HomeMy WebLinkAboutA006 - Council Action Form dated July 23, 2019 - -D
ITEM # 30
DATE: 07-23-19
COUNCIL ACTION FORM
SUBJECT: CREATION OF A NEW CHAPTER OF THE AMES MUNICIPAL CODE,
KNOWN AS CHAPTER 35, GUEST LODGING CODE- ESTABLISHING
DEFINITIONS, ADMINISTRATION, STANDARDS, LICENSING, AND
ENFORCEMENT FOR GUEST LODGING AND AMENDING THE TEXT OF
THE ZONING ORDINANCE (CHAPTER 29) AND THE RENTAL HOUSING
CODE (CHAPTER 13) TO ALLOW THEIR USE AND ESTABLISHING A FEE
FOR LICENSURE.
BACKGROUND:
City Council provided direction on June 11 , 2019 to remove the exemption from licensing for
apartment tenants wishing to offer short-term rentals (herein referred to as Guest Lodging)
from the proposed draft ordinances. Included in this revision, all offerings of Guest Lodging
will be required to have a license. Additionally, as directed at the City Council meeting on
April 23, 2019. Vacation Lodging has also been removed from the attached proposed
ordinances. Vacation Lodging (formally referred to as a Vacation Rental) is the subject of a
separate staff report.
Both Chapter 29 Zoning Ordinance and the new Chapter 35 Guest Lodging ordinance
required modifications per City Council direction. Chapter 29 was modified to allow
Guest Lodging as an Accessory Use for apartment buildings along with other minor
administrative corrections. Chapter 35 was modified to add "Apartment Share" as a
defined term along with other corresponding changes to the licensing and standards
requirements. As result in the delay of proceeding with the ordinance, staff proposes
to also delay implementation from September 15i to November 15t to allow for the same
two months of implementation after adoption of the ordinances as was originally
contemplated.
City Council had previously reviewed a draft of the proposed ordinances on February 26,
2019, and given direction to proceed with finalizing the text for the Guest Lodging Code and
publishing notice for the text amendments to the Zoning Ordinance (Chapter 29). On
November 13, 2018. the City Council had directed staff to proceed with drafting standards
that would allow Guest Lodging within apartment dwellings and to proceed with described
licensing system of one and two-family homes. City Council first reviewed a conceptual
regulatory framework for on October 23Id regarding one and two-family homes.
Staff has worked with the City Attorney's office to finalize the Guest Lodging Code and text
amendments consistent with the Council's direction. Guest Lodging is not a household living
use, it is a lodging use that addresses how transient occupancy is allowed in conjunction with
household living and the primary residents of a dwelling. Staff estimates that there are
currently 50-60 properties that are advertised and that operate as a form of Guest Lodging.
1
Staff anticipates that the number would increase with legalization and awareness of the
Guest Lodging options available.
The changes necessary to create a new use of Guest Lodging are extensive:
1 . Create a new type of principal and accessory use within the Zoning Ordinance
(Chapter 29).
2. Establish a new licensure chapter (Chapter 35) of the Ames Municipal Code, and
3. Modify the Rental Housing Code with clarifying text amendments.
A complete discussion of the proposed changes is included in the Addendum. The draft
ordinances are included as Attachment 'A', and are summarized as follows:
• Duration of Stay. Guest Lodging is for a period of 31 consecutive days or less to the
same person.
• Occupancy Limitations. Occupancy limitations vary by unit type and are generally
based on the number of guest bedrooms with a maximum number of adults allowed.
• Approval. The intent is for an administrative review and approval for Hosted Home
Shares and Home Shares as accessory uses. Amending the Bed & Breakfast special
home occupation permit as an accessory use to become a Special Use Permit as a
principal use.
• Annual licensing. An annual license is required. An annual licensing fee would be
required in addition to any other city permits and fees.
• Parking. On-site parking subject to minimum parking requirements of Section 29.406.
• Fire Safety Requirements. Compliance with fire safety requirements of the Rental
Housing Code (means of egress and fire protection systems) is required of all Guest
Lodging units. A checklist will be made available and applicants will be required to
indicate compliance.
• Inspections. All applications would be subject to verification and inspection for
compliance. Subsequent inspections would be at the discretion of the Enforcement
Officer.
• Renewal/Revocation Standards. The license to operate Guest Lodging may be
revoked if it is determined that the Guest Lodging is operating inconsistent with the
licensing standards or if there are verified complaints with notice of correction action
regarding its operation. An appeal process to the Zoning Board of Adjustment is
included.
The proposed regulations provide clear expectations with defined standards for the licensing
and operating of Guest Lodging, and if needed, enforcement or license revocation. The goal
is to minimize possible negative impacts to surrounding residential properties and
neighborhoods from use of home for transient guest stays.
CODE COMPLIANCE & MONITORING:
The first step in achieving compliance with the adopted ordinances is public awareness of the
new regulations. With City Council approval on first reading on July 23th and subsequent
second and third readings in August, the new ordinances would be effective on or about
September 111. Staff proposes a delayed compliance period to allow time to receive and
process applications, before enacting enforcement procedures, beginning on November 1st.
During the initial 60-day compliance period there would be no citations for operating an STIR
and if someone is in process of seeking a license they would not be subject to a citation
during its review. Staff anticipates that review and approval of licensing applications can be
incorporated into current inspection/planning duties.
Beyond providing public awareness, staff would have a limited ability to provide proactive
compliance monitoring without address identification. The typical Airbnb listing data includes
only a neighborhood map of listing, but does not where the unit is located with a property
address.
Address information is not publically available without subscribing to a third party monitoring
compliance software service. These types of vendors provide a proprietary evaluation of a
listing to identify an address. An initial annual subscription with a monitoring compliance
services for addresses and contact identification would help the City to proactively reach out
to those who may be unaware of the new licensing requirements and would help to bring
everyone into compliance. Staffs understanding of the pricing from one vendor indicates a
price of S1 .500 based upon 50 listings in the City and a cost of S30.00 per listing going
forward.
However, Staff believes that that working through traditional methods would be
effective in the initial stage of implementation due to the current estimated low number
of listings. If staff is unsuccessful in efforts to obtain compliance from property
owners, we can revisit the need for additional services.
LICENSING FEE:
A fee of $50 would suffice in covering administration costs and would be in-line with the
annual rental housing registration renewal fee for a single family home. In addition to the
annual fee. an inspection fee would be charged with the initial application and may be
charged for renewals if inspections are needed in the future. It is important to note that this
license system is designed to be prospective about future use of the property, meaning a
property owner is paying up front for the license, not paying for a prior year of licensure after
the fact. Additionally, this license is to the property owner and a change in ownership will
trigger a new license requirement and fee to issue a new one-year license. If City Council
chooses to acquire a subscription to a monitoring service, reviewing license fees would be
appropriate at that time.
3
ALTERNATIVES:
1 a. The City Council can adopt on first reading by separate motion, each of the attached
ordinances:
i. Ordinance creating a new chapter of the Ames Municipal Code known as
Chapter 35, Guest Lodging Code, establishing definitions, administration,
standards, licensing, and enforcement for Guest Lodging, and
ii. Ordinance amending the text of the Zoning Ordinance (Chapter 29), and
iii. Ordinance amending text of the Rental Housing Code (Chapter 13) to allow the
use of Guest Lodging, and
1 b. The City Council can by resolution on third reading and passage of the ordinances
described in Alternative #1 a, establish a fee for Guest Lodging licensure for 2019-2020 at
$50.00.
2. City Council can continue the public hearing to a date certain and direct modifications to
the draft ordinances prior to first reading. City Council would choose this Alternative if it
directs a substantive change to the ordinances, such as including Vacation Lodging,
formerly known as Vacation Rentals.
3. The City Council can adopt on first reading, a modified version of any of the three attached
ordinances and establish a fee for Guest Lodging licensure upon third reading of the
ordinances.
MANAGER'S RECOMMENDED ACTION:
Staff has worked with the City Attorney's Office to finalize the Guest Lodging Code and text
amendments consistent with the Council's direction. The changes necessary to address
allowing Guest Lodging are extensive, as these would be a new type of principal and
accessory use within the Zoning Ordinance (Chapter 29), and would establish a new
category of licensure, incorporated into a new Chapter (Chapter 35) of the Ames Municipal
Code. Clarifying text amendments are also needed within the Rental Housing Code.
With four types of proposed Guest Lodging (Apartment Share, Bed & Breakfast
Establishment, Hosted Home Share, and Home Share), each has unique attributes related to
occupancy, parking, and the approval process. However, objective criteria are included in the
text to enable review for compliance and approval. Additional scrutiny through the Special
Use Permit process for Bed & Breakfast Establishments will help to ensure neighborhood
compatibility.
Upon adoption of new Guest Lodging standards, the goal would be to undergo a public
education campaign to let people know of the new requirements. Staff believes allowing until
November 1st to both receive initial applications would be appropriate, before enacting
enforcement procedures.
Licensing allows for periodic contact with property owners and helps ensure continued
compliance. An annual licensing fee similar in cost to a Single Family Rental Letter of
Compliance Cost is planned for the proposed licensing process. A Council update on the
status of Guest Lodging licensing and compliance 6-9 months after adoption, would shed
4
light on whether any adjustments to the initial fee (set with the adoption of the ordinances)
would be warranted.
Therefore, it is the recommendation of the City Manager that the City Council adopt on
first reading each of the attached ordinances as described in Alternative #1a and upon
third reading and passage of the ordinances described in Alternative #1a, establish a
fee for initial Guest Lodging licensure described in Alternative #1 b.
However, in the event the City Council determines on July 23 d to reintroduce Vacation
Lodging (formerly Vacation Rentals where the owner is not present), staff would
recommend Alternative 2 to continue the public hearing to August 13Ih and bring back
updated ordinances to the next meeting.
Addendum
The allowance of Guest Lodging as a transient occupancy use in residentially zoned areas
has the potential to be incompatible with surrounding residential uses. Therefore, special
regulation for short-term occupancy is necessary to ensure that Guest Lodging use will be
compatible with surrounding residential uses and will not materially alter the character of
neighborhoods in which they are located.
The Guest Lodging Code is proposed as a new chapter of the Ames Municipal Code. It
establishes definitions, administration, standards, licensing, and enforcement for Guest
Lodging. It provides reasonable and necessary regulations for the licensing and operation of
Guest Lodging in order to:
(1) Ensure the safety, welfare and convenience of renters, owners and neighboring
property owners throughout Ames;
(2) Help maintain the City's needed housing supply for household living; and
(3) Protect the character of the City's neighborhoods by limiting the operations, number,
and concentration of Guest Lodging in residential zones.
Objective standards are included to enable review for compliance and approval. The Guest
Lodging period would be 31 consecutive days or less.
The Guest Lodging types include: apartment shares, hosted home shares; home shares; and
bed & breakfast establishments. Additional scrutiny through the Special Use Permit process
for Bed & Breakfast Establishments will help to ensure neighborhood compatibility.
Each of the proposed types of Guest Lodging has unique attributes related to occupancy,
parking, and the approval process. In cases where the property owner is the primary resident,
the Guest Lodging use may be considered as an accessory use to the use of a single-family
dwelling as household living. A new definition for "primary residence" helps differentiate when
Guest Lodging would be considered as an accessory or principal use.
The proposed text amendment to the Zoning Ordinance adds each of the Guest Lodging
types to the list of permitted uses in Article 5. Uses would be included as either a new
accessory use to Household Living or as a new principal use under Short-Term Lodging.
Apartment Shares
This new category of accessory use allows apartment tenants the ability to offer their dwelling
unit for Guest Lodging with application by the property owner when the apartment is the
primary residence of the tenant. Apartment shares are subject to the occupancy standards of
Chapter 13. Each dwelling unit is licensed individually. A licensing application is required that
would be administratively approved and required to be renewed annually.
6
Hosted Home Shares
As an incidental, accessory use. hosted home shares are the least impactful of the Guest
Lodging types. Bedrooms that may be rented are limited to a maximum of two with no more
than two adults as guests per dwelling unit. The dwelling is the primary residence of the
property owner and the property owner is required to be on site and present during the rental
period. This type of activity is viewed as an accessory use (subordinate and incidental to the
residential use of the home). The impact of a hosted home share is not much greater than
that of a private home with frequent houseguests. A licensing application is required that
would be administratively approved and required to be renewed annually.
Home Shares
This option is somewhat unique in allowing for whole-house Guest Lodging facilities on
limited basis without the primary resident present during the stay. The Guest Lodging code
would allow a maximum of two adults per approved bedroom, not to exceed a total of five
adults per dwelling unit. Approval would be by staff as an administrative process. Rental
Housing Code registration is not required given the use of the home as a primary residence
with a limited number of guest stay days in a year. The cumulative total of rental days allowed
per annual renewal is 90 days. The proposed limitations are also meant to distinguish the
Guest Lodging use from a use that should actually register as rental housing property subject
to Chapter 13 requirements. In accordance with the Guest Lodging definition. the maximum
stay for any guest is 31 consecutive days.
Bed & Breakfast Establishments (B&B's)
Bed & Breakfast Establishments are private homes or residences where the property owner
resides, as their principal residence. Bed & Breakfast Establishments are permitted a
maximum occupancy of two adults per approved bedroom for overnight Guest Lodging. The
Zoning Board of Adjustment determines the number of bedrooms specific to the dwelling
unit through the special use permitting process. No more than five bedrooms may be
approved. B&B s are exempt from the City's Rental Housing Code; however, state licensing
and inspection as a food establishment is required when there are more than four guest
families accommodated. (Iowa Code, section 137F.1) The operating license would be
required to be renewed annually.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning & Zoning Commission reviewed the proposed ordinances for the use of single
and two-family dwellings as Guest Lodging on September 19, 2018 and the use of
apartments as Guest Lodging on January 16, 2019.
In each case, the P&Z made a unanimous recommendation of approval (5-0) with certain
modifications or limitations as summarized below.
September 19, 2018 unanimous recommendation regarding single-family homes as Guest
Lodging:
• Two-family dwellings be included. and
• That the City Council consider proactive compliance monitoring to ensure that all
Guest Lodging properties are licensed.
January 16, 2019 unanimous recommendation regarding inclusion of apartments as Guest
Lodging:
• Home Shares in rental apartments would be allowed as an accessory use in all
zoning districts with no tenant or property owner license required; Oversight
compliance would be the responsibility of the landlord.
• The Commission also recommended that if Vacation Rentals (Vacation Lodging)
were an allowed use, that a maximum of 10% of apartment units could be used for
such a use and that one and two-family dwellings be allowed subject to a special
use permit approval as was originally described by staff. However, Vacation
Rentals (Vacation Lodging) are not part of the draft ordinance.
The Planning & Zoning Commission's recommendations were incorporated into the updated
draft ordinances and are part of the staff recommendation.
8
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE
OF THE CITY OF AMES, IOWA, BY ENACTING NEW
SUBSECTIONS 29.201(18.1), 29.201(19.1), AND
29.201(92.1) 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 29.2010 8.1), 29.201(19.1),and 29.201(92.1)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 dwellin 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 subseetion 2-50,
(18.1) Basement. That floor level of a building between the upper surface of a floor and the ceiling or
floor foists next above, which has at least 50% of the total area of its perimeter of foundational walls
located below natural and finished rg ade.
(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 availabilitv of 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 types include Apartment Shares, Home Shares, Hosted Home Shares and
Bed & Breakfast Establishments. as licensed under Chapter 35. Guest Lodging does not include anv hotel or
motel facility.
(250) Basement. That fleef level of a building between the UPPOF SUFfaeP Of A fleer And the eeiiin or
wails4esated
Sec.29.406. OFF-STREET PARKING.
Table 29.406(2)
Minimum Off-Street Parking Requirements
ALL ZONES EXCEPT DOWNTOWN AND
PRINCIPAL LAND USE DOWNTOWN AND CAMPUSTOWN SERVICE
CAMPUSTOWN SERVICE CENTER ZONES
CENTER ZONES
RESIDENTIAL DWELLINGS
' s*.
Group Living
Boarding houses,rooming houses, I space/bed 0.5 space/bed
and lodging houses
College and University housing, I space/3 beds NONE
fraternities and sororities
GFeU Li%'iRg 1 space/5 beds,plus 1 space/2 staff NONE
Nursing and convalescent homes members of the largest shift
Short-Term Lod in
1 space/guest bedroom,plus I space
Bed&Breakfast Establishment for the owner N/A
I space/guest room;plus 6 1 space/guest room;plus 6
c11814 TOM I OdgiRg spaces/1,000 sf of ballroom, spaces/1,000 sf of ballroom,
Hotel/Motel, including ancillary meeting,bar and restaurant areas; meeting,bar and restaurant areas;
uses plus I space/2 employees of the plus 1 space/2 employees of the
largest shift largest shift
Sec.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 Is 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 Bees not include structures or structural features inconsistent with the Principal
Use;
iv. May include the Guest lodging of all or a portion of a household living 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. +v—Dees Do not include residential occupancy in conjunction with uses other than
P Y J
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. %,. Mas 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.T#is The 25%floor area limitation,hewe'vef,shall does
not apply to off-street parking. Guest Lodging is exempt from the 25%floor area limitation.
Table 29.501(4)-1
RESIDENTIAL I'SE CATEGORIES
Household Living
Accessory Uses
i*f
Home Share
Hosted Home Share
Short-Term Lodging
Definition. Facilities offering transient lodging accommodations to the general public,where the aveFage length of
stay is less 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
less than 60 days.
Bed and Bed& Breakfast Establishment
WetelsHotel
MetelsMotel
Recreational Vehicle Park
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
Household Living Accessory Uses
1
14eFae Offiee -Y #9 73B,k8ta4
Home Occupationl4eme Business Y HO ZBA/Staff
Home Share Y ZP ZEO
Hosted Home Share Y ZP ZEO
Short ternt-Iodgings Short-Term Lodging N
Bed& Breakfast Establishment Y SP ZBA
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
ass
Household Living Accessory Uses
.. ..........
..._
Clubhouse N
u.... e Offiee -Y NO ZBR,ISta
Home Occupation Heme Business Y HO ZBA/Staff
Home Share Y ZP ZEO
Hosted Home Share Y ZP ZEO
Short term Lodgings Short- I ern, N,wirept Bed and BFeak��
Lodging .
Id9
Bed& Breakfast Establishment Y SP ZBA
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
l4ems,Offlee -Y H9 €f
Home Occupation Heme Business Y HO ZBA/Staff
........... _
Home Share Y ZP ZEO
Hosted Home Share Y ZP ZEO
SheF4 term Lodgings Short-Term N,emeep!Bed and WeakfaSl 440 ZBA,Ista
LodE!inQ P
Oration.
Bed& Breakfast Establishment Y SP ZBA
###
Sec.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
—Dome O f'►ee ZBA�Sta€f
Home Occupation -Remme 14usi..ess Y HO ZBA'Staff
Home Share Y ZP ZEO
Hosted Home Share Y ZP ZEO
Short-Term N,OX6ept Bed dRd Weak #9 ZB A Ista
Lodging n
Bed& Breakfast Establishment 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
Household Living Accessory lases
Clubhouse Y SDP 'Minor Staff
—Heme Off ee -Y # 9
Home Occupation "eme Bus*nes Y HO ZBA/Staff
Home Share Y ZP ZEO
Hosted Home Share Y ZP ZEO
eti,..w term Ledgings Short-Term N,emeept Bed and Break NO
Lodeine
Bed&Breakfast Establishment Y SP ZBA
Sec.29.705. "RLP" RESIDENTIAL LOW DENSITY PARK ZONE.
Table 29.705(4)
Residential Low Density Park(RLP)Zone Uses
APPROVA
USE CATEGORY STATUS L APPROVAL
REQUIRE AUTHORITY
D
RESIDENTIAL USES
Eerily Manufaetur-ed
Home and aeeessei�,uses
Household Living SDP Maje listed in Table 29.59-0
Only. Home Offise and
Heme Business allowed as
ReOeSW�'Uses.
Manufactured Housing Y SDP Maio r City Council
Household Livine Accessory Uses
._ ..
Accessory Uses Specific to Y see Table 29.501(4) SDP City Council/Staff
Manufactured Housing 1 Major/ZP
Home Occupation Y SP ZBA
Home Share Y ZP ZEO
Hosted Home Share Y ZP ZEO
Shei4 term Short-Term N
Lod in
Y = Yes;permitted as indicated by required approval
N = No;prohibited
SP = Special Use Permit required: See Section 29.1503
ZP = Buildina/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.29.801. "NC"NEIGHBORHOOD COMMERCIAL ZONING STANDARDS.
Table 29.801(2)
Neighborhood Commercial(NC)Zone Uses
USE CATEGORY STATUS APPROVAL APPROVAL
REQUIRED AUTHORITY
RESIDENTIAL USES
rs*
Household Living Accessory Uses _
Home Share Y ZP ZEO
Hosted Home Share Y ZP ZEO
Shea-teFm LedgiRgs Short-Term �
Lodein¢
Bed&Breakfast Establishment Y SP ZBA
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
S110A WFA 6edgi%1s Short-Term Y,except Bed& Breakfast
SDP Minor Staff
Lodging Establishment
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
9110 A te... ' edt4a s Short-Term Y,except Bed& Breakfast
Lodging Establishment SDP Minor Staff
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
Shoo form 1 adgi..,.s Short-Term Y,except Bed&Breakfast
SDP Minor Staff
Lod in Establishment
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
Sher 1 *o---lLodging s Short-Term Y.except Bed& Breakfast
Lod in v Establishment SDP Minor Staff
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
Shen term Ledgings Short-Term Y,except Bed& Breakfast SDP Minor Staff
Lod"inQ Establishment
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
ShBA teffn' edgii+ c Short-Term Y.except Bed&Breakfast
Lodging Establishment SDP Minor Staff
r**
Sec.29.903. Researeh Park l.,..,,yat6en DiSt iet(RI)"RI"RESEARCH PARK INNOVATION
DISTRICT.
Table 29.903(2)
RI Zone Uses
USE CATEGORIES STATUS APPROVAL APPROVAL
REQUIRED AUTHORITY
RESIDENTIAL USES
Shen!ems Uedgings Short-Term Y,except Bed& Breakfast
Lodging Establishment SDP Minor Staff
sr.
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
.s*
Household Living Accessory Uses
Heme Office
........
No ZB A/Sta€€
Home Occupation Heme Business Y HO ZBAlStaff
Home Share Y ZP ZEO
Hosted Home Share Y ZP ZEO
Short-Term N,wieept Bed and Weak -HQ ZBA.Ista
Lodging
Bed&Breakfast Establishment Y SP ZBA
Sec.29.1004_ "DGC" DOWNTOWN GATEWAY COMMERCIAL_
Table 29.1004(2)
Downtown Gateway Commercial Uses
USE CATEGORY STATUS APPROVAL APPROVAL
REQUIRED AUTHORITY
RESIDENTIAL USES
Sheft-term inedgifig Short-Term Y,except Bed& Breakfast SDP Major Staff
Lodeins(stand alone or mixed use) Establishment
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(Saecial 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.29.1201. "F-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 AccessoEy Uses* Y Y Y
***
*Guest Lodging is subject to the requirements of Chapter 35;Home Occupations are subject to Section 29.1304.
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
u e ntr o V No ZBA4ta�
Home Occupation Home Business Y HO ZBA/Staff
.......... .- _.... .. ._......... .. .....
Home Share Y ZP ZEO
Hosted Home Share Y ZP ZEO
Shei4 term Short-Term N,exeept Bed and WeakfaSl 440 f#
Lod in
Bed& Breakfast Establishment 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 Offiee #9 Z13,k1sta�f
Home Occupation Y HO ZBA/Staff
Home Share Y ZP ZEO
Hosted Home Share Y ZP ZEO
SheFt term Short-Term N.emeept Red and Wealefast 440
l.o�ini
Bed& Breakfast Establishment Y SP ZBA
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
Table29.501(4)-1 Seetien 29.300of this ordinance.
Garages
Open space uses
Home occupations subject to standards of Section 29.1304 of this
*** ordinance
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
Sec.29.1302.GUEST LODGING REOUIREMENTS. BED& BREAKFAST ESTABLISHMENTS.
(1) Special Use Permit.Bed& Breakfast Establishments must obtain a Special Use Permit from the
Zoning Board of Adjustment prior to receiving a Guest Lodging license.The Special Use Permit is not
transferable to a subsequent owner or to another property.
(2) Guest Rooms.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.
(3) Off-Street Parking Requirements.Bed&Breakfast Establishments must have one reserved space
per guest room,plus one space for the owner.The parking spaces shall meet standards established by
Section 29.406 of this ordinance.
(4) 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,building/zoning permits and licenses.
Guest Rooms. A maximum ef 5 peF StFdetWe in the M4 and R14 Zones and a FRaximuffi 8f2 PeF
a WSW R ef-:
(7) The establishment must eemply with losal and state r-egulaiiens FegaFdiRg all applieftble peffflitS afid
peFmits and l;eenses.
Sec. 29.1304. HOME OCCUPATIONS.
(1) Permitted,Special and Prohibited Home Occupations.
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 and after its passage and publication as required
by law. Enforcement of this ordinance shall begin on November 1,2019.
Passed this day of ,
Diane R. Voss,City Clerk John A.Haila,Mayor
ORDINANCE NO.
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES,IOWA,BY ENACTING A NEW
SECTION 13.100(5)(b)THEREOF, FOR THE PURPOSE OF
HARMONIZING CHAPTER 13 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 a new Section 13.100(5)(b)as follows:
"Sec. 13.100 GENERAL
(5) Exceptions.
The following residential structures are exempt from these rules:
(b) the use of a dwelling unit, wholly or partially, as a Bed & Breakfast Establishment,
Home Share,or Hosted Home Share licensed under Chapter 35.
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction
punishable as set out in Ames Municipal Code Chapter 13.
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. Enforcement of this ordinance shall begin on November 1,2019.
Passed this day of
Diane R.Voss,City Clerk John A.Haila, Mayor
ORDINANCE NO.
AN ORDINANCE TO .AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES, IOWA, BY ENACTING A NEW
CHAPTER 35, GUEST LODGING CODE THEREOF FOR
THE PURPOSE OF REGULATING GUEST LODGING IN
THE CITY OF AMES, IOWA; 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 Chapter as follows:
"INEW1 Chapter 35 GUEST LODGING CODE
Sec.35.100. TITLE,PURPOSE AND SCOPE.
These regulations shall be known as the Guest Lodging Code of the City of Ames, hereinafter referred to as "this
code."
In the adoption of this code, the City finds that the Guest Lodging of dwelling units has the potential to be
incompatible with surrounding residential uses. Therefore, special regulation for short-term occupancy is
necessary to ensure that these uses will be compatible with surrounding residential uses and will not materially alter
the character of neighborhoods in which they are located. This code provides reasonable and necessary regulations
for the licensing and operation of Guest Lodging in order to:
(1) Ensure the safety, welfare and convenience of guests, owners and neighboring property owners
throughout Ames;
(2) Help maintain the City's needed housing supply for household living;and
(3) Protect the character of the City's neighborhoods by limiting the operations, number, and
concentration of Guest Lodging in residential zones.
Sec.3.5.200. DEFINITIONS.
For the purposes of this code, the following words, terms and phrases have the meanings set forth herein.
Where terms are not defined herein but are defined elsewhere, such as in Ames Municipal Code Chapter 13,
Rental Housing Code or Chapter 29, Zoning Ordinance, such terms have the meanings ascribed therein.
Apartment Share means the Guest Lodging of a portion or the entire dwelling unit within an apartment building
that is the primary residence of the tenant.
Applicant means a property owner or agent of a property owner who has filed an application for a Guest
Lodging license.
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 is present and provides lodging, and may
provide breakfast for overnight guests.
Bedroom, .Approved Bedroom means any room or space used or intended to be used for sleeping purposes
that is found to be in compliance with the standards of Chapter 13.
Enforcement Officer means that person or persons designated by the City Manager who is responsible for the
administration and enforcement of this code.
Dwelling Unit means a single unit providing complete, independent living facilities for one or more
persons, including permanent provisions for living,sleeping,eating,cooking and sanitation.
Guest Contract means one or more persons who act as a single group and as a single reservation and payment for a
Guest Lodging.
Guest Lodging means the advertising, offering, or otherwise availability of 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 does not include any hotel or motel facility.
Guest Lodging License means the regulatory license required by this code.
Home Share means the limited Guest Lodging of the entire dwelling unit that is the primary residence of the
property owner,while the property owner is not present.
Hosted Home Share means the limited Guest Lodging of a portion of a dwelling unit that is the primary
residence of the property owner, while the property owner is present. For the purposes of this definition,
"present" means the property owner is staying in the dwelling overnight during the Guest Lodging.
Letter of Compliance means a document issued by the Inspection Division, stating the premises have been
inspected and found to be in compliance with Ames Municipal Code Chapter 13, Rental Housing Code, on the
date of inspection.
Owner means any person, agent, operator, firm or corporation having a legal or equitable interest in the
property; or recorded in the official records of the state, county or municipality as holding title to the
property; or otherwise having control of the property, including the guardian of the estate of any such
person, and the executor or administrator of the estate of such person if ordered to take possession of real
property by a court.
Primary Residence means a dwelling unit that is the only place where a person has a true, fixed, and
permanent home, and to where, whenever the person is briefly and temporarily absent, the person intends to
return. A person may have only one primary residence.
Sec.35.300. GUEST LODGING LICENSING
(1) License Required. No person or entity may advertise, offer, let, operate, or otherwise make available
Guest Lodging without a current Guest Lodging license issued by the City of Ames in accordance with
the provisions of this code.
35.400 GUEST LODGING STANDARDS
(I) Application. Any property owner or entity intending to allow or carry on the business of offering Guest
Lodging on their property must submit a written application with the Enforcement Officer
demonstrating that the proposed Guest Lodging meets the required standards of this code. To receive
approval,an applicant must demonstrate that all applicable standards listed below have been met:
(a) Applicant is the Property Owner. A license must be obtained and renewed annually by the
property owner and will be issued in the property owner's name. Each dwelling unit is licensed
individually.
(i) Primary Residence. The dwelling unit is the primary residence of the property owner
for a Home Share, Hosted Home Share,and Bed& Breakfast Establishment and the primary
residence of the tenant for an Apartment Share.
(b) Zoning. The dwelling unit is located in a zoning district permitting their use as Guest Lodging, as
identified in the zoning use tables found in Chapter 29, Zoning Ordinance. Generally. Guest
Lodging is allowed in any of the following zoning districts: A. RL. RM, UCRM, RLP, RH, F- VR,
FS-RL, FS-RM, F-PRD, S-SMD,NC,CCR, DSC,CSC,and DGC.
(c) Occupancy.
(i) Hosted Home Shares are limited to a maximum of two approved bedrooms and two adults
as guests per dwelling unit. The applicant must specify which portions of the dwelling
unit will constitute the licensed premises available for use for the Guest Lodging.
(ii) Bed & Breakfast Establishments are limited to a maximum occupancy of two adults per
approved bedroom. The Zoning Board of Adjustment determines the number of
bedrooms specific to the dwelling unit. No more than five bedrooms may be approved.
(iii) Home Shares are limited to a maximum of two adults per approved bedroom, not to exceed
a total of five adults per dwelling unit.
(iv) Apartment Shares are limited to the occupancy standards of Chapter 13, Rental Housing
Code.
(d) Off-Street Parking. Parking is provided according to the requirements of the Zoning Ordinance
Section 29.406 and the following:
(i) Hosted Home Shares-No additional parking required.
(ii) Bed & Breakfast Establishments - 1 reserved space per guest bedroom, plus 1 space for the
owner.
(iii) Home Shares- 1 space per bedroom(maximum required-5 spaces).
(iv) Apartment Shares—No additional parking required.
(e) Fire Safety Requirements. All units must be evaluated with a checklist for fire safety(means of egress
and fire protection systems) and owners must ensure continued compliance with fire safety regulations
included in Ames Municipal Code Chapter 13, Division Vlll.
(f) Tax Compliance. At time of renewal, documentation must be provided indicating that required taxes
for the previous year have been paid pursuant to Ames Municipal Code Section 24.3.
(g) Special Use Permit.Bed & Breakfast Establishment owners must obtain a Special Use Permit from
the Zoning Board of Adjustment,prior to receiving a Guest Lodging license.
(h) Inspection. Upon application for a license all Guest Lodging must be made available for City
verification and inspection for compliance. Refusal by the applicant to allow such inspection shall be
grounds for denial of a license. Subsequent inspections may be conducted as part of a regular periodic
inspection program or as required to verify correction of deficiencies, or as necessitated by
complaints.
(2) Additional Operational Requirements.In addition to initial application requirements,the following also
apply:
(a) Concurrent Guest Contracts Not Allowed Within a Dwelling Unit. Accommodations must be
offered as one guest contract only. Bed& Breakfast Establishments are exempt from this limitation
and may offer one guest contract per approved bedroom.
(b) Maximum Number of Days per Annual Renewal Period (for Home Shares only). Home
Shares are limited to a total of 90 days per annual renewal period, with each guest contract including
a period of 31 days or less.
(c) Mandatory Postings of License. A copy of the Guest Lodging license issued by the City must be
displayed in a prominent location within the interior of the dwelling near the front door.
(d) Registry of Guests. Each owner must keep a registry of guests accommodated during the licensing
period.
(e) Responsiveness to Complaints. The owner or representative must respond to complaints in a
reasonably timely manner and shall maintain a record of the actions taken in response.
Sec.35.500. ADMINISTRATIVE PROCEDURES.
(1) Administrative Rules. The Enforcement Officer shall have the authority to establish administrative
rules and regulations consistent with this code, for the purpose of interpreting, carrying out, and
enforcing it.
(2) Application Review and Issuance of License including Renewal.
(a) Application Form. Application for a Guest Lodging license or license renewal must be on forms
provided by the City.
(b) License Fee. The application fee for a Guest Lodging license or license renewal must be as
established by resolution of the City Council. These fees are in addition to any other permit or
registration fees that may be required.
(c) Application Submittal and Review. Complete and accurate information must be provided to the
City.
(i) Staff review. The application will be reviewed by staff within five working days for
completeness.
(ii) Incomplete Application. Any application that does not include all required information
will be considered incomplete. In such cases, the City will notify the applicant in writing,
explaining the information required. If the applicant does not provide the required
information within 31 days of the notice, the application will be deemed
withdrawn/denied for lack of responsiveness with no return of application fees.
(iii) Inspection. All premises being considered for licensure as Guest Lodging must be
subject to inspection by the City for the purpose of investigating and determining
compliance with the requirements of this code. Should the premises not be made
available for inspection when requested, the application will be considered incomplete.
(iv) Approval. A complete application in compliance with this code will be approved and
granted a one-year license.
(v) Conditional Approval. When circumstances do not warrant a full one-year license, a
conditional approval may be granted. A conditional approval allows an applicant to
operate while coming into full compliance or while correcting a violation. A conditional
approval is time limited for no more than three months and is not renewable.
(vi) Denial including lion-Renewal. Any violation of the provisions of this code may be
considered during the application review and may result in denial or non-renewal.
Verified complaints with notice of corrective action involving violations of the zoning code,
building code, and/or applicable laws or regulations may be a basis for denying a license. A
property owner may not reapply for a license for a period of 12 months for that dwelling unit,
if denied a Guest Lodging license based upon this section.
(vii) Notification. Within 31 days of determining the receipt of a complete application, the
applicant will be notified of approval, denial, or additional information needed to approve
the request.
(3) Term
(a) All licenses shall terminate after one year. Annual applications must be submitted by the property
owner of record,prior to expiration of the Guest Lodging license.
(b) If a Guest Lodging license expires, the dwelling unit may not be used or occupied as Guest Lodging
until such time as a subsequent license has been granted for that unit.
(4) Transferability. The license must be issued in the name of the property owner and is not transferable to a
subsequent owner or to another property.
(5) Revocation.
(a) The Enforcement Officer may immediately revoke or temporarily suspend a Guest Lodging
license based upon any of the following,if it is found that:
(i) A required Letter of Compliance has either expired or been revoked;
(ii) The licensee, designated operator, or guest has violated any of the provisions of this code
or conditions of the license;
(iii) The applicant has made a false statement of material fact on an application for a Guest
Lodging license;
(iv) The licensee, designated operator, or guest has violated any federal, state, or city law or
regulation pertaining to the use of the property as Guest Lodging; or
(v) The Chief of Police or Fire Chief and/or their designees have determined that the Guest
Lodging would pose a serious threat to public health, safety, or welfare.
(b) The Enforcement Officer shall send or deliver written notice to the property owner stating the
basis for the decision of revocation or suspension, the effective date of the revocation or suspension,
the right to appeal the decision, and the procedure for filing an appeal. Any notice of suspension
must include information about possible corrective action and time for compliance,as applicable.
(c) Upon revocation of a license, the dwelling unit or parcel described in the license is ineligible to
receive another license pursuant to this code for one year from the date of revocation.
(6) Violations and Penalties. In addition to the aforementioned actions of revocation, suspension, denial
or non-renewal of a license, any violation of any provision of this code may also be enforced as a
municipal infraction by the Enforcement Officer. The penalty for a first violation shall be 5500. The
penalty for each subsequent violation shall be 5750.
Sec.35.600. APPEALS.
Any part) aggrieved by the Enforcement Officer's decision to deny, suspend, revoke, or issue a license may
appeal the determination to the Zoning Board of Adjustment within 31 days, under the procedures set forth in the
Zoning Ordinance Section 29.1403(8).
Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction
punishable as set in this ordinance.
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. Enforcement of this ordinance shall begin on November 1,2019.
Passed this day of
Diane R.Voss,City Clerk John A. Haila,Mayor