.701(2) Residential Low Density(RL)Zone Uses USE CATEGORIES STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES Household Living Accessory Uses Clubhouse N ueme O fk—e yL No ZB"ta Home Occupation Nome Business Y HO ZBA/Staff Home Share Y ZP ZEO Hosted Home Share Y ZP ZEO Short term Lodgings Short-Term P exceept Bed and Br-eakfast Lodging itted as a Nome HO ZBA/Sta€€ Bed&Breakfast Establishment Y SP ZBA Vacation Lodging Y, but only within single and SP ZBA two family dwellings Sec.29.702. "RM" RESIDENTIAL MEDIUM DENSITY. Table 29.702(2) Residential Medium Density(RM)Zone Uses USE CATEGORIES STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES Household Living Accessory Uses Clubhouse N Nome O fk-e -C HQ ZHA�S{af� Home Occupation Heme Business Y HO ZBA/Staff Home Share Y ZP ZEO Hosted Home Share Y ZP ZEO Short-Term �e�e exesept Bed and Breakfast 419 Z� Lod in Bed&Breakfast Establishment Y SP ZBA Vacation Lodging Y SP/ZP ZBA/ZEO See. 29.703. "UCRM" URBAN CORE RESIDENTIAL MEDIUM DENSITY ZONE. Table 29.703(2) Urban Core Residential Medium Density(UCRM)Zone Uses USE CATEGORIES STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES Household Living Accessory Uses Clubhouse N 14eme 9€Bse -v HO ZBA&a Home Occupation Home Business Y HO ZBA/Staff Home Share Y ZP ZEO Hosted Home Share Y ZP ZEO Short teFm Lodgings Short-Term N,excuept Bed and Weakfast No ZBSta€f Lod in Bed&Breakfast Establishment Y SP ZBA Vacation Lodging Y SP ZBA Sec.29.704. "RH" RESIDENTIAL HIGH DENSITY. Table 29.704(2) Residential High Density(RH)Zone Uses USE CATEGORIES STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES *r� Household Living Accessory Uses Clubhouse Y SDP Minor Staff — lame Office y- NO ta€f Home Occupation "^ e Business Y HO ZBA/Staff Home Share Y ZP ZEO Hosted Home Share Y ZP ZEO Short term Lodgings Short-Term N,exrept Bed and Breakfast IAA ZIa€€ Lod in Bed& Breakfast Establishment Y SP ZBA Vacation Lodging Y SP/ZP ZBA/ZEO Sec.29.705. "RLP" RESIDENTIAL LOW DENSITY PARK ZONE. Table 29.705(4) Residential Low Density Park(RLP)Zone Uses USE CATEGORY STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES City Council. Singie Family Manufaratur-ed Heme and accessofy use Household Living SDP Majo only. 14ofne Offiese an Home Business allowed as neeessar-y uses-. Manufactured Housine Y SDP Manor City Council Household Living Accessory Uses Accessory Uses Specific to Y,see Table 29.501(4)-1 SDP Maio r City Council Manufactured Housing Home Occupation Y HO ZBA/Staff Home Share Y ZP ZEO Hosted Home Share Y ZP ZEO Short teFm Short-Term N Lod in - *s Y = Yes;permitted as indicated by required approval N = No;prohibited SP = Special Use Permit required,See Section 29.1503 ZP = Building/Zonine Permit required,See Section 29.1501 SDP Minor = Site Development Plan Minor; See Section 19.1502(3) SDP Major = Site Development Plan Major;See Section 19.1502(4) HO = Home Occupation ZBA = Zoning Board of Adjustment ZEO = Zoning Enforcement Officer See. 29.N01. "NC"NEIGHBORHOOD COMMERCIAL ZONING STANDARDS. Table 29.801(2) Neighborhood Commercial(NC)Zone Uses USE CATEGORY STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES Household Living Accessory Uses Home 0ccuption Y HO ZBA/Staff Home Share Y ZP ZEO Hosted Home Share Y ZP ZEO Shen teFm Lodgings Short-Term N Lod in Bed&Breakfast Establishment Y SP ZBA Vacation Lodging Y SP/ZP ZBA/ZEO Y = Yes;permitted as indicated by required approval N = No;prohibited SP = Special Use Permit required; See Section 29.1503 ZP = Building/Zoning Permit required; See Section 29.1501 SDP Minor = Site Development Plan Minor; See Section 19.1502(3) SDP Major = Site Development Plan Major;See Section 19.1502(4) ZBA = Zoning Board of Adjustment ZEO = Zoning Enforcement Officer Sec.29.802. "CCN"COMMUNITY COMMERCIAL NODE. Table 29.802(2) Community Commercial Node(CCN)Zone Uses USE CATEGORY STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES Household Living N Shen teFm Lodgings Short-Term Y.except Bed&Breakfast SDP Minor Staff Lod Establishment.Vacation Lodging "ina Sec.29.804. "HOC" HIGHWAY-ORIENTED COMMERCIAL. . Table 29.804(2) Highway-Oriented Commercial(HOC)Zone Uses USE CATEGORY STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES SheFt term Lodgings Short-Term Y.except Bed& Breakfast SDP Minor Staff Lodeina Establishment,Vacation Lodging 29.805. "PRC" PLANNED REGIONAL COMMERCIAL. Table 29.805(2) Planned Regional Commercial(PRC)Zone Uses USE CATEGORY STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES Sher{-term Lodgings Short-Term Y,except Bed&Breakfast SDP Minor Staff Lod in Establishment,Vacation Lod ging Sec.29.806. "CCR"COMMUNITY COMMERCIAL/RESIDENTIAL NODE. Table 29.806(2) Community Commercial/Residential Node(CCR)Zone Uses USE CATEGORY STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES Household Living Accessory Uses Home Occupation Y HO ZBA/Staff Home Share Y ZP ZEO Hosted Home Share Y ZP ZEO Shen term Lodgings Short-Term Y,except Bed&Breakfast Lod in Establishment SDP Minor Staff Vacation Lodging Y SP/ZP ZBA/ZEO Sec. 29.808. "DSC" DOWNTOWN SERVICE CENTER. Table 29.808(2) Downtown Service Center(DSC)Zone Uses USE CATEGORY STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES Household Living Accessory Uses Home Occupation Y HO ZBA/Staff Home Share Y ZP ZEO Hosted Home Share Y ZP ZEO Short term Lodgings Short-Term Y,exceet Bed&Breakfast Lodging SDP Minor Staff Establishment Vacation Lodgin�e Y SP/ZP ZBA/ZEO Sec.29.809. "CSC" CAMPUSTOWN SERVICE CENTER. Table 29.809(2) Campustown Service Center(CSC)Zone Uses USE CATEGORY STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES Household Living Accessory Uses _ Home Occupation Y HO ZBA/Staff Home Share Y ZP ZEO Hosted Home Share Y ZP ZEO Short-term Lodgings Short-Term Y,except Bed&Breakfast SDP Minor Staff Lodging Establishment Vacation Lodging Y SP/ZP ZBA/ZEO Sec.29.903. "RI"RESEARCH PARK INNOVATION DISTRICT. Table 29.903(2) RI Zone Uses USE CATEGORIES STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES SheFt term Lodgings Short-Term Y,except Bed& Breakfast SDP Minor Staff Lodging Establishment,Vacation Lodging r*. Sec.29.1003. "S-SMD"SOUTH LINCOLN SUB AREA MIXED-USE DISTRICT. Table 29.1003(2) South Lincoln Sub Area(S-SMD)Mixed-Use District USE CATEGORY STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES Household Living Accessory Uses 14OFne Offirue v mo ZIBA/Sta€ Home Occupation Heme Business Y HO ZBA/Staff Home Share Y ZP ZEO Hosted Home Share Y ZP ZEO Short term Lodgings Short-Term N,emeept Bed and Breakfast 440 ZBMSta€f Lod in Bed&Breakfast Establishment Y SP ZBA Vacation Lodging Y SP/ZP ZBA/ZEO Sec. 29.1004. "DGC" DOWNTOWN GATEWAY COMMERCIAL_ Table 29.1004(2) Downtown Gateway Commercial Uses USE CATEGORY STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES Household Living Accessory Uses Home Occupation Y HO ZBA/Staff Home Share Y ZP ZEO Hosted Home Share Y ZP ZEO S"^w wm' edgin Short-Term Lodging Y,except Bed&Breakfast (stand alone or mixed use) Establishment SDP Major Staff Vacation Lodging Y SP/ZP ZBA/ZEO Sec.29.1101. "O-SFC"SINGLE FAMILY CONSERVATION OVERLAY. (4)Permitted Uses. (a) Subject to the Building/Zoning Permit requirements of Section 29.1501, land, buildings and structures may be used for the following purposes in an O-SFC Zone without City Council approval, in accordance with standards and regulations of the Base Zone: (i)Dwelling-Single-Family (ii)Dwelling—Two Family (iii)Bed&Breakfast Establishment(Special Use Permit required: See Section 29.1503) (iv)Vacation Lodging(Special Use Permit required: See Section 29.1503) (b) All uses and structures conforming to the Base Regulations and all lawfully vested nonconforming uses and structures that exist in the O-SFC on the effective date of the amendment of the official zoning map to show the O-SFC are hereby deemed to be conforming with the terms of this Section. The O-SFC shall not be deemed to create a nonconforming use or structure within the scope of Section 29.307. Sec.29.1113. "O-LMU" LINCOLN WAY MIXED USE OVERLAY DISTRICT. (2) Permitted Uses. Subject to the requirements of Sec. 29.1502 for Site Development Plan Review, and in accordance with the requirements of this Sec. 29.1113 and the Zone Development Standards of the HOC base zone, Apartment Dwellings(and their Accessory Uses) and Vacation Lod in may be permitted in combination with HOC permitted uses classified as Office Uses; Retail Sales and Services Uses; Entertainment,Restaurant, and Recreation; and miscellaneous use of childcare. Stand alone Apartment Dwellings buildings are not a permitted use in the Overlay Zone. **s Sec.29.1201. 'IF-VR"VILLAGE RESIDENTIAL DISTRICT. Table 29.1201(5) Village Residential(F-VR)Floating Zone Uses USE CATEGORY NEIGHBORHOOD NEIGHBORHOOD NEIGHBORHOOD CENTER GENERAL EDGE OTHER USES Essential Public Services Y Y Y Household Accessory Uses Y Y Y Vacation Lodging, subject to the standards of Section Y Y Y 29.1302 Sec.29.1202. 'IF-S"SUBURBAN RESIDENTIAL ZONE. Table 29.1202(4)-1 Suburban Residential Floating Zoning Residential Low Density(FS-RL)Uses USE CATEGORIES STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES Household Living Accessory Uses .........._. ...._........... Clubhouse N - .................. - - ......_----- Home O ffiee -y 149 MA&a, _........... .... _ I Lome Occupation Home Business Y HO ZBA/Staff _ ....... ._ ...._....__.... _ ------- ..._.............__ --- Ilome Share Y 7.P ZEO ._.... ---...__ ............. Hosted Ilome Share Y 7P ZEO Short-Term N,emeept Bed and Breakfast 440 ZBA/Sta Lodgin¢ me �upatien Bed&Breakfast Establishment Y SP ZBA Vacation Lodging Y SP ZBA Table 29.1202(4)-2 Suburban Residential Floating Zoning Residential Medium Density(FS-RM) Uses USE CATEGORIES STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES Household Living Accessory Uses ___._...— ..... - ........................................_.......__..-- —...._._ —._..........._-...-...._...----- ----._._._............ Clubhouse Y SDP Major City Council ._............................ - ------ -._...................................._.. __—....--...._...._..._....-- — ----- ....._._..._.. --..- Home Office V 119 ZRA/Sta€f .....__.......................-_ .—_...._........-_...-. --..............._.............. ......_._._._...._._......----.------------- ---- ---- -- ---- Home Occupation Home Business Y HO ZBA/Staff _............_.....................--------- ....................._............... — ----- - ._._.__....................................... _. ....----------- - _ Home Share Y ZP ZEO _ — ---- - ......... ................... Hosted Home Share Y ZP ZEO Short term Lodgings AI o of Bed�.andR.ea4£of Short-Term permia..e 1 Home 119 � msta€f Codeine _---_ _............. _....._._ - _ . Bed&Breakfast Establishment Y SP ZBA Vacation LodQinQ Y SP/ZP ZBA/ZEO Sec.29.1203. 'IF-PRD"PLANNED RESIDENCE DISTRICT. .. Table 29.1203(4) Planned Residence District(F-PRD)Floating Zone Uses Permitted Principle Uses Permitted Accessory Uses Accessory uses of the Household Living category provided for in Table 29.501(4)-1 Section 29.500 . Garages Open space uses *** Home occupations subject to standards of Section 29.1304 of-this or-dinanee Home Day Care subject to the standards of Section 29.1304 Office and Trade use where the property owner can demonstrate through a written Market Study that the Office and Trade use can be supported by the residents of the Planned Residence District Project Rental services offices not to exceed 5,000 square feet Assisted Living,for the residents of the PRD Vacation Lod inQ subject to the standards of Section 29.1302 Sec.29.1302.GUEST LODGING REOUIREMENTS. BED& BREAKFAST ESTABLISHME (1) Non-Conforming Uses. Any Apartment Dwelling that is a non-conforming use within its zoningdistrict istrict shall not be approved as Vacation Lodging. (2) Special Use Permit. (a) Bed&Breakfast Establishments and Vacation Lodging must obtain a Special Use Permit from the Zoning Board of Adjustment prior to receiving a Guest Lodging license. (b) Exemptions. Apartment dwellings located in certain zoning districts are exempt from the Special Use Permit requirement. These zoning districts include: F-PRD, F-VR, RM, RH, FS-RM, NC, CCR, DSC, CSC, O-LMU and DGC. This exemption does not apply to apartment dwellings located in zoning district RM/O-SFC. (c) Properties requiring a Letter of Compliance (LOC) must have registered for their LOC and have completed their initial LOC inspection,prior to applying for a Special Use Permit. (d) The Special Use Permit is not transferable to a subsequent owner or to another property. (e) The Special Use Permit shall be deemed expired and void after a one year period of disuse of the dwelling unit for guest lodging purposes or upon nonrenewal of a guest lodging license. (3) Additional Vacation Lodging Restrictions. (a) Vacation Lodging is not permitted as a second principal use on a site with a single-family family dwelling. (b) Only one Vacation Lodging unit may be established for a property with a two-family dwelling_ (c) No Vacation Lodging use may be established on the ground floor of a commercial building or mixed use building. (4) Guest Rooms. (a) Bed & Breakfast Establishments may have no more than five approved guest bedrooms. The Zoning Board of Adjustment will determine the number of bedrooms specific to the dwelling unit. (b) Vacation Lodging must be consistent with the occupancy limitations of the Ames Municipal Code Section 13.503.No Vacation Lodging shall exceed a total of five adults per dwelling unit. (5) Off-Street Parking Requirements. (a) Bed& Breakfast Establishments must have one reserved space per guest room,plus one space for the owner. (b) Vacation Lodging must provide one parking space per guest bedroom, with a maximum of five spaces required: an apartment dwelling in a zoning district with less parking required is not subject to this standard. (c) The parking,spaces shall meet standards established by Section 29.406 of this ordinance. (6) Local and State Regulations. The Guest Lodging establishment must comply with local and state regulations regarding all applicable permits and licenses including, but not limited to fire, health, food service,hotel, liquor,revenue, buildin zoningpermits and licenses. -Section 29.1304,must be met, in addition to the following: (1) Guest Ro-o-m-s. A maximufn of 5 per- strueture in the RM and R14 Zones and a maximum of 2 pet: lesser-number, (7) The establishment must eemply with local and state f!egulations r-egaFding all applicable peFmiis liecanse-s; inefluding, but not limited to fire, health, food ser-viae, hotel, liquoF, mvenue, building4oning peFmits and heenses. See.29.1304. HOME OCCUPATIONS. (1)Permitted,Special and Prohibited Home Occupations. iviii)Bed and breakfast operations; Section Two.Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out in Ames Municipal Code Chapter 29. 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 December 1,2019,and after its passage and publication as required by law. Enforcement of this ordinance shall begin on March 1,2020. Passed this 121 day of November,2019. Diane R.Voss,City Clerk John A.Haila, Mayor