The URL can be used to link to this page

Home My WebLink AboutA018 - Email from City Attorney dated June 15, 2020 - separation distance language in HF2641 r } Diane Voss From: Mark Lambert <mark.lambert@cityofames.org> Sent: Monday, June 15, 2020 9:27 AM To: Kelly Diekmann; John Haila; Steve Schainker; Brian Phillips; Deb Schildroth; Sara VanMeeteren; RICHARD HIGGINS Cc: MayorCouncil@cityofames.org Subject: Short-term rental langue passed The good news is that the "separation distance" language was removed from this bill. (The bill passed is HF 2641) The bad news is that Legislature still passed the limits on short-term rental properties, which essentially makes our overall short-term rental ordinance unenforceable. (Except maybe in parts, but we'll have to look closely at it to determine what we are allowed to still enforce. But it won't be much, if any).They added a new provision,that a city may not require a license or permit fee for a short-term rental property in the city. The legislation, assuming the Governor signs it, will be effective July 1. NEW PARAGRAPH. e. (1) For purposes of this paragraph, "short-term rental property" means any individually or collectively owned single-family house or dwelling unit; any unit or group of units in a condominium, cooperative, or timeshare; or an owner-occupied residential home that is offered for a fee for thirty days or less. "Short-term rental property" does not include a unit that is used for any retail, restaurant, banquet space, event center, or other similar use. (2) A city shall not adopt or enforce any regulation, restriction, or other ordinance, including a conditional use permit requirement, relating to short-term rental properties within the city. A short-term rental property shall be classified as a residential land use for zoning purposes. (3) Notwithstanding subparagraph (2), a city may enact or enforce an ordinance that regulates, prohibits, or otherwise limits short-term rental properties for the following primary purposes if enforcement is performed in the same manner as enforcement applicable to similar properties that are not short-term rental properties: (a) Protection of public health and safety related to fire and building safety, sanitation, or traffic control. (b) Residential use and zoning purposes related to noise, property maintenance, or nuisance issues. (c) Limitation or prohibition of use of property to house sex offenders; to manufacture, exhibit, distribute, or sell illegal drugs, liquor, pornography, or obscenity; or to operate an adult-oriented entertainment establishment as described in section 239B.5, subsection 4, paragraph "a". (d) To provide the city with an emergency contact for a short-term rental property (4) A city shall not require a license or permit fee for a short-term rental property in the city. The Legislature has ended its session for the year. Mark 1P,", m e s Mark O. Lambert City Attorney 515.239.5146 main( 515.239.5142 fizz i mark.lambert@cityofames.org I City Hall, 515 Clark Avenue Ames, IA 50010 www.CityofAmes.org " Caring People —Quality Programs" Exceptional Service " From: Mark Lambert Sent: Friday, June 12, 2020 11:32 AM To: Kelly Diekmann <Kelly.Diekmann@cityofames.org>;John Haila <John.Haila@cityofames.org>; Steve Schainker <Steve.Schainker@cityofames.org>; Brian Phillips<Brian.Phillips@cityofames.org>; Deb Schildroth <deb.schildroth@cityofames.org> Cc: MayorCouncil@cityofames.org Subject: RE: State legislation re: short-term rentals The language on the separation distances would create a variety of problems, as Kelly noted below. But the legislation further, and severely, would limit our regulation of short-term rentals with the language below. The legislation would limit cities to just a few areas of regulation, and only in the same manner as we regulate non-short- term-rental properties. I'd have to look piece by piece at our ordinance to see what we'd have to change, but I think it's fair to say this would basically gut our ordinance: (2) A city shall not adopt or enforce any ordinance prohibiting short-term rental properties within the city. A short-term rental property shall be classified as a residential land use for zoning purposes. (3) Notwithstanding subparagraph (2), a city may enact or enforce an ordinance that regulates, prohibits, or otherwise limits short-term rental properties for the following primary purposes if enforcement is performed in the same manner as enforcement applicable to similar properties that are not short-term rental properties: (a) Protection of public health and safety related to fire and building safety, sanitation, or traffic control. (b) Residential use and zoning purposes related to noise, property maintenance, or nuisance issues. (c) Limitation or prohibition of use of property to house sex offenders; to manufacture, exhibit, distribute, or sell illegal drugs, liquor, pornography, or obscenity; or to operate an adult-oriented entertainment establishment as described in section 2396.5, subsection 4, paragraph "a". (d)To provide the city with an emergency contact for a short-term rental property Mark 'Ar 16k P M S Mark O. lambert City Attorney 515.239.5146 1110h71 515.239.5142 fax mark.lambert@cityofames.org I City Hall, 515 Clark Avenue I Ames, IA 50010 www.CityofAmes.org I —Caring People — Quality Programs — Exceptional Service From: Kelly Diekmann <kelly.diekmann@cityofames.org> Sent: Friday,June 12, 2020 11:18 AM To:John Haila <john.haila@cityofames.org>; Mark Lambert<mark.lambert@cityofames.org>; Steve Schainker <Steve.schainker@cityofames.org>; Brian Phillips<brian.phillips@cityofames.org>; Deb Schildroth <deb.schildroth@cityofames.org> 2 Cc: MayorCouncil@cityofames.org Subject: RE: State legislation re: short-term rentals We have a 1,000 foot separation distance in our standards related solely to Vacation Lodging, which is the type of short term lodging that does not have an owner present in a single-family or two family dwelling. All other types would be unaffected. It is possible it could also affect our Supervised Transitional use which is within a single-family dwelling and subject to a 500-foot separation distance. Kelly Diekmann Planning and Housing Director 515.239.5400- main] 515.239.5181 direct 1515.239.5404 -fax kdiekmann@city.ames.ia.us I City Hall, 515 Clark Avenue I Ames, IA 50010 www.CityofAmes.org " Caring People — Quality Programs " Exceptional Service " A", m e s ' From:John Haila <iohn.haila@cityofames.org> Sent: Friday,June 12, 2020 11:03 AM To: Mark Lambert <mark.lambert@cityofames.org>; Steve Schainker<steve.schainker@cityofames.org>; Brian Phillips <brian.phillips@cityofames.org>; Deb Schildroth <deb.schildroth@cityofames.org>; Kelly Diekmann <kelly.diekmann@cityofames.org> Cc: MayorCouncil@cityofames.org Subject: Re: State legislation re: short-term rentals How does this interface with our ordinances? Conflicts?Adverse affect in Ames, if any? John A.Haila, Mayor City of Ames From: Mark Lambert<mark.lambert@cityofames.org> Sent: Thursday,June 11, 2020 3:46:17 PM To: Steve Schainker<steve.schainker@citvofames.org>; Brian Phillips<brian.phillips cityofames.org>; Deb Schildroth <deb.schildroth@cityofames.org>; Kelly Diekmann <kelly.diekmann@cityofames.org> Cc: MayorCouncil@cityofames.org<MayorCouncil@cityofames.org> Subject:State legislation re: short-term rentals Legislation suddenly appeared at the Iowa Legislature that would limit the ability of cities to regulate short-term rentals (AirBNB, etc.) The relevant part starts near the bottom of Page 60 of the bill (first limiting counties), the part specific to cities begins near the bottom of page 61, which starts with language that seems intended to prohibit municipal ordinances establishing separation distances between short-term rentals (but which is written so poorly and so broadly, it probably makes ordinary setback requirements, and maybe more, unenforceable). 3 The League is working on this. I thought you should be aware. https://www legis.iowa.gov/legislation/BiIIBook?ba=SSB3202&ga=88 Mark Pmes Mark O. Lambert City Attorney 515.239.5146 rnoin( 515.239.5142 fci,.x mark.lambert@cityofames.org I City Hall, 515 Clark Avenue Ames, IA 50010 www.CitVofAmes.org I - Caring People - Quality Programs" Exceptional Service " 4