HomeMy WebLinkAbout~Master - Short-Term Rentals Amending Chapter 29 (zoning) ORDINANCE NO.4427
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES,IOWA,BY AMENDING CHAPTER 29
THEREOF,FOR THE PURPOSE OF HARMONIZING
CHAPTER 29 WITH THE NEW STATE LAWS REGARDING
SHORT-TERM RENTALS; 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 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:
rt:
(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 Establishment means the Guest 6odging of a paFtion of a dwelling uni
that is the primary residence ofthe pFoperty owneF,where the pFoperty eymeF provides lod&gg and
may provide br-eakfast feF evemight guests. A Bed & Br-eakfast Establishment is a shell term
(9 1.1) Bed & kfast Establishment means the Guest 6odging of a ponion of a dwelling uni
that is the pr-ifnai=)'Fesidence of the PFOpeny oymer-,where the property oymeF pFevides lodging andd
lodging use and is a eategeFy of Guest Lodging lieensed under-GhapteF 35.
(92.1) Guest Lodging means the advef4ising, eMring, or- other-wise making available use of
dwelling Unit fOF eye-might lodging fer a pef!iod of thiFty one (3 1) eonseoutive days OF less in
exchange fOF 1110ney,goods.,labOF or-seFviee.Guest Lodging types inelude Apanment ShaFes,Nome
Shares, Hosted Nome Shares.-Bed& Weakfast Establishments, and Vaeation Lodging as licensed
under-ChapteF35 'es" -A-:--A- ny hotel oF motel faeili�,
(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 Rental to
paying guests in their home.
r:*
(235.1)Vacation Lodging means the short-tern 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.
sss
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;afe ineidental and eustemary to and eemmenly associated with the
epeffition of the Pr-ineipal Use;
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;
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 Rental(Home Share
or Hosted Home Share).May also inelude!he use of apaAment dwellings feF Guest Lodging,
eansistent with the licensing FequiFements of ChapteF 35, when apaFtment dwellings are
peFmiaed in the base zone;
v. Do not include residential occupancy in conjunction with uses other than etliff
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, ewever,shall
does not apply to off-street parking or Short-Term Rentals.Guest Lodging is exeMpt 40M
the 25,0/o 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 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 ate-& Breakfast Establishment
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
*ss
Short-Term Lodging
Bed&Breakfast Establishment Y subject to Section 29.1302 SP ZBA
Vacation Lodging Y'but enly within single and SPZP ZEOZ43A
family dwellings
Sec.29.701. "RL" RESIDENTIAL LOW DENSITY.
Table 29.701(2)
Residential Low Density(RL)Zone Uses
APPROVAL APPROVAL
USE CATEGORIES STATUS REQUIRED AUTHORITY
RESIDENTIAL USES
Short-Term Lodging
_..........---------- ...-........... ._....---- .........._ - --- .. ..............
.. ---._
Bed&Breakfast Establishment Y subject to Section 29.1302 SP ZBA
_....------ -___--............----._......_._. _. _....... -._........-......-.............__......_ --.........-......................-----
Vacation Lodging Y'but only within single and twe &PZP ZRAZEO
Sec.29.702. "RM" RESIDENTIAL MEDIUM DENSITY.
Table 29.702(2)
Residential Medium Density(RM)Zone Uses
APPROVAL APPROVAL
USE CATEGORIES STATUS REQUIRED AUTHORITY
RESIDENTIAL USES
*s*
Short-Term Lodging
_ _..._...._._._._..............__------._..._____......_........._....._.......-...
Bed& Breakfast Establishment Y subject to Section 29.1302 SP ZBA
_ -----------..........................................._ --- _._...... .__..._.. _...............I........_._......._... .-...................._.-_----._. .
Vacation Lodging Y SWZP ZB 41ZEO
Sec.29.703. "UCRM" URBAN CORE RESIDENTIAL MEDIUM DENSITY ZONE.
Table 29.703(2)
Urban Core Residential Medium Density(UCRM)Zone Uses
APPROVAL APPROVAL
USE CATEGORIES STATUS REQUIRED AUTHORITY
RESIDENTIAL USES
Short-Term Lodging
Bed&Breakfast Establishment Y sub ect to Section 29.1302 SP ZBA
----.u_.__........._.. __...__.. - - - - ------ ......
Vacation Lodging Y 18pzP ZB4ZEO
Sec.29.704. "RH" RESIDENTIAL HIGH DENSITY.
Table 29.704(2)
Residential High Density(RH)Zone Uses
APPROVAL APPROVAL
USE CATEGORIES STATUS REQUIRED AUTHORITY
RESIDENTIAL USES
Short-Term Lodging
Bed& Breakfast Establishment Y subject to Sectio
n 29.1302 SP ZBA
Vacation Lodging Y SPZP ZBA ZEO
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
Short-Term Lodging
Bed& Breakfast Establishment Y subject to Section 29.1302 SP ZBA
Vacation Lodging Y SP1ZP ZBAFZEO
Sec.29.806. "CCR" COMMUNITY COMMERCIAL/RESIDENTIAL NODE.
Table 29.806(2)
Community Commercial/Residential Node(CCR)Zone Uses
Sec. 29.807. "CVCN" CONVENIENCE COMMERCIAL NODE.,Convenienee Commeremal Node.
Sec.29.808. "DSC" DOWNTOWN SERVICE CENTER.
*r*
Table 29.808(2)
Downtown Service Center(DSC)Zone Uses
USE CATEGORY STATUS APPROVAL APPROVAL
REQUIRED AUTHORITY
RESIDENTIAL USES
Short-Term Lodging Y,except Bed&Breakfast SDP Minor Staff
----.................. ...
Establishment
Vacation Lodging Y 844ZP ZBA/ZEO
Sec. 29.809. "CSC"CAMPUSTOWN SERVICE CENTER.
Table 29.809(2)
Cam pustown Service Center(CSC)Zone Uses
USE CATEGORY STATUS APPROVAL APPROVAL
REQUIRED AUTHORITY
RESIDENTIAL USES
+++
Short-Term Lodging Y,except Bed& Breakfast SDP Minor Staff
Establishment
Vacation Lodging Y SWZP ZBAIZEO
+++
+++
Sec.29.903. "RI" RESEARCH PARK INNOVATION DISTRICT.
Distriet.
+++
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
+++
Short-Term
Bed& Breakfast Establishment _W Y,subject to Section 29.1302 SP ZBA
---------------------___-- _.___-- -__— ____
Vacation Lodging Y SWZP ZBA ZEO
+++
+++
Sec. 29.1004. "DGC" DOWNTOWN GATEWAY COMMERCIAL_
Table 29.1004(2)
Downtown Gateway Commercial Uses
USE CATEGORY STATUS APPROVAL APPROVAL
REQUIRED AUTHORITY
RESIDENTIAL USES
■sr
Short-Term Lodging(stand alone or Y,except Bed&Breakfast SDP Major Staff
mixed use Establishment
Vacation Lodging Y SXZP ZB ZEO
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 29.13024503)
(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.
.*s
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.
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-'su the y y y
Sec.29.1202. "F-S" SUBURBAN RESIDENTIAL ZONE.
Table 29.1202(4)-1
Suburban Residential Floating Zoning
Residential Low Density(FS-RL)Uses
APPROVAL APPROVAL
USE CATEGORIES STATUS REQUIRED AUTHORITY
RESIDENTIAL USES
Short-Term Lodging
Bed& Breakfast Establishment Y.1 ubject to Section 29.1302 SP Z.BA
— ........._.__ _ ._........... ............ ----
Vacation Lodging Y SRZP ZBAZEO
Table 29.1202(4)-2
Suburban Residential Floating Zoning
Residential Medium Density(FS-RM)Uses
APPROVAL APPROVAL
USE CATEGORIES STATUS REQUIRED AUTHORITY
RESIDENTIAL USES
Short-Term Lodging
......._....---------- __._......_._....------- ......................_ ._ _.._ _ __............................ .—
Bed&Breakfast Establishment Y subject to Section 29.1302 SP ZBA
......._.._.__.__ ___.._.._.........__.__ _.. ___......_..._._
Vacation Lodging Y WZP ZB ZEO
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
29.501(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 subjee!to the standards
of Section 29. Bed&Breakfast
Establishments
Sew 3 .
(1) Non C-8fff0F1n0ftg Uses. Any Apafunent Dwelling that is a non confeiMiRg use within it
(2) Speer
(a) Bed& Breakfast Establishments and Vacation Lodging must obtain a Special Use PeFfflit
from the Zoning Board of Adjustment pr-iOF to reeeiving a Guest Lodging license.
(b)
,
FS RM, NG, GGR, DSC, CSC, 0 LMU and DGQ This exemption does not apply to
(c) PFopef4ies Fequir-ing a LeaeF of Compliance(LOG) ust have Fegistered fei:their LOG and
•
(d)
(e) The Speeial Use PeFmit shall be deemed expir-ed and void afteF a on",ear-peiied of disuse
of the dwelling unit fbr- guest ledgi UPOR HORFeReWal of a guest lodgin
lieense.
(3) Additional Vaeation Lodging Restriefiens-.
(a) Vaeation Lodging is not permit4ed as a seeend pFincipal use on a site with a single family
dwelling.
(b) Only one Vacation Lodging unit may be established fer a pmpeny with a two family
(c) No Vaeatien Lodging use may be established on the gFound floor-ofa ceffifflemial building
(4) Guest Rooms.
(a) Bed & Breakfast Establishments may have RO M0Fe than five approved guest bedFooms-.
dwelling un it.
(b) Vacation Lodging must be oonsistent with the ocoupaney limitations of the Ames
Munieipal Code Seetion !3.503.No Vacation Lodging shall exceed a total of five adults
peF dwelling n-R
(5) Off Street Parking Requirements.
(a) Bed& BFeakfast Establishments must have ORe Feser-ved space per guest reef", plus
spaee for- r the owner,
Vaeation Lodging must PFOVide one par-king Spare peF guest a maximum ef
five spares Fequir-ed;an apaFtment dwelling in a zoning distriet with less parking r-equiF
is not subjeet to this standaFd.
(c) .
(6) Loeal and State Regulations.The Guest Lodging establishment must eemply with leeai and state
health,regulations r-eg, - _ 1. ..I. ;able pemits and lieenses including,but not limited te fwe,
Sec.29.1302. BED& BREAKFAST ESTABLISHMENTS.
(1) Special Use Permit.
(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.
Lc) 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 primga residence of the property owner.
(3) Occupancy.
(a Limited to a maximum occupancy of two adults per approved bedroom.
(b) The Zoning Board of Adjustment will determine the number of approved bedrooms(up to five),
specific to the constraints of the property.
(c) Guest stays shall be limited to a period of thirty-one(31)consecutive days or less.
(4) Off-Street Parking Requirements.
U One reserved space per room plus one space for the owner.
(b) 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 year.
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 safes 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 m4y be served Commercial kitchens are prohibited.
(8) Local and State Regulations.
(aa) 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,
liguor,revenue building/zoning permits and licenses.
()) Required taxes must be paid pursuant to Ames Municipal Code Section 24.3.Documentation of
tax payments may be required.
Section Two.Violation of the provisions of this ordinance shall constitute a municipal infraction
punishable as set out by law.
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.
Passed this 22"d day of December,2020.
Diane R. Voss,City Clerk John A.Haila, Mayor