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Home My WebLink AboutA003 - Memo dated November 19, 2020 from Planning & Housing . Ames Memo Department of Planning& Housing Caring People Quality Programs Fxceptiwwl krvice TO: Diane Voss,City Clerk FROM: Eloise Sahlstrom, Planner DATE: November 19, 2020 SUBJECT: Zoning Text Amendment to Address Changes in State Law Related to Short-Term Rentals(Guest Lodging Chapter 29) The Planning and Zoning Commission took action on the above-mentioned amendment to the Zoning Ordinance at its meeting on November 18, 2020. The City Council will be reviewing this proposed amendment at its meeting of December 8, 2020. I have attached a copy of the Commission Action Form dated November 18, 2020. Please contact me at extension 5400 if you have any questions regarding this agenda itch. ES/nr Attachment S:\Planning.Dep\PLAN_SHR\Council Boards Commissions\PZ\Memo to Clerk Regarding Zoning Text Amendment for Guest Lodging 11-19-2020 ITEM: 6 DATE: 11/18/2020 COMMISSION ACTION FORM SUBJECT: TEXT AMENDMENTS TO THE ZONING ORDINANCE TO ADDRESS CHANGES IN STATE LAW RELATED TO SHORT-TERM RENTALS (GUEST LODGING) BACKGROUND: On October 13, 2020, the City Council directed staff to proceed with updating the Ames Municipal Code related to the local regulation of Guest Lodging (short-term rentals). Under new state law, (House File 2641), local governments are no longer able to regulate short-term rentals as a distinct activity differently from other residential uses. As a result, licensing fees, special use permits, and separation distances are no longer allowed under the new law. Based on the State's action, the City has very limited options on what it can do in regards to regulating short-term rentals. An excerpt of House File 2641 including the portion discussing short-term rentals has been is included as 'Attachment A'. It was only a year ago that Guest Lodging regulations were adopted into the City code with changes to Chapter 29 Zoning Ordinance and the creation of Chapter 35 Guest Lodging Licensing. Since that time, 28 properties have been licensed. A summation of the categories is included as Attachment B. Most of the licensed properties are in the category of Vacation Lodging (not owner-occupied). Two units were licensed as Bed & Breakfast Establishments. The new law does allow local government to "regulate, prohibit, or limit if enforcement is performed in the same manner as enforcement applicable to similar properties that are not short-term rentals" for such things as the "protection of public health and safety related to fire and building safety, sanitation, or traffic control" and "residential use and zoning purposes related to noise, property maintenance, or nuisance issues". This means that short-term rentals are still subject to zoning as a residential use and importantly are included under the purview of Chapter 13, Rental Housing. The rules and process established in 2019 had exempted licensed Guest Lodging establishments from full Rental Code compliance. With the action of the state law nullifying the City's standards, all Guest Lodging units are now subject to full Rental Code compliance. The only exemption from Rental Code compliance is a single "roomer" exemption for an owner-occupied home. All other combinations of guests and stays where rent/fee is collected, whether an owner-occupied home or not, are subject to the Rental Code property registration and Letter of Compliance requirements. City Council was concerned about the implications to owner-occupied units (those wishing to offer a Home Share or Hosted Home Share) which previously were not required to be in full compliance with the Rental Code. The Council directed that these units be provided an optional process for an exemption from the Rental Code, if they voluntarily register as a Guest Lodging unit. There would be no charge for registration, however there would be an inspection fee charge. The intent is that if a homeowner chooses to operate a Guest Lodging 1 establishment under the constraints of Guest Lodging standards of Chapter 35. which is primarily a limitation on occupancy, parking, and fire safety standards. they would be exempt from the full Rental Code. If someone did not choose to voluntarily get a license under Chapter 35 they may proceed with a registering the property as a rental and obtaining a letter of compliance under Chapter 13 Rental Code standards. The new state law did not cover Bed & Breakfast Establishments. Iowa State Code recognizes these as a separate category from short-term rentals. Therefore, the proposed text removes Bed & Breakfast Establishments as a Guest Lodging use but maintains them as a short-erm lodging (hotel/motel) use. The revised text allows them to continue as a standalone use authorized through the Special Use Permit process. Summary of Zoning Ordinance Changes • Remove Special Use Permit Requirement for Vacation Lodging • Update the Bed & Breakfast Definition and Special Use Permit Process • Remove Guest Lodging Terminology and Definitions • Clarify Home Share and Hosted Home Share as Accessory Uses to Household Living Proposed text amendments to Chapter 29 (Zoning Ordinance) apply these changes and address Bed & Breakfast Establishments as a separate and distinct use from Guest Lodging. The criteria for approval of a Bed & Breakfast Establishment that are included under Section 29,1302. remain the same. Some criteria previously included in Chapter 35. Guest Lodging, are now included in Section 29.1302, given that Bed & Breakfast Establishments will no longer be included as a category of Guest Lodging. Those units who have already received a Special Use Permit for operating as a Bed & Breakfast Establishment will be able to continue to do so. There will no longer be an annual license required for this use. Vacation Lodging will continue to be included in the Zoning Tables under the Short-Term Lodging category, in the zoning districts where it is allowed. It will no longer be subject to Chapter 35, Guest Lodging. The only Guest Lodging categories that will remain are Home Shares and Hosted Home Shares. These uses will continue to be included in the Zoning Tables as an Accessory Use under the Household Living category, in the zoning districts where it is allowed. ALTERNATIVES: 1. The Planning and Zoning Commission can recommend that the City Council adopt the proposed text amendments to the Zoning Ordinance that address changes in state law related to short-term rentals (Guest Lodging). With this recommendation. staff would work with the City's Legal Department and Building Inspections Division to finalize the attached draft in connection with changes to Chapter 35. 2 The Planning and Zoning Commission can recommend that the City Council adopt alternative revisions to the zoning standards to address changes in state law related to short-term rentals (Guest Lodging). 3. The Planning and Zoning Commission can recommend the City Council take no action to amend the Ordinance, thereby not to adopt the proposed zoning text amendments to address changes in state law related to short-term rentals (Guest Lodging). RECOMMENDED ACTION: The proposed zoning text amendments address changes in state law related to short-term rentals (Guest Lodging). The revised text allows Bed & Breakfast Establishments to continue as a stand-alone use authorized through the Special Use Permit process. Those units who have already received a Special Use Permit for operating as a Bed & Breakfast Establishment will be able to continue to do so. There will no longer be an annual license required for this use. Therefore, it is the recommendation of the Department of Planning and Housing that the Planning and Zoning Commission approve Alternative #1. ATTACHMENT `A' Excerpts from House File 2641, pps. 73-75 DIVISION XXV SHORT-TERM RENTAL PROPERTIES Sec. 148. Section 414.1, subsection 1, Code 2020, is amended by adding the following new paragraph: 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 23913.5, 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. 4 ATTACHMENT `B' Approved Guest Lodging Types 2019 - Summation Tables (iue.d Lott fing I*V)C.N u.N (III -I(( , \Sol•)" l:s ,nn i I hi, .wwnw-i jN I u1rJ as a,•nmlhiriwm.,//he 1),1,1, 1hlh n u VA hni ihpe.�not rr/1,<;On-enlim code l Type Hosted Home Share Home Share Apartment Share fe • � xt, Owner Required to be Owner Not Required Tenant Not Required Present to be Present to be Present Primary Residence Primary Residence Primary Residence Description Partial or Entire Apartment Partial Dwelling Entire Dwelling Dwelling License Required, Required, Required, Annual Renewal Annual Renewal Annual Renewal Approval Administrative Approval Administrative Approval Administrative Approval as Process as an Accessory Use as an Accessory Use an Accessory Use Fire Safety Fire Safety Checklist& Fire Safety Checklist& Fire Safety Checklist Requirements Inspection Inspection (LOC exempts from additional inspection) Maximum #of 2 Guest Lodging Bedrooms Bedrooms N/A N/A Maximum #of 2 Adults 2 Adults per Bedroom; 1 More Adult than#of Bedrooms; Guests Not to Exceed 5 Adults Not to Exceed 5 Adults Number of Guest 1 Guest Contract 1 Guest Contract 1 Guest Contract Contracts Concurrent) Maximum # of No Maximum 90 Days per Annual No Maximum Days 1 Year Renewal Period Maximum Stay 31 Consecutive Days 31 Consecutive Days 31 Consecutive Days No Additional Parking 1 Space per Guest No Additional Parking Parking Bedroom, Maximum of 5 Required Spaces Required Required A. RL, RM, UCRM, RH, A, RL, RM, UCRM, RH, RL. RM, UCRM. RH, NC. Allowed in RLP, NC, CCR• DSC, RLP, NC, CCR, DSC, CCR• DSC, CSC, These Zoning CSC, S-SMD,DGC, CSC, S-SMD.DGC, S-SMD,DGC, O-SFC, Districts O-SFC, O-LMU. F-VR, O-SFC, O-LMU, F-VR, O-LMU. F-VR, FS-RL, FS-RL, FS-RM &F-PRD FS-RL, FS-RM & F-PRD FS-RM & F-PRD 5 611c.sI Lod ing lVpes as a h-incipul (!'Ve Ihi,,aaunorr i%pnmJed im o complu min of/he Anic Jillemiw(e%hid doe.%not nfla-I the entire eoJr.) Bed & Breakfast Vacation Lodging- Vacation Lodging - Type Establishment Single& Ttyo-family Apartment Dwellings �. 40 40; j Owner Required Owner Not Required Owner Not Required to be Present to be Present to be Present Description Primary Residence Investment Property Investment Property Partial Dwelling Entire Dwelling Entire Dwelling License Required. Required, Required, Annual Renewal Annual Renewal Annual Renewal Letter of Compliance Letter of Compliance Special Use Permit Required&Special Use Required& Special Use Approval Permit followed by Permit followed by Process followed by Administrative Approval Admin. Approval. Admin. Approval. May be 1000-foot separation exempt from the SUP distance applies process based on Zoning Fire Safety Fire Safety Checklist& Fire Safety Checklist Fire Safety Checklist Requirements Inspection (LOC exempts from (LOC exempts from additional inspection) additional inspection) Maximum #of 5 Guest Lodging NIA NIA Bedrooms Bedrooms Maximum #of 2 Adults per Bedroom 5 Adults(Rental Code 5 Adults(Rental Code Guests Occupancy Standards) Occupancy Standards) #of Concurrent 1 Guest Contract per 1 Guest Contract per 1 Guest Contract per Guest Contracts Dwelling Unit. Dwelling Unit. 1 or No & Lodging Units Approved Guest Lodging Bedroom 1 Guest Lodging Unit More than 10%of per Parcel per Parcel Dwelling Units per Parcel Maximum #of No Maximum No Maximum No Maximum Days 1 Year Maximum Stay 31 Consecutive Days 31 Consecutive Days 31 Consecutive Days 1 Space per Gt 1 Space per Guest Guest Parking 1 Reserved Space per Bedroom; Maximum 5 Bedroom: Maximum of 5 Guest Bedroom, Plus 1 Required (zones with less Space for Owner Parking Spaces Required Parking required per apartment unit are exempt) A, RL, RM, UCRM, RH, RM, UCRM, RH, NC, Allowed in These A, RL, RM, UCRM, RH, NC, S-SMD, O-SFC. CCR, DSC, CSC, Zoning Districts NC, S-SMD, O-SFC, F-VR FS-RL FS-RM, S-SMD, DGC, O-SFC, , , FS-RL. &FS-RM -RL, O-LMU, F-VR, FS-RM, & F-PRD 6 ATTACHMENT `C' Draft Zoning Text Amendments NOTE: Proposed Text is underlined. Existing text to be eliminated is shown as GtFike-thFt1 text. 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: *** (19.1) Bed& Breakfast Establishment means a private residence where the property owner resides and provides a number of bedrooms as a short-term lodging use for paying_guests. Breakfast may also be provided for those guests. (19.1) Bed & Breakfast Establ-shment means the Guest Lodging of a penien of a dwelling uni! tha! 65 the Wa,.:..,,i:,..,Rsed,ndff Ghapt ff 2: (92.1)Guest Lodging means the advenising,OffeFiRg,OF 0th0FW15L-making aN,ailable use efa dwelling unit for- OF WR460.Guest Inedging types iRelude,Atpanment ShaFes,Heme ShaFes,Wesied Heine Shams,Red&WeakfaSl and Vaeatien Lodging as lieeRsed undff Chapliff 35.Guest Ledging does Ret inalude aFty hotel OF Motel f86Flit,- (98.1)Home Share and Hosted Home Share,as defined in Chapter 35,are accessory uses to household living, which allow a property owner the ability to offer limited short-term Guest Lodging to paying guests in their home. *** (235.1) Vacation Lodging means the short-term rental of an entire dwelling unit,which is not required to be the owner's primary residence and which is commonly,but not exclusively,made available for occupancy through an online marketplace or website as a rental subject to Chapter 13. *** 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; Prineipal 14seg i.Are clearly incidental and customary to and commonly associated with the operation of the Principal Use; ii.Are 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 not include structures or structural features inconsistent with the Principal Use; 7 iv.May include the use of a portion of a dwelling unit that is the primary residence of the property owner as limited short-term Guest Lodging (Home Share or Hosted Home Share .May also iRelude the use ef apeAmem dwellings for Guest Inedging,eensistent wish she lic v. Do not include residential occupancy in conjunction with uses other than atheF 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 25%floor area limitation, eweveF,shall does not apply to off-street parking or Guest Lodging. *** Table 29.501(4)-1 RESIDENTIAL USE CATEGORIES *** Household Living *** Accessory Uses Home Share Hosted Home Share *** Short-Term Lodging Definition.Facilities offering lodging accommodations to the general public,where the length of stay is 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 Bed afW-&Breakfast Establishnient Hotels Motels Recreational Vehicle Park Vacation Lodging Accessory Uses Coffee shops and dining areas primarily for use by guests or residents of the facility. Sec.29.600. "A" AGRICULTURAL. *** Table 29.600(2) Agricultural(A)Zone Uses USE CATEGORIES STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES Household Living Accessory Uses Home Occupation Y HO ZBA/Staff 8 Home Share Y tl' ZEO Hosted Home Share Y 7_P ZEO Short-Term Lodging Bed&Breakfast Establishment Y.subject to Section 29.1302 SP ZBA Vacation Lodging Y'but le and 8. SRZP ZEOZ-BA s.. ..s 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 s.s Household Living Accessory Uses Clubhouse N - --- -- ._._..._._...__.. _— Home Occupation Y HO ZBA/Staff Home Share Y ZP ZEO Hosted Home Share Y ZP ZEO Short-Term Lodging . ....................... _ ..-- Bed&Breakfast Establishment Y.subject to Section 29.1302 SP ZBA Vacation Lodging Y' Single and tweeSRZP Z43AZEO 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 s.s Household Living Accessory Uses ....._..._ .-.............. - --- - Clubhouse N Home Occupation Y HO ZBA/Staff Home Share Y ZP ZEO Hosted Home Share Y ZP ZEO Short-Term Lodging 9 Bed&Breakfast Establishment Y,subject to Section 29.1302 SP ZBA Vacation Lodging Y WzP ZAWZEO 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 Home Occupation Y HO ZBA Staff I tome Share Y ZP ZEO Hosted Home Share 1' ZP ZEO Short-Term Lodging Bed& Breakfast Establishment )'. .ul1jCCt to Section 29.1 302 SP ZBA Vacation Lodging Y -WZP Z AZEO +++ 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 Uses Clubhouse 1' SDP Minor Staff I lome Occupation Y HO ZBA/Staff Home Share 1' ZP ZEO Hosted Home Share Y ZP ZEO Short-Term Lodging Bed&Breakfast Establishment Y,subiect to Section 29.1302 SP ZBA Vacation Lodging Y SP—ZP Z 4MZEO 10 *** 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 Household Living Accessory Uses Accessory Uses Specific to Y,see Table 29.501(4)-1 SDP Major City Council Manufactured Housing_ - - Home Occupation Y HO ZBA/Staff Home Share Y ZP ZEO Hosted Home Share Y ZP ZEO Short-Term Lodging N 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) HO=Home Occupation 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 *** Household Living Accessory Uses Home Occupation Y HO ZBA/Staff Home Share Y ZP ZEO Hosted Home Share Y ZP ZEO Short-Term Lodging 11 Bed&Breakfast Establishment Y.subiect to Section 29.1302 SP ZBA Vacation Lodging Y 8XZP Z4WZEO *** 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 Short-Term Lodgings Y,except Bed&Breakfast SDP Minor Staff Establishment,Vacation Rental *** *** Sec.29.804. "HOC" HIGHWAY-ORIENTED COMMERCIAL. *s* Table 29.804(2) Highway-Oriented Commercial(HOC)Zone Uses USE CATEGORY STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES *** Short-Term Lodgings Y,except Bed&Breakfast SUP Minor Staff Establishment,Vacation Rental 29.805. "PRC" PLANNED REGIONAL COMMERCIAL. Table 29.805(2) Planned Regional Commercial(PRC)Zone Uses 12 USE CATEGORY STATUS APPROVAL APPROVALREQUIRED AUTHORITY RESIDENTIAL USES Short-Term Lodgings Y,except Bed&Breakfast SDP Minor Staff Establishments,Vacation Rental Sec.29.806. "CCR"COMMUNITY COMMERCIAL/RESIDENTIAL NODE. Table 29.806(2) Community Commercial/Residential Node(CCR)Zone Uses USE CATEGORY STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES ### Household Living Accessory Uses Home Occupation Y HO ZBA/Staf1' Home Share Y ZP ZEO Hosted Home Share Y ZP ZEO Short-Term Lodging Y,except Bed&Breakfast SDP Minor Staff Establishments Vacation Lodging Y SNZP ZBMZEO ##* ##+ Sec.29.807. "CVCN" CONVENIENCE COMMERCIAL NODE. . Sec.29.808. "DSC" DOWNTOWN SERVICE CENTER. *#* Table 29.808(2) Downtown Service Center(DSC)Zone Uses USE CATEGORY STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES ++* Household Living Accessory Uses Home Occupation Y HO ZBA/Staff 13 Home Share 1' ZP ZEO Hosted Home Share Y ZP ZEO Short-Term Lodging Y,except Bed&Breakfast SDP Minor Staff Establishment Vacation Lodging Y SWZP OLEO Sec.29.809."CSC" CAMPUSTOWN SERVICE CENTER. ««« Table 29.809(2) Campustown Service Center(CSC)Zone Uses USE CATEGORY STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES ««« Household Living Accessory Uses Home Occupation 1' HO ZBA/Staft' Home Share 1' ZP ZEO Hosted Home Share Y ZP ZEO Short-Term Lodging Y,except Bed&Breakfast SDP Minor Staff Establishment Vacation Lodging Y &WZP Z44A/7EO ««« Sec.29.903. "RI" RESEARCH PARK INNOVATION DISTRICT. . ««« Table 29.903(2) RI Zone Uses USE CATEGORIES STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES ««« Short-Term Lodging Y,except Bed&Breakfast SDP Minor Staff Establishment,Vacation Rental 14 Sec.29.1003 "S-SMD" SOUTH LINCOLN SUB AREA MIXED-USE DISTRICT. Table 29.1003(2) South Lincoln Sub Area(S-SMD)Mixed-Use District USE CATEGORY STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES Household Living Accessory Uses Home Occupation Y HOI.BA/Staff Home Share Y ZP ZEO Hosted Home Share Y ZP ZEO Short-Term Lodging Bed&Breakfast Establishment Y,subiect to Section 29.1302 SP ZBA Vacation Rental Y SWZP 744AWEO *** +** Sec.29.1004. "DGC" DOWNTOWN GATEWAY COMMERCIAL. +** Table 29.1004(2) Downtown Gateway Commercial Uses USE CATEGORY STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES Household Living Accessory Uses Home Occupation 1' HO ZBA/Staff Home Share Y ZP ZEO Hosted Home Share Y ZP ZEO Short-Term Lodging(stand alone or Y,except Bed&Breakfast SDP Major Staff mixed use) Establishment Vacation Lodging 1' NWZP Z13 ZEO +++ I� Sec.29.1101 "O-SFC"SINGLE FAMILY CONSERVATION OVERLAY DISTRICT. *** (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( : See Section 29.13024-503) (iv)Vacation Lodging (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.29.1106. "O-SLF"SOUTH LINCOLN FRINGE OVERLAY DISTRICT. Sec.29.1109. "O-GNE" NORTHEAST GATEWAY OVERLAY DISTRICT. *** Sec.29.1113."O-LMU"LINCOLN WAY MIXED USE OVERLAY DISTRICT. *** (2)Permitted Uses.Subject to the requirements of Sec.29.1502 for Site Development Plan Review,and in accordance with the requirements of this Sec.29.1113 and the Zone Development Standards of the HOC base zone,Apartment Dwellings(and their Accessory Uses)and Vacation Lodging may be permitted in combination with HOC permitted uses classified as Office Uses;Retail Sales and Services Uses;Entertainment,Restaurant,and Recreation;and miscellaneous use of childcare.Stand-alone Apartment Dwellings are not a permitted use in the Overlay Zone. *** Sec.29.1201. "F-VR"VILLAGE RESIDENTIAL DISTRICT. Table 29.1201(5) Village Residential(F-VR)Floating Zone Uses USE CATEGORY NEIGHBORHOOD NEIGHBORHOOD NEIGHBORHOOD EDGE CENTER GENERAL *** OTHER USES Vacation Lodging,subjeet to the Sec.29.1202. "F-S"SUBURBAN RESIDENTIAL ZONE. *** Table 29.1202(4)-1 16 Suburban Residential Floating Zoning Residential Low Density (FS-RL)Uses USE CATEGORIES STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES sss Household Living Accessory Uses Clubhouse N Home Occupation Y Flo ZBA/Staff Home Share 1' ZP Zf:O ----_ ................_...__....... __ ............. --- - ..........._.. Hosted Home Share l' ZP ZEO Short-Term Lodging Bed&Breakfast Establishment Y,subiect to Section 29.1302 SP ZBA Vacation Lodging Y SRZP Z4�,4ZE0 s*r Table 29.1202(4)-2 Suburban Residential Floating Zoning Residential Medium Density(FS-RM)Uses USE CATEGORIES STATUS APPROVAL APPROVAL REQUIRED AUTHORITY RESIDENTIAL USES sss Household Living Accessory Uses Clubhouse Y SDP Major City Council Home Occupation Y HO ZBA/Staff I lome Share Y ZP ZI;O Hosted Home Share Y ZP ll:O Short-Term Lodging Bed&Breakfast Establishment Y,subject to Section 29.1302 SP ZBA Vacation Lodging Y WzP ZEO sss Sec.29.1203. "F-PRD" PLANNED RESIDENCE DISTRICT. sss Table 29.1203(4) Planned Residence District(F-PRD)Floating Zone Uses Permitted Principle Uses Permitted Accessory Uses 17 Accessory uses of the Household Living category provided for in Table 29.50](4)-1 Garages Open space uses Home occupations subject to standards of Section 29.1304 *** Home Day Care subject to the standards of Section 29.1304 Office and Trade use where the property owner can demonstrate through a written Market Study that the Office and Trade use can be supported by the residents of the Planned Residence District Project Rental services offices not to exceed 5,000 square feet Assisted Living,for the residents of the PRD Vacation Lodging fSeetien 20 1302;Bed&Breakfast Establishments sss See.29.138 (I) Non C-OHfeFM*Hg Uses. Afty ApaAment DwelliRg that is a Ron r.BRfOFH!dng U50 M.-Min it-IS FARiAg diStFi6t shall (2) Speeial Use Permit. (a) Bed & Wealifffit hstabiishmeiits and Vacation Ledging must obtain a Special Use PeFmit ffem the Ihl Peffllit. Rt T1.oSo g d iStFiGtS...hide. C PP.D C VI DNA R14 FS DAA NC CG DSC CSC,, 0 _IA-41W ;and- 1-460C. This exempiien dees not apply to apaiqmem dwellings leeated in AeniRg d iStFiet DAA 1 0 SFC (l W) (e( I.,1 I,II Ihl QFI'A'ORP Vaea6an Lodging unit may be established fOF a PFEIpeny with a twe family dwelling. (i) (4( Guest Rooms. (a) (hl IllRequirements. (a) ewfteF. Ihl stag (C) The parking spaees shall meet standards established b)'SfttiOA 29.406- A41hos;A-rdiRAR-A 10) LIAPA,and State Regulations.The&IeSt 68dgift e5tahliShffleAt MUSI 60F0Pl)-With Weal and state FOgUlatiORS howl,FegaFding all appli6able PeffillitS and lieenses ineluding,but not limited to fire.health, food seR,ire, 18 Sec.29.1302.BED&BREAKFAST ESTABLISHMENTS. (1) Special Use Permit. i�a) Bed& Breakfast Establishments must obtain a Special Use Permit from the Zoning.Board of Adjustment. The Special Use Permit is not transferable to a subsequent owner or to another property. ct The Special Use Permit shall be deemed expired and void after a one-year period of disuse of the property as a Bed&Breakfast Establishment. (2) Primary Residence. The dwelling unit must be the primary residence of the property owner. (3) Occupancy. L! Limited to a maximum occupancy of two adults per approved bedroom. (h) The Zoning Board of Adjustment %%ili determine the number of approved bedrooms(up to five),specific to the constraints of the property. ii Guest stays shall be limited to a period of thirty-one(31)consecutive days or less. (4) Off-Street Parking Requirements. i m One reserved space per guest room,plus one space for the 0%%ner. i h) The parking spaces shall meet standards established by Section 29.406 of this ordinance. (5) Registry of Guests. A guest registry is required to be maintained and kept for a period of one vear. It shall be made available for examination by the City upon request. (6) Fire Safety Requirements & Inspection. All applications must include verification of having passed a fire- safety inspection. Subsequent inspections may be conducted to verify correction of deficiencies, or as necessitated by complaints. (7) Food Service.Breakfast shall be the only meal served.Only guests residing in the structure or persons living in the premises may be served.Commercial kitchens are prohibited. (8) Local and State Regulations. (a) The Bed&Breakfast 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. i ) Required taxes must be paid pursuant to Ames Municipal Code Section 24.3.Documentation of tax payments may be required. *.s 19