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HomeMy WebLinkAbout11282022 City Council LAYDOWN for Ord 22-016 - Proposed Amendments221128 LAYDOWN for ORD 22-016 Proposed Amendments Ordinance 2022-016 Short Term Rental Amendments On November 14, 2022, Community Development Director Jason Bickling stated there would be amendments to Ordinance 2022-016 during the November 28 meeting. The following amendments are requested: Primary amendment #1: I move to amend Section 15.10.226 B, by: • Inserting the following language in subsection 6, creating subsection a: "a. Within principally commercial districts, a dwelling may be considered owner -occupied if it is being occupied by a renter with a legally binding one-year or longer rental agreement." • Inserting the following language in subsection 9, creating subsection a: "a. Within principally commercial districts, a dwelling may be considered owner -occupied if it is being occupied by a renter with a legally binding one-year or longer rental agreement." • Inserting "Operation to maintain a nonconforming short-term rental property license requires 60 nights of rental annually as demonstrated by bed -tax receipts.", in subsection 12 and reorder the subsections 13 and 14. Primary amendment #2: 1 move to amend Ordinance 2022-106, by: • Amending Section 4 to read: "A non -conforming short-term rental is defined as a business which has operated 60 days in one of the last five (5) years 2022, 2021, 2020, 2019, or 2018 as demonstrated by bed tax receipts." • Enacting Section 5 to read: "A property owner that owns vacant property has two (2) years to develop that property as a nonconforming use to the approved short term rental regulations. The property owner must contact the Community Development Department by June 30, 2023 and notify the Department of their plans to develop. The property owner is required to be in active development by December 31, 2024." • Enacting Section 6 to read: This ordinance shall take effect ten (10) days following enactment." This language incorporates the requested amendments. Note the language is highlighted. 15.10.226 Land Uses Allowed. B. Lodging as defined in section 15.10.140B. is allowed in accordance with table 15.10.225 of this chapter and subject to the following conditions: 1. Regardless of the date such use began, an annual administrative permit is required. Prior to issuing the permit, the City shall conduct an annual life safety inspection of each guest room to assure compliance with the current adopted building code door/window egress standards, the presence of an operable and inspected fire extinguisher and adequate smoke detection systems, a posted evacuation plan, and visible signs showing exit locations. 2. The application for an annual administrative permit shall be accompanied by a fee established by City Council resolution. A fee will be issued for each separate, advertised, rentable lodzinz unit. 3. Before any permit is issued, the applicant shall furnish evidence ofthe existence of one or more policies of insurance, issued by an insurance company satisfactory to the City, Providing insurance coveraze for lodzinz Policies shall stipulate that the insurer will give written notice to the City at least 30 days prior to the cancellation, expiration, lapse or other termination of the insurance coverage. 4. (-2) Parking will be provided in accordance with section 15.10.215 of this chapter. 5. (3) No cooking or cooking facilities are permitted in individual guest bedrooms. 6. (4)-Within single and two family principally residential districts RR, RI, R2, R3, UR- lodging is limited to a home occupation within an owner -occupied dwelling which is the owner's principal place of residence and to the rental of not more than 50 percent of the bedrooms to a maximum of €x�e three. a. Within principally commercial districts, a dwellinz may be considered owner - occupied ifit is beinz occupied by a renter with a le -ally bindinz one-year or longer rental a,-reement. 7. In all et4er- residential distfiets, lodging wit4in single family r-esidenees a*d duplexe 7. Within principally residential districts R2, R3, UR, lodzinz in multifamily dwellin'-s is limited to not more than 50 percent of the dwellinz units with one of the units being the owner's principal place of residence. 8. (8) Within principally commercial districts -OR, AC, HC, and CB- excluding the Industrial zoning district, lodging within a dwelling unit is limited to the rental of not more than five guest bedrooms regardless of building or business ownership. 9. Within principally commercial districts -(OR, AC, HC, and CB, lodzinz within a single- family residence, is limited to a home occupation within an owner -occupied dwelling which is the owner's principal place of residence and to the rental of not more than 50 Percent of the bedrooms to a maximum of five. a. Within principally commercial districts, a dwellinz may be considered owner - occupied ifit is beinz occupied by a renter with a le -ally bindinz one-year or longer rental a,-reement. 10. (}Within principally commercial districts OR, AC, HC, and CB; excluding the Industrial zoning district, multifamily dwellings used for lodging purposes are not required to be the business or property owner's principal place of residence. The use shall be limited to not more than fives dwelling units. 11. Within principally commercial districts OR, AC, HC, and CB, an individual must wait 4 years from the January of the followinz year after purchasinz a multifamily dwelling before applyinz for a non -owner -occupied Short-term rental permit. A Ion, --term rental and an owner -occupied Short-term rental permit may be obtained immediately upon purchase of the multifamily dwellinz. 12. Operation to maintain a nonconforminz short-term rental property license requires 60 nizhts of rental annually as demonstrated by bed -tax receipts. 13. (8-)The rental of individual rooms for lodging purposes is not extended to apartment unit tenants. 14. (-)Regardless of business name, the use of more than five guest bedrooms or apartments is considered a motel or hotel for building and other code interpretation purposes. Section 4. A non -conforming short-term rental is defined as a business which has operated 60 days in one of the last five (5) years 2022, 2021, 2020, 2019, or 2018 as demonstrated by bed tax receipts Section 5. A property owner that owns vacant property has two (2) years to develop that property as a nonconforming use to the approved short term rental regulations. The property owner must contact the Community Development Department by June 30, 2023 and notify the Department of their plans to develop. The property owner is required to be in active development by December 31, 2024 Section 6. This ordinance shall take effect ten (10) days following enactment.