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HomeMy Public PortalAbout2017-10-12 packet Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding agenda items. Notice of Meeting & Tentative Agenda City of Jefferson Planning and Zoning Commission Thursday, October 12, 2017 ~ 5:15 P.M. City Council Chambers, John G. Christy Municipal Building, 320 East McCarty Street Enter through Main Lobby All interested parties will be given a chance to be heard. TENTATIVE AGENDA 1. Call to Order and Introductions 2. Procedural Matters • Determination of quorum and designation of voting alternates • Call for cases • Receive and review requests for continuance • Receive requests for reordering the agenda • Format of hearing • List of exhibits 3. Adoption of Agenda (as printed or reordered) 4. Approval of the Regular Meeting Minutes of September 14, 2017 5. Communications Received 6. New Business/Public Hearings Case No. P17019 – 1310 Edgewood Drive, Amendment to Final PUD Plan. Request filed by Capital Region Medical Center, property owner, on behalf of St Nicholas Academy, applicant, for an amendment to a Final PUD plan to add boarding school as a permitted use of the property. The property is located on the northwest corner of the intersection of Edgewood Drive and Memorial Drive and is described as lots 5 and 6 of Medical Park Subdivision. Case No. P17020 – Zoning Code Text Amendment Pertaining to Short Term Rentals. Request filed by city staff to amend the text of Chapter 35, Zoning, with respect to the following: 1. Establishment of short term rental of residence or lodging room as a permitted use in the commercial and mixed use districts and as a special exception use in the residential and industrial districts. 2. Establishment of specific use standards pertaining to short term rental of a residence or lodging room. The complete text of the amendment is available for review at the Department of Planning and Protective Services, 320 E. McCarty Street, or may be viewed at the Planning and Zoning Commission webpage at: www.jeffersoncitymo.gov. 7. Other Business A. Staff updates on prior cases B. City Code Amendment Pertaining to Historic Preservation Review of Demolition Proposals. (Discussion only, no formal action by the Commission) 8. Adjourn MINUTES JEFFERSON CITY PLANNING AND ZONING COMMISSION September 14, 2017 5:15 p.m. COMMISSION MEMBERS PRESENT ATTENDANCE RECORD Bob George 2 of 2 Chris Jordan, Chairman 2 of 2 Michael Lester 2 of 2 David Nunn 2 of 2 Dale Vaughan* 2 of 2 Chris Yarnell, Vice Chairman 1 of 2 Matthew Hall, Alternate 1 of 2 Michelle Mahoney, Alternate 2 of 2 Blake Markus, Alternate 2 of 2 *Arrived Late COMMISSION MEMBERS ABSENT Bunnie Trickey Cotten 1 of 2 Jack Deeken 1 of 2 Dean Dutoi 1 of 2 COUNCIL LIAISON PRESENT Erin Wiseman, Alternate Council Liaison STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Eric Barron, Senior Planner Alex Rotenberry, Transportation Planner Anne Stratman, Administrative Assistant 1. Call to Order and Introduction of Members, Ex-officio Members and Staff The Chairman, five regular members and all alternates were present. A quorum was present. Designation of Voting Alternates The Chairman announced that all regular members and all alternates were eligible to vote. 2. Procedural Matters and Procedures Explained As there were no public hearings scheduled for the September 1, 2017 meeting, Mr. Barron referenced the procedures for the meeting. The following documents were entered as exhibits. Mr. Barron advised that copies of the exhibits are available through the City Clerk or the Department of Planning and Protective Services: The City Code of the City of Jefferson, as amended Comprehensive Plan and Land Use Map Copies of applications under consideration A list of property owners to whom notices were sent Affidavit of publication of the public notice in the newspaper Rules of Procedure, Planning & Zoning Commission Mr. Barron submitted the following items for the record: Staff reports Minutes of proceedings Copies of drawings, plans, and/or renderings under consideration Letters or memoranda from staff Materials submitted by the public or applicants pertaining to the cases under consideration Jefferson City Planning & Zoning Commission Page 2 September 14, 2017 3. Adoption of Agenda Mr. George moved and Mr. Yarnell seconded to adopt the agenda as printed. The motion passed 7-0 with the following votes: Aye: George, Hall, Lester, Mahoney, Markus, Nunn, Yarnell 4. Approval of Minutes of the Regular Meeting of August 10, 2017 Mr. Nunn moved and Mr. Lester seconded to approve the minutes of the Regular Meeting of August 10, 2017 as written. The motion passed 7-0 with the following votes: Aye: George, Hall, Lester, Mahoney, Markus, Nunn, Yarnell Mr. Vaughan arrived at 5:25 p.m. 5. Communications Received No correspondence was received. 6. New Business A. Discussion of Zoning Code Amendment Pertaining to Short Term Rentals Mr. Barron described the proposal and explained that the proposal would divide regulation of short term rentals into two types, including short term rental of a residence where an entire house is rented and short term rental of a lodging room where a single room or basement is rented. He stated that the code amendment would differentiate between these two different types of use but apply essentially the same Specific Use Standards to each of them. Mr. Barron explained that short term rentals could be proposed for essentially any residence, apartment unit, downtown loft, etc. He stated that short Term Rentals would be listed as a Special Exception Use in all zoning districts except the industrial districts. Mr. Barron explained that the primary purpose of this process is to get feedback from the surrounding property owners on whether this is an appropriate use for that specific area. He stated that this would require a property owner to apply for a Special Exception Use Permit, which would be reviewed by the Planning and Zoning Commission, in a public hearing format, before being forwarded to the City Council for a final decision. Mr. Barron explained that if approved the Special Exception Permit would be issued in the name of the property owner. He stated that if the property sells and the new owner wants to continue the use, they would need a new Special Exception Permit. Mr. Barron explained that use of garages, storage buildings, yurts, small cabins, or other accessory structures as short term rental units would not be permitted. He stated that there will be limits on the number of people or guests. Mr. Barron explained that the maximum length of stay would be 7 consecutive days/nights. He stated that one purpose of the length of stay regulation would be to ensure that the short term rental is not used as a loophole to regular residential occupancy regulations. Mr. Barron explained that a short term rental would be subject to inspections to ensure the use meets applicable building and fire code regulations. He requested that the Commission consider listing short term rentals as a permitted use in the Mixed Use District and all Commercial Districts. Mr. Barron explained that Bed and Breakfast Inns are a permitted use in the Mixed Use District and all commercial districts. He stated that permitting this use in the Mixed Use and commercial districts would remove the stipulation that the Special Exception Use Permit be issued, however, there would be no review of the character of an owner. Mr. Barron explained that the use would be listed as a special exception use in the two manufacturing districts. Mr. Nunn expressed the concern that there might be someone that continually rents a residence 365 days a year to different people for a week at a time. He stated that this would be a concern for the value of other residences in the immediate vicinity or neighborhood. Mr. Nunn suggested limiting the number of nights in a month or a year. He stated that sometimes you see neighborhoods decline when there are rental houses among owner occupied dwellings. Mr. Vaughan commented that short term rentals could have positive effects as well. He explained that this could be a benefit where the additional income could be put towards improvements to the house and property. Jefferson City Planning & Zoning Commission Page 3 September 14, 2017 Mr. Barron inquired of Commission member’s thoughts regarding permitting short term rentals in the Mixed Use and commercial districts. He stated that downtown lofts and the Capitol Avenue District would be eligible for this type of use. Mr. Nunn inquired of the difference between a rental property that rents by the week and a short term rental property and how you would enforce that. Ms. Wiseman explained that she talked with the Law Department and that it comes down to an approved standard. She stated that you would end up in court arguing with a judge whether it is a weekly or monthly rental. Ms. Wiseman also commented about someone that rents for a week and does not apply for a Special Exception Use Permit, how do you know that they did not rent it for the whole month and they only stayed for a week. She stated that the result is that it is an approved standard and the judge has to decide. Ms. Wiseman explained that the Prosecutor has to file a complaint and the person that has a complaint against has to defend themselves. She stated that the judge has to decide if they violated our short term rental or it is in fact a long term rental and falls under the landlord/tenant laws of the State of Missouri. Mr. Yarnell left at 6:19 p.m. Donna Deetz, 720 E High Street, owns a vacation rent by owner property in a commercial zoned district, expressed the following concerns: • The number of guests. • Prohibiting weddings, receptions and other events. • The length of stay Trey Propes, 137 N Capistrano Drive, President-Elect and Director of Operations of the Missouri Hotel and Lodging Association spoke regarding this request. Mr. Barron explained that this proposed amendment would be modified by staff based on the discussion at the meeting and will be brought back as a public hearing item for formal consideration at the October 12, 2017 meeting. 7. Other Business A. Staff updates on prior cases Mr. Barron gave an update on the following: (1) Southside Old Munichburg District and Neighborhood Plan; and (2) Assisted Living Facility at 1732 and 1736 Vieth Drive. B. Bicycle Friendly Community Designation Mr. Rotenberry explained that the City of Jefferson recently submitted an application to be recognized by the League of American Bicyclists as a Bicycle Friendly Community. 8. Adjourn. There being no further business, the meeting adjourned at 6:45 p.m. Respectfully Submitted, Eric Barron, Assistant Secretary Jefferson City Planning &Zoning Commission October 12, 2017 Capital Region Medical Center 1310 Edgewood Drive Case No. P17019 Amendment to Final PUD Plan PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION October 12, 2017 Case No. P17019 —1310 Edgewood Drive, Amendment to Final PUD Plan. Request filed by Capital Region Medical Center, property owner, on behalf of St Nicholas Academy, applicant, for an amendment to a Final PUD plan to add boarding school as a permitted use of the property. The property is located on the northwest corner of the intersection of Edgewood Drive and Memorial Drive and is described as lots 5 and 6 of Medical Park Subdivision. Nature of Request The existing building on the property was previously a child care facility. The applicant is seeking approval to convert the building into a boarding school use, with the intent of providing a safe, structured, and adult supervised boarding house for underprivileged and under -resourced children. The property is zoned PUD, Planned Unit Development, and the PUD Plan for the property does not include boarding school as a permitted use. Zonine History The property had a preliminary and final PUD plan for use of the building as a child daycare facility approved in August of 1989 by Memorial Community Hospital (now Capital Region Medical Center). The only permitted use for the property established by the PUD Plan was a child daycare facility. The PUD plan was amended in 1994 to expand the capacity of children from 64 to 132. Zoning and Surrounding Land Use: Zoning: PUD Use: Boarding School Staff Analysis The existing PUD Plan for the property includes child daycare as a permitted use. St. Nicholas Academy envisions the facility housing up to 12 children and houseparents. The children would attend local area schools with the facility on Edgewood Drive being primarily for boarding purposes. Staff Recommendation Staff recommend approval of the proposed PUD Plan Amendment. The proposed boarding school use would not be a significant change to the previous daycare use or be substantially out of character with area. Additionally, staff recommend establishing an underlying zoning of C -O to accommodate any future uses of the property as well as for signage and lighting standards. Form of Motion Motion for approval of the PUD Plan Amendment to add boarding school as a permitted use for the property and establish an underlying zoning of C-0 for the purpose of determining fixture permitted uses, signage, and lighting. Surrounding Zonin r Surrounding Uses North PUD Planned Unit Development South PUD Planned Unit Development East PUD Planned Unit Development West PUD Planned Unit Development Staff Analysis The existing PUD Plan for the property includes child daycare as a permitted use. St. Nicholas Academy envisions the facility housing up to 12 children and houseparents. The children would attend local area schools with the facility on Edgewood Drive being primarily for boarding purposes. Staff Recommendation Staff recommend approval of the proposed PUD Plan Amendment. The proposed boarding school use would not be a significant change to the previous daycare use or be substantially out of character with area. Additionally, staff recommend establishing an underlying zoning of C -O to accommodate any future uses of the property as well as for signage and lighting standards. Form of Motion Motion for approval of the PUD Plan Amendment to add boarding school as a permitted use for the property and establish an underlying zoning of C-0 for the purpose of determining fixture permitted uses, signage, and lighting. City of Jefferson Planning & Zoning Commission LOCATION MAP STADIUM BLVD -- g i y Yy 4v. 17 Y J MEMORIAL DR - 7 R -- ` - -- 7'. r- tits": 1 e� n.• ,,, r.-., r _ w EDGEWOOD-DR- 1a+@ s �� Case No. P17019 1310 Edgewood PUD Amendment 0 60 120 240 Feet N W + E S City of Jefferson Planning & Zoning Commission VICINITY 0 Case No. P17019 1310 Edgewood PUD Amendment 0 140 260 560 Feet n N W + E S City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634.6410 icplanningMeffersoncitvmo vov APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD) D Concept PUD Plan ❑ Preliminary PUD Plan ❑ Final PUD Plan X Amendment to Final PUD Plan D Amendment to Final PUD Plan for Signage PUD Project Nan Street Address: Legal Descriptioi Please attach or include the following: (a) Typed project narrative describing the type and character of the development, including land uses, acreage, proposed residential densities or commercial floor area (FAR); public or private open space, amenities or recreation areas to be provided; sidewalks and pedestrian ways; parking areas; deviations from minimum design standards of Section 35-51; and other information required by Section 35-74 or applicable sections of the Zoning Code. The project title and location must be included upon every page. Number all pages and attachments. (b) Site Plan and/or Development Plan, as applicable. (c) Preliminary or Final Subdivision Plat or Declaration of Condominium Association, as applicable; (d) Draft of Covenants, Conditions and Restrictions, as applicable; (e) Traffic impact analysis, if required by Section 35-60; (f) Signage Plan, including type, locations and dimensions of all proposed signs; (g) Landscaping and Screening Plan; (h) Lighting Plan, including pole heights, type of fixtures or luminaries, and foot candles; (i) Project Phasing Plan (if applicable) Q) Application Filing Fee $21000 plus $20 per acre (Revised June 30, 2015) Application Information: ProDerty Owner: e4 v, Phone Number(s): x 7 93,E -.-Si7SO Applicant Name (if different from owner): si. Nictiol>s /lcade�ny� Et:zobc+h Hiner Pres:d� t I,rTdiM Consultant Phone Number(s): The attached information accurately reprr2esents this proposed project. �.��f—�Ci �?'/e.f Printed Name P Consultant Signature Printed For Staff Use Only. Application Filing Fee Received.,Amount Check # ) Attachments: _Narrative Site Plan —Applicant/Project Information Sheet Note other information submitted: Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations orattemative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. //hc 5 St. Nicholas Academy — Amendment to Final PUD Plan The St. Nicholas Academy will be a boarding school for underprivileged and under -resourced children that will provide excellent, well-rounded educational experiences in a state accredited school with a specific focus inside and outside the classroom on student health and wellness and spiritual development. The students will be nurtured outside the classroom/academic settings in a safe, structured family -like setting, year-round to help them overcome earlier childhood setbacks toward becoming successful, productive young adults. The student home will be created through renovations to a former day care facility. It will be able to house up to 12 children, house parents, and relief parents. The exterior of the building will remain as it is today, and the interior will have minor modifications to modernize the kitchen and living areas. The property is contained in parcel ids 1006130002003009 and 1006130002003010, and the building is located at 1310 Edgewood Drive. It is lots 5 and 6 of the Medical Park PUD. City of Jefferson Department of Planning 6 Protective Services 320 E McCarty St. Jefferson City, MO 65101 September 28, 2017 Dear Property Owner: Carrie Tergin, Mayor Sonny Sanders, AICP, Director Phone: 573.634-6410 Fax: 573.634-6457 This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday, October 12, 2017 in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street, to consider the following matter (see map on back): Case No. P17019 — 1310 Edgewood Drive, Amendment to Final PUD Plan. Request filed by Capital Region Medical Center, property owner, on behalf of St Nicholas Academy, applicant, for an amendment to a Final PUD plan to add boarding school as a permitted use of the property. The property is located on the northwest corner of the intersection of Edgewood Drive and Memorial Drive and is described as lots 5 and 6 of Medical Park Subdivision. As a nearby landowner and/or neighbor, you have the privilege of attending this hearing. Unfortunately, we are unable to record comments received by telephone, however, written comments may be directed to the Planning and Zoning Commission in one of the following ways: e-mail: jcplanning@jeffcitymo.org fax: Dept. of Planning and Protective Services / Planning Division 573-634-6457 mail: Dept. of Planning and Protective Services / Planning Division John G. Christy Municipal Building, 320 E. McCarty Street Jefferson City, MO 65101 Written comments received on or before 1:00 p.m. on the day of the meeting will be made a part of the official record and copied and distributed to Commission members at the meeting. Those unable to provide written comments in advance are invited to deliver their comments to the Commission Chairman only at the meeting. Correspondence received after 1:00 p.m. will be included in the official record, but there is no guarantee that copies will be made for distribution to all Commission members. For your information, this case is tentatively scheduled for a public hearing in front of the City Council on November 20, 2017. The City Council meets at 6:00 p.m. in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: http://www.ieffersoncitymo.gov/government/planning/planning and zoning commission.php. If you have any questions concerning this matter, please feel free to contact us at 573.634.6475. Sinc ex Rotenberry, AICP Planner Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding agenda items. Jefferson City Planning & Zoning Commission Page 1 Property Owner List Case No. P17019 1310 Edgewood Drive October 12, 2017 POLLOCK PROPERTIES L L C D/B/A PROFESSIONAL THERAPY CENTER 1030 WESTWOOD DR JEFFERSON CITY, MO 65109 1303 EDGEWOOD DR HENG, VOEU & SEANG 1813 STADIUM BLVD JEFFERSON CITY, MO 65109 1813 STADIUM BLVD ROWAN RESOURCES L P 430 VIRGINIA TRL JEFFERSON CITY, MO 65109 1809 STADIUM BLVD CLEARVIEW L L C 1309 EDGEWOOD DR JEFFERSON CITY, MO 65109 1309 EDGEWOOD DR MEMORIAL - STILL REGIONAL MEDICAL CENTER PO BOX 1128 JEFFERSON CITY, MO 65102 1310 EDGEWOOD DR (Subject Property) 1410 SOUTHWEST BLVD MEMORIAL DR W EDGEWOOD DR STADIUM BLVD HUBER, STEVEN J 1300 EDGEWOOD DR JEFFERSON CITY, MO 65109 1300 EDGEWOOD DR CLEARVIEW L L C 1400 EDGEWOOD DR JEFFERSON CITY, MO 65109 1400 EDGEWOOD DR Case No. P17019 1310 Edgewood PUD Amendment 185 ft. Notification Buffer N W+C S 0 95 190 380 570 760 Feet Jefferson City Planning & Zoning Commission October 12, 2017 City Staff Case No. P17020 Zoning Code Text Amendment Pertaining to Short Term Rental Planning Division Staff Summary Proposed Short Term Rental Zoning Code Amendment 9-27-17 Staff Comments: Planning Division Staff have researched the topic of short term rental uses, and found that there is a variety of ways that other cities regulate such a use, from specific overlay districts where such uses are permitted to requiring special permits prior to operating the use. Cities tend to attach specific regulations and requirements to the use as well. Staff have prepared a draft ordinance based on the research. Draft Ordinance: Short term rentals would be divided into two types as follows: 1. Short Term Rental of a Residence —where an entire house is rented out 2. Short Term Rental of a Lodging Room — where a single room or basement is rented out. Rentals in the lodging room category would be limited to a single room or area within a residence. The code amendment would differentiate between these two different types of use but apply essentially the same "Specific Use Standards" to each of them. Short term rentals could be proposed for essentially any residence, apartment unit, downtown loft, etc. Short Term Rentals would be listed as a "Permitted Use" in all four commercial zoning districts and the mixed use district. The uses would be listed as a "Special Exception Use" in the single family, multi -family, and industrial zoning districts. This would require a property owner to apply for a Special Exception Use Permit, which would be reviewed by the Planning and Zoning Commission, in a public hearing format, before being forwarded to the City Council for a final decision. Definitions - The definitions drafted for this code amendment would define any rental of less than thirty days as short term. Notes on Specific Provisions: 1. Required Special Exception Use Permit — The SE Permit (if approved) would be issued in the name of the property owner. So if the property sells and the new owner wants to continue the use, they would need a new SE Permit. 2. Prohibit the use in accessory structures. Use of garages, storage buildings, yurts, small cabins, or other accessory structures as short term rental units would not be permitted. 3. A limit on the number of people or guests. a. The proposed limit for rental of an entire house would be the same as the definition of a family within the zoning code (maximum of 5 unrelated people or any number of people who are related). This would allow a small group of unrelated people to rent out a house and allow a larger family, which could potentially exceed 10 people, to do the same. b. A single room or basement being rented out within a house would be limited to four people. This might be a low number, as someone renting out a basement of a house might have ideas for a larger number of people. But opening up the option for a larger number of people could very easily interfere with the single family nature of the use, result in parking problems, etc. 4. Signage — signage would be limited to the same permitted for a home based business, which is a small one square foot sign that must be attached to the building. This would allow for a very limited representation of the use (to allow the customer to identify that they're in the right spot) without interfering with the character of the neighborhood. 5. Prohibition on events. Weddings, receptions, and similar uses would not be permitted. 6. Parking. The use would need to accommodate the parking needs of both residents and guests. Were on-site parking is provided to serve residents and guests (which would include most single family homes, but not include areas served by off site parking such as downtown) a minimum of two spaces would be required for short term rental of a residence (the same parking requirement for a normal residence) and three spaces would be required for lodging room rental (to allow one space for the guest. 7. Residential appearance. A few extra items placed in the specific use standards to reinforce that the residence must maintain a residential appearance and be operated as such. Violations — the offering of a rental (without the required SE Permit) would be considered a violation. There would not need to be evidence that the unit is actually being rented. Licenses and taxes — All applicable licenses and taxes would need to be adhered to. These could include the lodging tax, city business license, sales tax, etc. Inspection requirements. A short term rental would be subject to inspections to ensure the use meets applicable building and fire code regulations. Differentiation from Hotels and Bed and Breakfasts: Hotels and Bed and Breakfasts are currently defined in the Zoning Code, and would be differentiated from short term rentals. Buildings that have multiple rooms for rent would be considered either a hotel or bed and breakfast, dependent on their operating model. Buildings that are offered for rent for commercial functions (such as a "retreat") or are operated in a commercial district but exceed the allowances of the specific use standards (such as the maximum number of guests or the provision regarding events) would best be defined as either a hotel or event center, depending on the specifics of the use. Such uses would need to meet the applicable requirements and regulations for that use. BILL NO. SPONSORED BY ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 35, THE ZONING CODE, PERTAINING TO SHORT TERM RENTAL OF A RESIDENCE OR LODGING ROOM. WHEREAS, It appears that the procedures set forth in the zoning code relating to zoning code text amendments have in all matters been complied with. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Sec. 35-28 (Matrices of permitted, conditional and special exception use land uses and classification of uses not listed) Exhibit 35-28 (Land Uses Authorized in Zoning Districts), is amended as follows: See Attachment A Section 2. Sec. 35-41.13 (Specific Use Standards) is hereby amended with the addition of a new sub -section pertaining to Short Term Rental of a Residence or Lodging Room as follows: 35. Short Term Rental of a Residence or Lodging Room a. Location. Short Term Rental of a Residence or Lodging Room may be authorized in the districts specified by Exhibit 35-28 Land Use Matrix. b. Specific Provisions. Short Term Rental of a Residence or Lodging Room shall adhere to the following: (1) Special Exception Use Permit. Where use of a property as a Short Term Rental is authorized by Special Exception Use Permit the Special Exception Use Permit shall be issued in the name of the owner of the property, and is non -transferable. (2) The short term rental shall be located within an existing Primary structure residence. Accessory structures shall not be used for sleeping or accommodation purposes. (3) Number of Guests and Rooms. The following shall be applicable for Short Term Rental of a Residence or Lodging Room, as indicated. (a) Short Term Rental of a Residence. A maximum of five unrelated persons or any number of persons related by blood, marriage or adoption shall be permitted as lodging quests. (b) Short Term Rental of a Lodging Room. A maximum of one rental space may be rented to quests, Scriveners Note: Inserted text shown as thus. Deleted text shown as # me. multiple rentals within the same residence is not permitted. A maximum of four people shall be permitted as quests. (4) Signage. Exterior signage shall be limited to one sign of a maximum size of one square foot, which must be attached to the structure. No other exterior signage, display, or other indication of the variation from the residential character of the building shall be permitted. (6) The property shall not be rented or used for receptions, parties, weddings or similar activities. (6) Parking. The property shall have sufficient parking spaces to accommodate both residents and guests. Where on-site parking is provided, the minimum parking requirement for a Short Term Rental of a Lodging Room shall be two on- site parking spaces on streets where on -street parking is permitted, or three on-site parking spaces on streets where on street parking is not permitted. (7) The residence shall maintain a residential appearance and adhere to all applicable codes of the City of Jefferson. Trash receptacles shall be placed at the curb only during trash service days. Noise emanating from the residence shall be at a level typical for a residential home. Visitors of guests shall not be excessive in number or out of character with the residential nature of the property. C. The advertisement or offering for rent of a Short Term Rental without approval or in conflict with the specific provisions of this section or the other provisions of this chapter shall be considered a violation. d. The Short Term Rental of a residence or lodging room shall be subject to all applicable taxes including lodging taxes, sales taxes, and business licensing regulations. e. The Short Term Rental of a residence or lodging room shall be subject to Fire Code and Building Code inspection requirements. Section 3. Sec. 35-92 (Definitions) is hereby amended as follows: Short Term Rental of a Residence. The rental of a dwelling unit for a period of less than one month. Short Term Rental of a Lod -ging Room. The rental of a portion of or room within a dwelling unit by the occupant of the dwelling unit for a period of less than one month. Lona Term Residence. Residence within a dwelling unit for a period of one month or more. Hotel. A building in which lodging is provided and offered to the public for compensation, and which is open to transient guests in contradistinction to a boardinghouse, short term rental of a residence or lodging room, or lodging house as herein defined. Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. Section 4. This ordinance shall be in full force and effect from and after its passage and approval. Passed: Presiding Officer ATTEST: City Clerk Approved: Mayor APPROVED AS TO FORM: City Counselor Scriveners Note: Inserted text shown as thus. Deleted text shown as tWs. Attachment A. Exhibit 35-28: Land Uses Authorized in Zoning Districts Use Category 3. Commercial Use Specific Use Type Zoning Districts RU RS -1 RS -2 RS -3 RS -4 RD RA -1 RA -2 N -O RC MU -1 C -O C-1 C-2 C-3 I M-1 M-2 B. Lodging 6. Short Term Rental of a SE SE SE SE SE SE SE SE SE SE P P P P P SE SE Residence 7. Short Term Rental of a SE SE SE SE SE SE SE SE SE SE P P P P P SE SE Lodainq Room Scriveners Note: Inserted text shown as thus. Deleted text shown as tis.