HomeMy Public PortalAbout2017-10-12 packet
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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
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Case No. P17019
1310 Edgewood
PUD Amendment
0 60 120 240 Feet
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City of Jefferson Planning & Zoning Commission
VICINITY
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Case No. P17019
1310 Edgewood
PUD Amendment
0 140 260 560 Feet
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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.
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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
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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.