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Home My Public Portal AboutORD15761BILL NO. 2017-106 SPONSORED BY Councilwoman Wiseman ORDINANCE NO. _1 —76 / AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 17, LICENSES, TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS, AND CHAPTER 35, THE ZONING CODE, PERTAINING TO SHORT TERM RENTAL OF A RESIDENCE OR LODGING ROOM. WHEREAS, 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. 17-11 (Definitions) of the Jefferson City Code is hereby amended to amend the line pertaining to hotels and motels, as set forth herein. All other definitions set forth in of Sec. 17-11 not expressly amended herein shall remain unchanged. Hotel and motel. Any building, group of buildings or establishment containing e; one 1 or more separate sleeping units in the city which are regularly offered to the public for lodging purposes for a consideration or charge. This definition shall include the short term rental, for lodging purposes, of a residential dwelling unit or room or space within a residential dwelling unit. Section 2. Subsection B of Sec. 17-13 (Business licenses based upon set fees) of the Jefferson City Code is hereby amended to amend the line pertaining to hotels and motels, as set forth herein. All other lines of Sec. 17-13(B) not expressly amended herein shall remain unchanged. Hotels and motels, er sleep^Win°*.......Q^....$21.00 or $2.00 per sleeping unit, whichever is greater Section 3. Sec. 17-62. (Definitions and Rules of Construction) of the Jefferson City Code is hereby amended to amend the line pertaining to hotels and motels, as set forth herein. All other definitions set forth in of Sec. 17-62 not expressly amended herein shall remain unchanged. Hotel/Motel. Any structure, or building, under one management, which contains rooms furnished for the accommodation or lodging of guests, with or without meals being provided, and kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are sought for pay or compensation to transient guests or permanent guests and having m^Fe than throe (3) hervir ems one (1) or more bedrooms furnished for the accommodation of such guests. This definition is intended to include tourist courts, -and bed and breakfast establishments-, and the short term rental, for lodging purposes of a residential dwelling unit or room or space within a residential dwelling unit. Scriveners Note: Inserted text shown as thus. Deleted text shown as tis. Section 4. Sec. 17-63. (Levy of Tax) of the Jefferson City Code is hereby amended as follows: -In addition to the license fees levied on hotels and motels pursuant to Article IV of Chapter 17 there is hereby levied upon the charges for all sleeping rooms paid by the transient guests of hotels or motels, including short term rental, for lodging purposes, of a residential dwelling unit or room or space within a residential dwelling unit, situated in the city a tax of seven percent (7%) per occupied room per night. Every person collecting such a charge for sleeping rooms shall collect the tax and remit the same to the City. The tax shall be itemized separately on each bill. The term "transient guest" as use herein shall have the definition as provided in Section 67.1000 RSMo. Section 5. Exhibit 35-28 (Land Uses Authorized in Zoning Districts) of Sec. 35-28 (Matrices of permitted, conditional and special exception use land uses and classification of uses not listed) of the Jefferson City Codes is amended as follows: See Attachment A Section 6. 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 guests. (b) Short Term Rental of a Lodging Room. A maximum of one rental space may be rented to guests, multiple rentals within the same residence is not permitted. A maximum of four people shall be permitted as guests. Scriveners Note: Inserted text shown as thus. Deleted text shown as ##as. (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 and shall not be lighted. No other exterior signage, display, or other indication of the variation from the residential character of the building shall be permitted. (5) 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 quests. 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 7. 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 Lodging Room. The rental of a portion of a dwelling unit 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. Section 8. This ordinance shall be in full force and effect from and after its passage and approval. Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. Passed: /—�— ;� O I g Presiding Officer ATTEST,: 9. Approved: I ^ 3-x-0 / 8 APPROVED AS TO FORM: City Co nse r Scriveners Note: Inserted text shown as thus. Deleted text shown as . Attachment A. Exhibit 35-28: Land Uses Authorized in Zoning Districts Use Category Specific Use Type Zoning Districts RU RS -1 RS -2 I RS -3 I RS -4 RD RA -1 RA -2 I N -O I RC I MU -1 I C -O I C-1 I C-2 C-3 M-1 M-2 3. Commercial Use 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 Lodging Room — — — — — — — — — — — — — — — — — NOTICE OF PUBLIC HEARINGS ON PLANNING AND ZONING MATTERS The City Council of the City of Jefferson, Missouri, will hold public hearings on the following planning and zoning matters on Tuesday, January 2, 2018 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri. 1. AMENDING CHAPTER 8 PERTAINING TO HISTORIC PRESERVATION REVIEW OF DEMOLITION PROPOSALS. Request filed by city staff to amend the text of Chapter 8, Buildings and Building Regulations, establishing procedures and regulations with respect to -Historic Preservation Commission review of demolition proposals. - The proposed regulations would include provisions that could prevent the issuance of demolition permits for structures meeting certain requirements and found to be historically significant. 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. 2. ZONING CODE TEXT AMENDMENT PERTAINTING TO SHORT TERM RENTALS. Request filed by city staff to amend the text of Chapter 35, Zoning, with respect to establishment of short term rental of a 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 and 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. 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 these matters. Phyllis Powell, City Clerk, City of Jefferson, Missouri P.T. - Friday, December 15, 2017 For contact information only. Department of Planning and Protective Services/Planning Division 320 East McCarty Street, Room 120, Jefferson City, Missouri 65101 Contact: Anne Stratman or Janice McMillan Phone (573) 634-6475 Fax (573) 634-6457