HomeMy WebLinkAboutA003 - Council Action Form dated June 11, 2019 7
ITEM # 27
DATE: 06-11-19
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 first reviewed a conceptual regulatory framework for short-term rentals (herein
referred to as guest lodging with proposed ordinance) on October 23r regarding one and
two-family homes. On November 13, 2018, the City Council directed staff to proceed with
drafting standards that would allow guest lodging within apartments dwellings and to proceed
with described licensing system of one and two-family homes. On February 26, 2019, City
Council reviewed a draft of the proposed ordinances and gave 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) and the Rental Housing Code (Chapter 13). On April
23, 2019, City Council directed staff to remove 'Vacation Lodging" from the proposed
ordinances, so that guest lodgings might move forward to a first reading. A discussion of
Vacation Lodging is the subject of a separate staff report.
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. 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 is 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:
1
• 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 June 11th and subsequent
second and third readings in June, the new ordinances would be effective on or about July 1st
Staff proposes a delayed compliance period to allow time to receive and process applications,
before enacting enforcement procedures, beginning on September V (the day after Labor
Day).
During the initial 60-day compliance period there would be no citations for operating an STR
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
2
only a neighborhood map of listing, but does not where the unit is located with a property
r add ess.
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
51 ,500 based upon 50 listings in the City and a cost of $30.00 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.
ALTERNATIVES:
1 a. The City Council can adopt on first reading each of the attached ordinances:
i. 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. Amending the text of the Zoning Ordinance (Chapter 29), and
iii. Amending text of the Rental Housing Code (Chapter 13) to allow the use of guest
lodging, and
1 b. Establish a fee for Guest Lodging licensure for 2019-2020 at $50.00.
Note- Staff will place the approved ordinances on the June 1811 agenda for 2nd reading
and on June 2511 for 3rd reading, allowing for the ordinances to be published by July
1st
2. 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.
3. The City Council can postpone to date certain, the first reading of any of the ordinances,
preserving the noticing and postponing any action on establishing a fee for guest lodging
licensure.
CITY 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 three types of proposed guest lodging (Bed and Breakfast. Hosted Home Shares. and
Home Shares), 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 September
3rd 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 next spring, would shed 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 and establish a fee for initial guest lodging
licensure as described in Alternative #1.
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: 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,
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. The offering of a hosted home
share by tenants of rental apartments is exempt from licensure. Oversight compliance would
be the responsibility of the landlord.
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 30 consecutive
days. The offering of a home share by tenants of rental apartments is exempt from licensure.
Oversight compliance would be the responsibility of the landlord.
Bed & Breakfast Establishments
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 with no license required.
6
• The Commission also recommend that if Vacation Rentals 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 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.
7
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 Cit s neighborhoods b limiting the operations, number, and
y g Y g P .
concentration of guest lodging in residential zones.
Sec.35.200. 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.
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 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 residence 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 b y the City of Ames in
g g g g g g y h'
accordance with the provisions of this code.
('_) Exemptions. Apartment tenants offering Home Shares or Hosted Home Shares may operate without a
license in all districts allowing guest lodging.
35.400 GUEST LODGING STANDARDS
(1) 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. Single-family, two-family_and
condominiums are licensed individually by unit(one unit per license).
(i) Primary Residence. The dwelling unit is the primary residence of the property
owner for Home Shares,Hosted Home Shares and Bed& Breakfast Establishments.
(ii) Local Contact Information/ Property Representative. Home Shares are required to
have a local property representative with access to the unit who is authorized to
make decisions regarding the use or condition of the unit. For Hosted Home Shares
or Bed& Breakfast Establishments,the local representative is the property owner.
(b) Housing Type. There is no restriction on the type of housing in which guest lodging may be
licensed.
(c) 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.
(d) 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.
(i i) Bed& Breakfast Establishments are permitted 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) Any dwelling unit subject to a Letter of Compliance is bound by the Rental Housing
Code Occupancy Limitations,even if the Letter of Compliance is not required herein.
(e) 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- I reserved space per guest bedroom, plus 1 space for
the owner.
(iii) Home Shares- 1 space per bedroom(maximum required-5 spaces).
(f) Fire Safety Requirements. All units must complete a checklist for fire safety(means of egress
and fire protection systems) and ensure continued compliance with fire safety regulations
included in Ames Municipal Code Chapter 13, Division V111.
(g) 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.
(h) Special Use Permit.
(i) Bed & Breakfast Establishments must obtain a Special Use Permit from the Zoning
Board of Adjustment,prior to receiving a guest lodging license.
(i) 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 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.
0) Additional Operational Requirements.
(i) 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.
tii) 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.
(iii) 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.
(iv) Registry of Guests. Each owner must keep a registry of guests accommodated during
the licensing period.
(v) 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.
(vi) Ongoing Compliance. The guest lodging standards must operate as continuing code
compliance obligations of the applicant.
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.
(i) Application Form. Application for a guest lodging license or license renewal must
be on forms provided by the City.
(i i) 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.
(iii) Application Submittal and Review. Complete and accurate information must be
provided to the City.
a. Staff review. The application will be reviewed by staff within five working
days for completeness.
b. 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.
c. 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.
d. Approval. A complete application in compliance with this code will be
approved and granted a one-year license.
e. 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.
f. Denial including Non-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 period of 12 months if denied a guest lodging license based upon
this section.
g. 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.
(i) All licenses shall terminate after one year. Annual renewal applications must be
submitted by the property owner of record,prior to expiration.
(ii) 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.
(i) The Enforcement Officer may immediately revoke or temporarily suspend a guest
lodging license based upon any of the following, if it is found that:
a. A required Letter of Compliance has either expired or been revoked;
b. The licensee, designated operator, or guest has violated or failed to meet
any of the provisions of this code or conditions of the license;
c. The applicant has made a false statement of material fact on an application
for a guest lodging license;
d. 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
e. 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.
(ii) 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.
(iii) 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$500.The penalty for each subsequent violation shall be$750.
Sec.35.600. APPEALS.
Any party 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 September 3,2019.
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 NEW
SUBSECTIONS 29.201(14.1), 29.201 (17.1), 29.201 (18.1),
29.201(19.1), 29.201 (92.1), 29.201 (92.2), 29.201(98.1),
29.201(100.1), and 29.201(160.2) 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(14.1),29.201(19.1),29.201(98.1),29.201(100.1),
29.201(160.2), 29.201(191.1),and 29.201(191.2)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:
Basement. See subseetoeft 250.
(18.1) Basement. That floor level of a building between the upper surface of a floor and the
ceiling or floor ioists next above, which has at least 50% of the total area of its perimeter of
foundational walls located below natural and finished grade.
N 9.1) 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 licensed under Chapter 35.
(92.1)Guest Lodeine 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.
(92.2)Guest Lodeine License means the regulatory license required by Chapter 35.
(98.1) Home Share means the limited guest lod ing of the entire dwelling unit that is the primary
residence of the property owner, while the property owner is not present. A Home Share is an
accessory use to household living and is a category of guest lodging licensed under Chapter 35.
(100.1) Hosted Home Share means the 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 Title, "present" means the property owner is staving in the dwelling overnight. A Hosted
Home Share is an accessory use to household living and is a category of guest lodging licensed
under Chapter 35.
(160.2) Primary Residence means a residence 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.
(250) Basement.That flOBF level efa buHdiag between;he uppeF suffaee efa fiew and the ae4iffg
wails ieeated beiew Ratural and finished grade-.
Sec.29.406. OFF-STREET PARKING.
Table 29.406(2)
Minimum Off-Street Parking Requirements
ALL ZONES EXCEPT DOWNTOWN DOWNTOWN AND
PRINCIPAL LAND USE AND CAMPUSTOWN SERVICE CAMPUSTOWN SERVICE
CENTER ZONES CENTER ZONES
RESIDENTIAL DWELLINGS
Group Living
Boarding houses,rooming houses,and 1 space/bed 0.5 space/bed
lodging houses
College and University housing, 1 space/3 beds NONE
fraternities and sororities
Greup-bi ,in 1 space/5 beds,plus 1 space/2 staff NONE
Nursing and convalescent homes members of the largest shift
Short-Term Lodging
Bed& Breakfast Establishment 1 space/guest bedroom,plus 1 space for the N/A
owner
1 space/guest room;plus 6 spaces/1,000 sf 1 space/guest room;plus 6
S ie-�6edgki-g of ballroom,meeting,bar and restaurant sping,bar an sf stballroom,
areas;plus 1 space/2 employees of the meeting,bar and restaurant areas;
Hotel/Motel, including ancillary uses p pplus 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;
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 Dees 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, such as Hosted Home
Shares,and Home Shares;
v_Does not include residential occupancy in conjunction with uses other than
otheF 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. 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. The This 25% floor area limitation.
heweyeF, shall does not apply to off-street parking. Hosted Home Shares, and Home
Shares are exempt from the 25%floor area limitation.
Table 29.501(4)-1
RESIDENTIAL USE CATEGORIES
Household Living
Accessory Uses
Home Share
Hosted Home Share
Short-Term Lodging
Definition. Facilities offering transient lodging accommodations to the general public, where the ever-age
length of stay is less than 60 31 days or less. Short-term lodging is subiect to State of Iowa definitions,
permits,and rules, including remittance of hotel and motel tax.
Uses Included
Rearding, Feeming eF 'edging hettses and single reem eeeupaney (SRO) hotels, %%,here the mvr-age iengfl+
efstay is less than 60 days.
Bed and bFeakfBStS
Bed& Breakfast Establishment
Hotels
Motels
Recreational Vehicle Parks
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
Home Share Y Staff
Hosted Home Share Y Staff
SheFt twm' edgiW Short-Term Lodging N
Bed& Breakfast Establishment Y SP ZBA/Staff
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
-----
Home Share Y Staff
Hosted Home Share Y Staff
Short-Term Lodgin N, ex.eept Bed and Breakfast Ho ZBA�Sta
_....-_.......__.....
Bed&Breakfast Establishment Y SP Staff
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
Home Share Y Staff
—_....._._..........._.___........__. _..._.......
__.-.
Hosted Home Share Y Staff
Shen term Short-Term Lod€i'ntz 0 ff
_.-----------___.._-- _-___ peFmitled wi - ._.___ ____.--._.__ ._.___..__....._
....................._._....
Bed& Breakfast Establishment Y SP ZB.4'Staff
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
**s
Household Living Accessory Uses
*sr
Home Share Y Staff
_.._.... -_.....
_
I losted Home Share Y Staff
Shen-te,-m Lodgings Short-Term Lodaine e)(eept Bed mid WeakfaSt No ZB,Vsta
...._._._.......--_.. __.........._.___._.__. ..._ --........._.........__.as a ...._........_........._..._.._
Bed& Breakfast Establishment ly SP ZBA/Staff
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
**s
Household Living Accessory Uses
Home Share Y Staff
Hosted Home Share Y Staff
Shen-terms Lodgings Short-Term Lodgin N, em%eept Bed&gd Breakfast No ZB,Vsta
tied as a Heme-Qeeb
Bed&Breakfast Establishment Y SP ZBA/Staff
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
*es
Household Living Accessory Uses
Home Share Y Staff
..........
Hosted Home Share Y Staff
Sheft term edgings Short-Term Lodging N
Sec. 29.801.NEIGHBORHOOD COMMERCIAL ZONING STANDARDS
Table 29.80](2)
Neighborhood Commercial(NC)Zone Uses
USE CATEGORY STATUS APPROVAL APPROVAL
REQUIRED AUTHORITY
RESIDENTIAL USES
Household Living Accessory Uses
Home Share Y Staff
Hosted Home Share Y _ Staff
Shert-terffl Ledgtrtgs Short-Term Lodeina N
Bed&Breakfast Establishment Y SP ZBA/Staff
t..
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
r*t
Household Living N
Shen term 6ed Short-Term LodQinQ Y,except Bed& Breakfast SDP Minor Staff
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
Sherman nedg+ags Short-Term Lodeina Y,except Bed& Breakfast SDP Minor Staff
Establishment
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
*�r
Short-Term LodeinQ Y, except Bed& Breakfast SDP Minor Staff
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
Household Living Accessory uses
Home Share Y Staff
Hosted Home Share Y Staff
Short-Term Lodging Y,except Bed& Breakfast SDP Minor Staff
Establishment
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 Share Y Staff
Hosted Home Share Y Staff
Short-Term Lodging Y,except Bed& Breakfast SDP Minor Staff
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
s**
Household Living Accessory Uses
I iome Share Y Staff
Hosted Home Share Y Staff
Shen term Ime Short-Term Lodging Y, except Bed&Breakfast SDP Minor Staff
Establishment
Sec.29.903. Research Park Inno%ation District(RI)
Table 29.903(2)
RI Zone Uses
USE CATEGORIES STATUS APPROVAL APPROVAL
REQUIRED AUTHORITY
RESIDENTIAL USES
Sheft tem ' N drops Short-Term Lodging Y. except Bed& Breakfast SDP \1inor Staff
Establishment
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
..r
Household Living Accessory Uses
r*s
Home Share Y Staff
Hosted Home Share Y Staff
$heft tem ' edging Short-Term Lodging N,em.eept Bed and Weakfitst 440
Bed&Breakfast Establishment Y SP ZBA/Staff
Sec.29.1004 "DGC" DOWNTOWN GATEWAY COMMERCIAL
Table 29.1004(2)
Downtown Gateway Commercial Uses
USE CATEGORY STATUS APPROVAL APPROVAL
REQUIRED AUTHORITY
RESIDENTIAL USES
sss
Household Living Accessory Uses
Home Share Y Staff
Hosted Home Share Y Staff
Shen teFm Led9i"Short-Term Lodging Y, except Bed&Breakfast
(stand alone or mixed use) Establishment SDP Major Staff
s«.
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 as set forth in Table 29.1101(4)(a)below:
Table 29.1101(4)(a)
Single Family Conservation Overlay(O-SFC) Uses
USE CATEGORIES STATUS APPROVAL APPROVAL
REQUIRED AUTHORITY
RESIDENTIAL USES
Household Living
Single-Family Dwelling 1' Staff
Two-Family Dwelling 1' Staff
Household Living Accessory Uses
......._.. ........... ------ ......._.................
_.._-._...- --- - -----
Home Share Y Staff
Hosted Home Share Y Staff
Short-Term Lodging
Bed&Breakfast Establishment Y SP ZBA/Staff
(i)Dweiling Single Family
(b)All uses and structures conforming to the Base Regulations and al I 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. 'IF-VR" VILLAGE RESIDENTIAL DISTRICT.
Table 29.1201(5)
Village Residential(F-VR) Floating Zone Uses
USE CATEGORY NEIGHBORHOOD NEIGHBORHOOD NEIGHBORHOOD EDGE
CENTER GENERAL
RESIDENTIAL*
***
*Guest lodeina is subiect to the requirements of Chapter 35.
Sec. 29.1202. "F-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
**s
Household Living Accessory Uses
ti*
Home Share Y Staff
—..._...___........_._.......
_
Hosted Home Share Y Staff
Clubhouse — --...N — ------------- —
Shef4 term Lodgings emeept Bed and Rfeakf�st
Short-Term Lod in � ZiAjStaR
Bed&Breakfast Establishment Y SP ZBA/Staff
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
**s
__ —.----- _... - --------_..........................
Home Share Y Staff
Hosted Home Share 1' Staff
Short-Term Lodging ' ' eept Bed and BFOakfaS -}�9 ff
Bed& Breakfast Establishment Y SP ZBA/Staff
***
Sec.29.1203. "F-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
29.50](4)-1 Seetien, 9.500 of this ordinance.
Guest lodging is subject to the standards of Chapter 35.
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 REQUIREMENTS.BED& BREAKFAST ESTABLISHMENT&
(�} 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.
a lesser nafnIer-.
(4) (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.
(6) Guests shall register- upon aFFiN,ai, stating their naFnes, euFFent Fesidenee address and the lieemse-pla+e
number of thevehiele that is beiiig used by the guest. :Pie FegiStratiffl fOFFA Shall be kept by the ewneF
Local and State Regulations. T4e-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.
Sec.29.1304. HOME OCCUPATIONS.
(1) Permitted,Special and Prohibited Home Occupations.
(viii)
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 September 3,2019.
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 September 3,2019.
Passed this day of ,
Diane R. Voss,City Clerk John A. Haila,Mayor