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HomeMy WebLinkAboutA004 - Proof of Publication dated December 30, 2020 A Proof Of Publication in THE AMES TRIBUNE CITY OF AMES 515 CLARK AVENUE AMES,IA 500100811 STATE OF IOWA,STORY COUNTY I, She L La Lif,0- on oath depose and say that I am the Leo l Clerk of THE AMES TRIBUNE,a daily newspaper,published at;Ames,Story County, Iowa that the annexed printed: CITY OF AMES Ordno 4429 was published in said newspaper 1 time(s)on December 30,2020 the last day of said publication being the 30th day of December,2020 1>1 Legal Clerk Notary Pu ic,State of isconsin,C my of Brown jjq- 4 My commission expires swom to before me and subscribed in my presence by this the 30th day of December,2020 VICKY FELTY FEE: $161.76 Notary Public AD#: 0001384666 ACCT: 33408 State of Wisconsin Page 1 of 1 »1384666 by an applicant memorializes (1)Registrant is the Property only. ORDINANCE NO.4429 their intent to voluntarily comply Owner. Registration for use of a (b)Maximum Number of Days AN ORDINANCE TO AMEND THE with Chapter 35. Voluntary com- property for Home Share or Host- per Annual Renewal Period (for MUNICIPAL CODE OF THE CITY OF pliance with the requirements of ed Home Share must be submitted Home Shares only).Home Shares AMES, IOWA, BY REPEALING AND Chapter 35,Short-Term Rental,al- by the property owner. are limited to a total of 90 days of REPLACING CHAPTER 35 THEREOF, lows a dwelling unit that is used (2)Primary Residence. The use as a Home Share per annual FOR THE PURPOSE OF HARMONIZ- for Home Share or Hosted Home dwelling unit must be the primary registration period, with each ING CHAPTER 35 WITH THE NEW Share an exemption from having residence of the property owner. guest contract including a period STATE LAWS REGARDING SHORT- to fully comply with Chapter 13, (3)Zoning.The dwelling unit is of 30 days or less. TERM RENTALS; REPEALING ANY Rental Housing Code and obtain a located in a zoning district permit- (c)Registry of Guests. Each AND ALL ORDINANCES OR PARTS Letter of Compliance under Chap- ting the unit's use as either a owner or host must keep a regis- OF ORDINANCES IN CONFLICT TO ter 13. Hosted Home Share or Home try of guests accommodated dur- THE EXTENT OF SUCH CONFLICT; Home Share means the limited Share,as identified in the zoning ing the year. The guest registry PROVIDING A PENALTY; AND ES- Short-Term Rental of the entire use tables found in Chapter 29, must be available for inspection TABLISHING AN EFFECTIVE DATE. dwelling unit that is the primary Zoning Ordinance. by the City upon request. residence of the property owner, (4)Occupancy. (d)Responsiveness to Com- BEITENACTED,by the City Coun- while the property owner is not (a) Hosted Home Shares are plaints.The owner must respond cil for the City of Ames,Iowa,that: present. limited to a maximum of two ap- to complaints in a reasonably Section One. The Municipal Hosted Home Share means the proved bedrooms and two adults timely manner and shall maintain Code of the City of Ames. Iowa limited Short-Term Rental of a as guests per dwelling unit. The a record of the actions taken in re- shall be and the same is hereby portion of a dwelling unit that is applicant must specify which por- sponse.This record must be avail- amended by repealing and replac- the primary residence of the prop- tions of the dwelling unit will con- able for inspection by the City ing Chapter 35 as follows: erty Owner, While the property stitute the registered premises upon request. "Sec.35.100.TITLE,PURPOSE AND owner is present.For the purpos- available for use for the Short- Sec.3S500.ADMINISTRATIVE PRO- SCOPE. es of this definition, "present- Term Rental. CEDURES. These regulations shall be known means the property owner is stay- (b)Home Shares are limited to (1)Administrative Rules.The En- as the short-Term Rental Code of ing in the dwelling overnight dur- a maximum of two adults per ap- forcement Officer shall have the the City of Ames, hereinafter re- ing the Short-Term Rental. proved bedroom.not to exceed a authority to establish administra- ferred to as"this code." Letter of Compliance means a total of five adults per dwelling tive rules and regulations consis- This code provides regulations for document issued by the Inspec- unit. tent with this code, for the pur- the voluntary registration and op- Lion Division,stating the premises (5)Off-street Parking. Parking Pose of interpreting,Carrying Out, eration of Short-Term Rentals in have been inspected and found to is provided according to the re- and enforcing it. order to provide a voluntary alter- be in compliance with Ames Mu- quirements of the Zoning Ordi- (2)Registration. native from full compliance with nicipal Code Chapter 13. Rental nance Section 29.406 and the fol- (a)Registration Form.Short- Chapter 13. Rental Housing Code Housing Code, on the date of in- lowing: Term Rental Registration must be for owner-occupied dwelling units spection. (a) Hosted Home Shares- No on forms provided by the City. wishing to offer Short-Term Rent- Owner means any person,agent, additional parking required. (b)No Fee. Registration as a al, while ensuring the safety and firm or corporation having a legal (b)Home Shares-1 space per Short-Term Rental unit is volunta- welfare of guests, owners and or equitable interest in the prop- bedroom (maximum required - 5 ry and requires no fee. neighboring property owners. erty:or recorded in the official re- spaces). (c)Registration Review.Com- Sec.35200.DEFINITIONS. cords of the state,county or mu- (6)Tax Compliance. At time of plete and accurate information For the purposes of this code,the nicipality as holding title to the each registration renewal, docu- must be provided to the City. following words,terms and phras- property: or otherwise having mentation must be provided indi- (i)Staff review.The regis- es have the meanings set forth control of the property, including eating that required taxes for the tration will be reviewed by staff herein. Where terms are not de- the guardian of the estate of any previous year have been paid pur- within five working days for com- fined herein but are defined else- such person,and the executor or suant to Ames Municipal Code pleteness. where,such as in Ames Municipal administrator of the estate of Section 24.3. 00 Incomplete Registra- Code Chapter 13, Rental Housing such person if ordered to take (7)Fire Safety Requirements.All tion.Registration that does not in- Code or Chapter 19,Zoning Ordi- possession of real property by a units registered as Short-Term elude all required information will nance,such terms have the mean- court. Rentals under this code must be be considered incomplete.In such ings ascribed therein. Primary Residence means a dwell- in compliance with the fire safety cases,the City will notify the ap- Applicant means a property own- ing unit that is the only place regulations included in Ames Mu- Plicant in writing, explaining the er who registers their Short-Term where a person has a true.fixed, nicipal Code Chapter 13. Division information required.If the appli- Rental unit with the City. and permanent home, and to Vill. cant does not provide the re- Bedroom, Approved means any where, whenever the person is Prior to the registration of a unit quired information within 31 days room or space used or intended to briefly and temporarily absent, as a Short-Term Rental,a Special of the notice,the registration will be used for sleeping purposes the person intends to retum. A Request Inspection must be con- be deemed withdrawn for lack of that is found to be in compliance person may have only one pri- ducted on the unit and documen- responsiveness. with the standards of Ames Mu- mary residence. tation obtained from the inspector (iii)Approval.Registration in nicipal Code Chapter 13. Rental Short-Term Rental means the ad- verifying compliance. Special Re- compliance with this code will be Housing Code. vertising, offering, or otherwise quest Inspections shall be re- approved. Enforcement Officer means the making available use of a dwelling quired every other year for contin- (iv) Conditional Approval.A person or persons designated by unit for overnight lodging for a pe- ued renewal of registration. Spe- conditional approval may be the City Manager who is responsi- riod of thirty (30) consecutive cial Request Inspections,when re- granted to allow an applicant to ble for the administration and en- days or less in exchange for mon- quired,may be conducted up to 90 operate while coming into full forcement of this code. ey,goods,labor or service.Short- days prior to the initial registra- compliance with the registration Dwelling Unit means a single unit Term Rental does not include any tion or the renewal registration of requirements. A conditional ap- providing complete, independent hotel or motel facility or Bed & a unit as a Short-Term Rental.The proval is time limited for no more living facilities for one or more Breakfast Establishment. Special Request Inspection fee than three months and is not re- persons, including permanent Sec 35300.OPERATION OF USE. shall be set by resolution and may newable. provisions for living,sleeping,eat- No person or entity may advertise, be found in Appendix L of the (v)Denial Including Non- ing,cooking and sanitation. offer, let, operate, or otherwise Ames Municipal Code. Renewal.Any violation of the pro- Guest Contract means one or make available a Short-Term Rent- (8)Additional Operational Re- visions of this code may be con- more persons who act as a single al without either full compliance quirements.In addition to regis- sidered during the registration re- group and as a single reservation with Chapter 13. Rental Housing tration.the following also apply: view and may result in denial or and payment for a Short-Term Code OR registration as a Short- (a)Concurrent Guest Con- non-renewal. Verified complaints Rental. Term Rental unit under this code. tracts Not Allowed Within a Dwell- with notice of corrective action in- Short-Term Rental Registration is 3SA00 SHORT-TERM RENTAL ing Unit. Accommodations must volving violations of the zoning the administrative process where- STANDARDS be offered as one guest contract code,building code,and/or appli- cable laws or regulations may be voked,the use of the dwelling unit a basis for denying registration.if as a Short-Term Rental is no lon- denied,the property is no longer ger exempted from full compli- exempt from full compliance with ante with Chapter 13, Rental Chapter 13,Rental Housing Code. Housing Code. The use must (3)Inspection.All premises reg- cease until a Letter of Compliance istered as Short-Term Rental units under Chapter 13is obtained. must be subject to inspection by Sec 35.600.APPEALS. the City for the purpose of investi- Any party aggrieved by the En- gating and determining compli- forcement Officer's decision to ante with the requirements of this deny,suspend, revoke,or issue a Code. registration may appeal the deter- (4)Term mination to the Zoning Board of (a)All registrations shall termi- Adjustment within thirty (30) nate after one year. Registration days, under the procedures set renewals must be submitted by forth in the Zoning Ordinance Sec- the property owner annually,prior tion 29.1403(8)" to expiration of the current regis- Section Two. Violation of the tration. provisions of this ordinance shall (b)If a Short-Term Rental regis- constitute a municipal infraction tration expires, the dwelling unit punishable as set out by law. may not be used or occupied as Section Three. All ordinances. Short-Term Rental until such time or parts of ordinances,in conflict as a subsequent registration has herewith are hereby repealed to been approved or a Letter of Com- the extent of such conflict,if any. pliance under Chapter 13. Rental Section Four. This ordinance Housing Code has been obtained. shall be in full force and effect (5)Transferability.The registra- from and after its passage and tion will be issued in the name of publication as required by law. the property owner and is not Passed this 22nd day of Decem- transferable to a subsequent own- ber,2020. er or to another property. (6)Revocation. Diane R.Voss,City Clerk (a) The Enforcement Officer John A.Haila.Mayor may immediately revoke or tem- porarily suspend a Short-Term Published in the Ames Tribune on Rental registration based upon December 30,2020(1T) any of the following,if it is found that: (i) The registrant, designat- ed operator,or guest has violated any of the provisions of this code or conditions of the registration; 00 The applicant has made a false statement of material fact on the registration; (iii)The registrant,designat- ed operator,or guest has violated any federal, state, or city law or regulation pertaining to the use of the property as a Short-Term Rent- al;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 no- tice to the property owner stating the basis for the decision of revo- cation or suspension,the effective date of the revocation or suspen- sion,the right to appeal the deci- sion,and the procedure for filing an appeal. Any notice of suspen- sion must include information about possible corrective action and time for compliance,as appli- cable. (c)Upon revocation of the reg- istration,the dwelling unit or par- cel described in the registration is ineligible to receive another regis- tration pursuant to this code for one year from the date of revoca- tion. (d) If the Registration is re-