HomeMy WebLinkAboutA002 - Council Action Form dated December 8, 2020 ITEM: 35
DATE: 12-08-20
COUNCIL ACTION FORM
SUBJECT: TEXT AMENDMENTS TO AMES MUNICIPAL CODE CHAPTER 13
(RENTAL HOUSING CODE), CHAPTER 29 (ZONING ORDINANCE) &
CHAPTER 35 (GUEST LODGING CODE) TO ADDRESS CHANGES IN
STATE LAW RELATED TO SHORT-TERM RENTALS AND REPEALING
FEE FOR LICENSURE
BACKGROUND:
Under House File 2641 , a state law adopted in the last legislative session. local
governments are no longer able to regulate short-term rentals (locally called "guest
lodging") as a distinct activity differently from other residential uses within dwellings. 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 regarding
what it can do to regulate short-term rentals.
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 by the City in 2019 had exempted certain licensed Guest Lodging
(short-term rental) establishments from full Rental Code compliance. On October 13,
2020, the City Council directed staff to proceed with updating the Ames Municipal
Code related to the local regulation of short-term rentals to comply with state law
and create a voluntary licensing process for Home Share and Hosted Home Shares.
HOSTED HOME SHARE AND HOME SHARE SHORT TERM RENTALS:
City Council was concerned at its October 13" meeting about the implications of the
Rental Code applying 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 short-term
rental unit. There would be no charge for registration; however, there would be an
inspection fee. The intent is that if a homeowner chooses to operate a short-term
rental under the constraints of short-term rental standards of Chapter 35, which is
primarily a limitation on occupancy, parking, fire safety standards, and days of
operation; they would be exempt from the full Rental Code.
1
If someone chose not to voluntarily obtain a license under Chapter 35, they may
proceed with registering the property as a rental property and obtaining a letter of
compliance under Chapter 13 Rental Code standards. Should the registration be
revoked for non-compliance with the terms of registration, the unit would no longer receive
exemption from full compliance with the Rental Housing Code.
Only the short-term rental owner-occupied categories of Home Share and Hosted
Home Share will be included in Chapter 35. 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 allowed.
VACATION LODGING:
Vacation Lodging will continue to be required to fully comply with Chapter 13,
Rental Housing Code, but nothing additional will be required. Vacation Lodging will
also continue to be included in the Zoning Tables under the short-term lodging category,
in the zoning districts where it is allowed within the Zoning Ordinance. but will no longer
be addressed in Chapter 35.
BED & BREAKFAST ESTABLISHMENTS:
The new state law did not address Bed & Breakfast Establishments. Iowa Code
recognizes these as a separate and distinct use from short-term rentals. Therefore. the
proposed text removes Bed & Breakfast Establishments as a short-term rental use but
maintains them as a short-term lodging (hotel/motel) use. The revised text allows them
to continue as a standalone use authorized through the Special Use Permit
process. The criteria for approval of a Bed & Breakfast Establishment, included under
Section 29.1302, remains the same except for the addition of some criteria previously
included in Chapter 35.
SUMMARY OF CHANGES:
On November 18, 2020, the Planning and Zoning Commission reviewed the zoning text
amendments to Chapter 29. Zoning Ordinance and voted unanimously in support of the
changes to address changes in State law related to short-term rentals. These changes
are summarized as follows:
Chapter 13. Rental Housing Code Changes
• Exemptions are revised to reflect updated Short-Term Rentals
Chapter 35, Short-Term Rental (previously Guest Lodging) Code Changes
• Licensing Requirement is Removed
• Categories of Vacation Lodging and Bed & Breakfast Establishments are
Removed
• References to "Guest Lodging" are replaced with "Short-Term Rental"
2
• Voluntary Registration Process is Added for Hosted Home Shares and Home
Shares
• Require an inspection prior to licensing with a fee, but no annual fee for a license.
Inspection required every other year.
• Violations & Penalties are Removed, if the license is revoked, they are subject to
Chapter 13 for enforcement.
Chapter 29, Zoning Ordinance Changes
• Remove Special Use Permit Requirement for Vacation Lodging
• Update the Bed & Breakfast Definition and Special Standards of Article XIII
• Remove Guest Lodging Terminology and Definitions
• Clarify Home Share and Hosted Home Share as Accessory Uses to Household
Living
ALTERNATIVES:
1. A. Approve on first reading each of the attached ordinances:
i. Ordinance amending the text of the Short-Term Rental Code (Chapter 35)
ii. Ordinance amending the text of the Zoning Ordinance (Chapter 29)
iii. Ordinance amending text of the Rental Housing Code (Chapter 13)
B. Adopt a resolution repealing the fee for Guest Lodging licensure.
2. Continue the public hearing to a date certain and direct modifications to the draft
ordinances prior to first reading.
3. Adopt on first reading a modified version of any of the three attached ordinances
and repeal the fee for Guest Lodging licensure upon third reading of the
ordinances.
4. Take no action regarding the text amendments, thereby not memorializing
changes in state law related to short-term rentals within the Ames Municipal Code.
CITY MANAGER'S RECOMMENDED ACTION:
As previously directed by Council, the proposed text amendments are in response to
changes in state law related to short-term rentals (Guest Lodging). Portions of Chapter
35 previously addressing Vacation Lodging and Bed & Breakfast Establishments are
eliminated. Bed & Breakfast Establishments will continue as a stand-alone use authorized
through the Special Use Permit process of the Zoning Ordinance. Those units that have
already received a Special Use Permit for operating as a Bed & Breakfast Establishment
will be able to continue to do so.
3
The term "Guest Lodging" is being replaced with the term "Short-Term Rental." There will
no longer be an annual license required for this use.
The revised text allows an optional process for an exemption from the Rental Code with
voluntarily registration as a short-term rental unit under Chapter 35 for owner-occupied
units, such as Hosted Home Shares and Home Share. If the proposed changes that
include the voluntary licensing process are not approved, all short-term rentals would be
subject to complete compliance with Chapter 13 Rental Code.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative#1 A and B above, thereby approving first reading of the three ordinances and
repealing the fee for Guest Lodging licensure.
4
ORDINANCE NO.
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:
"See.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.
!edging .
*s*
may
ide I)Feakfast fer evernight guests A Bed& Break-fast Esteblisliffient is a sheFt-terms
undeF Chapter 35.Guest(92.1) Guest Lodging means the advertising, effffiflg, eF etheFyAse making a%,aiiable use ef a-
(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
paving 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 subiect 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_
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 Guest Ledging efa4k-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).
pemiaed in the base zene;
v. Do not include residential occupancy in conjunction with uses other than edw
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 all
does not apply to off-street parking or Short-Term Rentals.Guest Ledging is exempt 4em
the 2594 fleeF area
....................:........ .... .. ............ . ............ ...
Table 29.501(4)-1
RESIDENTIAL USE CATEGORIES
Household Living
Accessory Uses
*ss
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.
**s
Table 29.600(2)
Agricultural (A)Zone Uses
USE CATEGORIES STATUS APPROVAL APPROVAL
REQUIRED AUTHORITY
RESIDENTIAL USES
Short-Term Lodging
Bed&Breakfast Establishment Y,subject to Section 29.1302 SP ZBA
Vacation Lodging Y'but enlywithin singleSPZP ZEOZ-BA
family dwellings
*r*
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
Short-Term Lodging
Bed&Breakfast Establishment Y, subject to Section 29.1302 SP ZBA
Vacation Lodging Y,but enly within single &PZP ZBAZEO
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
Short-Term Lodging _
Bed&Breakfast Establishment Y,subiect to Section 29.1302 SP ZBA
___ _----•-_-_.__ _-.__ - --_-____ ___......_..__—. _ ........................... ..---
Vacation Lodging Y SXZP Z9#ZE0
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
Short-Term Lodging
Bed&Breakfast Establishment Y,subiect to Section 29.1302 SP ZBA
Vacation Lodging Y SPZP —� ZB, EO
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
Short-Term Lodging
Bed&Breakfast Establishment Y.subject to Section 29.1302 SP ZBA
Vacation Lodging Y SP;ZP ZB�ZEO
*r*
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 844ZP Z&sa ZEO
Sec.29.806. "CCR" COMMUNITY COMMERCIAL/RESIDENTIAL NODE.
Table 29.806(2)
Community CommerciaVResidential Node(CCR)Zone Uses
Sec.29.807. "CVCN" CONVENIENCE COMMERCIAL NODE.Convent.Flee.-,m ffi _e-al N c o n r c n w o c c-cmcm�craaa
*+k+k
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
Short-Term Lodging Y, except Bed&Breakfast SDP Minor Staff
Establishment
Vacation Lodging Y 844ZP Z13, ZEO
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
Short-Term Lodging Y, except Bed&Breakfast
g g Establishment SDP Minor Staff
Vacation Lodging Y &WZP Z&6b ZEO
Sec.29.903. "RI" RESEARCH PARK INNOVATION DISTRICT. o....enreh Park r...
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 Lodging
_ _ .__.__._..---.-
Bed&Breakfast Establishment Y,subject to Section 29.1302 SP ZBA
Vacation Lodging Y SPFZP ZB,4bZEO
Sec. 29.1004. "DGC"DOWNTOWN GATEWAY COMMERCIAL.
***
Table 29.1004(2)
Downtown Gateway Commercial Uses
USE CATEGORY STATUS APPROVAL APPROVAL
REQUIRED AUTHORITY
RESIDENTIAL USES
***
Short-Term Lodging(stand alone or Y,except Bed&Breakfast SDP Major Staff
mixed use) Establishment
Vacation Lodging Y SXZP Z& 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 29.13024-503)
(iv)Vacation Lodging(,S�peeial Use De'~^:• -sa; See Seetien 1 cn-3)
(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.
***
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-� Y Y Y
standards of Seetion-19-1-3W
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
Short-Term Lodging
Bed & Breakfast Establishment Y,subject to Section 29.1302 SP ZBA
Vacation Lodging Y SPZP Z43-AZEO
Table 29.1202(4)-2
Suburban Residential Floating Zoning
Residential Medium Density(FS-RM)Uses
USE CATEGORIES STATUS APPROVAL APPROVAL
REQUIRED AUTHORITY
RESIDENTIAL USES
Short-Term Lodging
- .................... ------
Bed& Breakfast Establishment Y, subject to Section 29.1302 SP ZBA
Vacation Lodging Y SWZP ZB,k'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 subjeet to the-tand"rd'.;
e f See♦ion 29.1 Bed&Breakfast
Establishments
***
See 291302
.GUEST LODGING REQUIREMENTS.
distfiet shall net be approved as Vaeation Lodging.
(1) Non Confer-ming Uses. .",ApaFtment Dwelling that is a Hen eeflfeFfning use within its z
(2) Speeia1 Use. n-
(a)
a •
(b) Ememptions. Apanment dwellings ieeated in eeFtain zening
Speeial Use Ue.....:♦-e`i ent Thee z a�a distfiets I a . C PRD C l/D DAA Pd
(;SC;, Q LN49 and DGG. This exemption dees net apply to
r >
(c) Ppeper-fies fequir-ing a Letter ef C-emplianee(1.0G)must have registered feF their-LOG and
(d)
(e)
ef the dwelling unit fer guest a
l ieense.
(3) Additional Vaeation Lodging Restrietions.
(a) Vaeatien Imedging,is not permitted as a seeend prineipai use en a site with a single family
dwelling
(b) Only ene Vaeatien a.
dwelling.
(c)
Lodging a
ef ni*xed use building.
(4) Guest Rooms.
(a) Bed & Breakfast Establishments may have ne rneFe than five appFeved guest bedreems.
The Zoning Be f:d of Adjustment will determine the numbeF of bedFeems speeifie to the
dwelling orcnrrta-tinTr.
(b) VaeeAien bedging must be eensistent with the eeeupane), limitations ef the Ames
„eF dwelling i
(5) Off Street PnPlang Requirements.
(a) Bed & Breakfast Estabiishments must haye ene reser-ved spaee per guest Feem, Pius one
spaee fer
(b)
five spaees requiFed;an apailment dweliing in a zefting distric4 with less paF!dng require
ra no sra
(6) beeal and State Regulations.The Guest Ledging establishment must reemply with leeal and state
,
.
Sec.29.1302.BED&BREAKFAST ESTABLISHMENTS.
(1) Special Use Permit.
La) Bed & Breakfast Establishments must obtain a Special Use Permit from the Zoning Board of
Adiustment.
The Special Use Permit is not transferable to a subsequent owner or to another property.
(c) 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.
(a) Limited to a maximum occupancy of two adults per approved bedroom.
The Zoning Board of Adjustment will determine the number of approved bedrooms(up to five)
specific to the constraints of the property.
(cl Guest stays shall be limited to a period ofthirtv-one(31)consecutive days or less
(4) Off-Street Parking Requirements.
(a) 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
(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-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.
Lbj Required taxes must be paid pursuant to Ames M:tnicipal Code Section 243 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 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 AMENDING SECTION
13.100(5)(b)THEREOF,FOR THE PURPOSE OF
HARMONIZING CHAPTER 13 WITH CHAPTER35,SHORT-
TERM RENTAL 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 amending Section 13.100(5)(b)as follows:
"Sec. 13.100 GENERAL
(5) Exceptions.
The following residential structures are exempt from these rules:
(b)a dwelling unit wholly or partially used
(i)as a Bed&Breakfast Establishment that has been granted a Special Use Permit
under Chapter 29,or
(ii)as a Home Share or Hosted Home Share registered 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.
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 REPEALING AND
REPLACING CHAPTER 35 THEREOF,FOR THE PURPOSE
OF HARMONIZING CHAPTER 35 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 repealing and replacing Chapter 35 as follows:
"Sec.35.100. TITLE,PURPOSE AND SCOPE.
These regulations shall be known as the Short-Term Rental Code of the City of Ames,
hereinafter referred to as "this code."
This code provides regulations for the voluntary registration and operation of Short-Term
Rentals in order to provide a voluntary alternative from full compliance with Chapter 13, Rental
Housing Code for owner-occupied dwelling units wishing to offer Short-Term Rental, while
ensuring the safety and welfare of guests, owners and neighboring property owners.
See.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 who registers their Short-Term Rental unit with the City.
Bedroom, Approved 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 Ames Municipal Code Chapter 13, Rental
Housing Code.
Enforcement Officer means the 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 Short-Term Rental.
Short-Term Rental Registration is the administrative process whereby an applicant
memorializes their intent to voluntarily comply with Chapter 35. Voluntary compliance with the
requirements of Chapter 35, Short-Term Rental, allows a dwelling unit that is used for Home Share or
Hosted Home Share an exemption from having to fully comply with Chapter 13, Rental Housing
Code and obtain a Letter of Compliance under Chapter 13.
Home Share means the limited Short-Term Rental of the entire dwelling unit that is the primary
residence of the property owner, while the property owner is not present.
Hosted Home Share means the limited Short-Term Rental 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 Short-Term Rental.
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, firm or corporation having a legal or equitable interest in the
property; or recorded in the official records of the state, county or municipality as holding title
to the property; or otherwise having control of the property, including the guardian of the estate
of any such person, and the executor or administrator of the estate of such person if ordered to
take possession of real property by a court.
Primary Residence means a dwelling unit that is the only place where a person has a true,
fixed, and permanent home, and to where, whenever the person is briefly and temporarily absent,
the person intends to return. A person may have only one primary residence.
Short-Term Rental means the advertising, offering, or otherwise making available use of a
dwelling unit for overnight lodging for a period of thirty (30) consecutive days or less in
exchange for money, goods, labor or service. Short-Term Rental does not include any hotel or
motel facility or Bed & Breakfast Establishment.
Sec.35300. OPERATION OF USE.
No person or entity may advertise, offer, let, operate, or otherwise make available a Short-Term
Rental without either full compliance with Chapter 13, Rental Housing Code OR registration as
a Short-Term Rental unit under this code.
35.400 SHORT-TERM RENTAL STANDARDS
(1) Registrant is the Property Owner. Registration for use of a property for Home Share or
Hosted Home Share must be submitted by the property owner.
(2) Primary Residence. The dwelling unit must be the primary residence of the property
owner.
(3) Zoning. The dwelling unit is located in a zoning district permitting the unit's use as
either a Hosted Home Share or Home Share, as identified in the zoning use tables
found in Chapter 29, Zoning Ordinance.
(4) Occupancy.
(a) 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 registered premises available for use for the Short-
Term Rental.
(b) Home Shares are limited to a maximum of two adults per approved bedroom, not to
exceed a total of five adults per dwelling unit.
(5) Off-Street Parking. Parking is provided according to the requirements of the Zoning
Ordinance Section 29.406 and the following:
(a) Hosted Home Shares -No additional parking required.
(b) Home Shares - 1 space per bedroom (maximum required - 5 spaces).
(6) Tax Compliance. At time of each registration renewal, documentation must be provided
indicating that required taxes for the previous year have been paid pursuant to Ames
Municipal Code Section 24.3.
(7) Fire Safety Requirements. All units registered as Short-Term Rentals under this code
must be in compliance with the fire safety regulations included in Ames Municipal
Code Chapter 13, Division VIII.
Prior to the registration of a unit as a Short-Term Rental, a Special Request Inspection
must be conducted on the unit and documentation obtained from the inspector verifying
compliance. Special Request Inspections shall be required every other year for
continued renewal of registration. Special Request Inspections, when required, may be
conducted up to 90 days prior to the initial registration or the renewal registration of a
unit as a Short-Term Rental. The Special Request Inspection fee shall be set by
resolution and may be found in Appendix L of the Ames Municipal Code.
(8) Additional Operational Requirements.In addition to registration, the following also apply:
(a) Concurrent Guest Contracts Not Allowed Within a Dwelling Unit. Accommodations
must be offered as one guest contract only.
(b) Maximum Number of Days per Annual Renewal Period (for Home Shares only).
Home Shares are limited to a total of 90 days of use as a Home Share per annual
registration period, with each guest contract including a period of 30 days or less.
(c) Registry of Guests. Each owner or host must keep a registry of guests
accommodated during the year. The guest registry must be available for inspection
by the City upon request.
(d) Responsiveness to Complaints. The owner must respond to complaints in a
reasonably timely manner and shall maintain a record of the actions taken in
response. This record must be available for inspection by the City upon request.
See.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) Registration.
(a) Registration Form. Short-Term Rental Registration must be on forms provided by
the City.
(b) No Fee.Registration as a Short-Term Rental unit is voluntary and requires no fee.
(c) Registration Review. Complete and accurate information must be provided to the
City.
(i) Staff review. The registration will be reviewed by staff within five working
days for completeness.
(ii) Incomplete Registration. Registration 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
registration will be deemed withdrawn for lack of responsiveness.
(iii)Approval. Registration in compliance with this code will be approved.
(iv) Conditional Approval. A conditional approval may be granted to allow an
applicant to operate while coming into full compliance with the registration
requirements. A conditional approval is time limited for no more than three
months and is not renewable.
(v) Denial including Non-Renewal. Any violation of the provisions of this code may
be considered during the registration 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 registration. If denied, the property is
no longer exempt from full compliance with Chapter 13, Rental Housing Code.
(3) Inspection. All premises registered as Short-Term Rental units must be subject to
inspection by the City for the purpose of investigating and determining compliance
with the requirements of this code.
(4) Term
(a) All registrations shall terminate after one year. Registration renewals must be
submitted by the property owner annually, prior to expiration of the current
registration.
(b) If a Short-Term Rental registration expires, the dwelling unit may not be used or
occupied as Short-Term Rental until such time as a subsequent registration has
been approved or a Letter of Compliance under Chapter 13, Rental Housing Code
has been obtained.
(5) Transferability.The registration will be issued in the name of the property owner and is
not transferable to a subsequent owner or to another property.
(6) Revocation.
(a) The Enforcement Officer may immediately revoke or temporarily suspend a Short-
Term Rental registration based upon any of the following, if it is found that:
(i) The registrant, designated operator, or guest has violated any of the provisions
of this code or conditions of the registration;
(ii) The applicant has made a false statement of material fact on the registration;
(iii)The registrant, designated operator, or guest has violated any federal, state, or
city law or regulation pertaining to the use of the property as a Short-Term
Rental; or
(iv) The Chief of Police or Fire Chief and/or their designees have determined that
the Short-Term Rental would pose a serious threat to public health, safety, or
welfare.
(b) The Enforcement Officer shall send or deliver written notice to the property owner
stating the basis for the decision of revocation or suspension, the effective date of
the revocation or suspension, the right to appeal the decision, and the procedure for
filing an appeal. Any notice of suspension must include information about possible
corrective action and time for compliance, as applicable.
(c) Upon revocation of the registration, the dwelling unit or parcel described in the
registration is ineligible to receive another registration pursuant to this code for
one year from the date of revocation.
(d) If the Registration is revoked, the use of the dwelling unit as a Short-Term Rental
is no longer exempted from full compliance with Chapter 13, Rental Housing
Code. The use must cease until a Letter of Compliance under Chapter 13 is
obtained.
Sec.35.600. APPEALS.
Any party aggrieved by the Enforcement Officer's decision to deny, suspend, revoke, or issue a
registration may appeal the determination to the Zoning Board of Adjustment within thirty (30)
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 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 day of
Diane R. Voss,City Clerk John A. Haila,Mayor