City Council

Ogden City City Council December 13, 2016 City Council Chambers Municipal Building – Third Floor 2549 Washington Boulevard, Ogden, Utah 84401 3:30 p.m. Work Session City Council City Council Work Room The purpose of the work session includes presentations and discussions regarding:  Agenda review for City Council meeting; and  Council Business. Any items not fully addressed prior to the City Council meeting, which begins at 6:00 p.m., may be addressed immediately following this meeting. 5:00 p.m. Reception Ogden Eccles Conference Center 2415 Washington Boulevard, Ogden, Utah The Council will be attending a reception for Intermountain Healthcare at the Ogden Eccles Conference Center. The regularly scheduled Redevelopment Agency meeting for December 13, 2016 has been cancelled. 6:00 p.m. City Council Meeting Council Chambers 1. Roll Call. 2. Pledge of Allegiance. 3. Moment of Silence. 4. Recognition: a. Suicide and Bullying Awareness. Consideration of Joint Resolution 2016-14 raising public awareness of suicide and bullying. (Approve joint resolution – voice vote) 5. Request to be on the Agenda: a. Utah State Legislator Updates. Legislators from northern Utah have been invited to address the Council regarding goals and objectives for the upcoming 2017 General Legislative Session. December 13, 2016 Page 2 of 2 6. Reports from the Planning Commission: a. Vacation Rentals: i. Presentation. ii. Accept public input. iii. Consideration of proposed Ordinance 2016-63 with Option 1 OR Option 2: 1. Option 1: Allow short-term residential vacation rentals in multi-family zones as either owner- occupied rentals or non-owner occupied rentals if all permits and requirements are met and in limited cases in single-family zones where a unit reduction incentive is used. OR 2. Option 2: Allow short-term residential vacation rentals in multi-family zones as owner-occupied or non-owner occupied rentals if all permits and requirements are met and allow short-term residential vacation rentals in single-family zones if they are owner-occupied rentals. iv. Proposed Ordinance 2016-63 regarding short-term residential vacation rentals. (Adopt/not adopt ordinance with option 1; or adopt/not ordinance with option 2 – roll call vote) 7. Public Comments. This is an opportunity to address the Council regarding concerns or ideas on any topic. To be considerate of everyone at this meeting, public comments will be limited to three minutes per person. Participants are to state their name and address for the record. Comments which cannot be made within these limits should be submitted in writing to the City Council Office (citycouncil@ogdencity.com). The Council encourages civil discourse for everyone who participates in our meetings. Comments pertaining to an agenda item that includes a public hearing or public input should be given during the meeting as that item is discussed. 8. Comments: a. Mayor. b. Council Members. 9. Adjournment. Continuation of Work Session if Necessary Public meetings may be held electronically in accordance with Utah Code Annotated 52-4-207 to allow Council members to participate via teleconference. The anchor location for the meeting shall be on the 3 rd Floor of the Ogden Municipal Building, 2549 Washington Blvd., Ogden Utah. In compliance with the Americans with Disabilities Act, persons needing auxiliary communicative aids and services for this meeting should contact the Management Services Department at 629-8701 (TDD # 629-8949) or by email: ADACompliance@ci.ogden.ut.us at least 48 hours in advance of the meeting. CERTIFICATE OF POSTING The undersigned, duly appointed City Recorder, does hereby certify that the above notice and/or agenda was posted in accordance with Utah State Code Annotated 52-4-202(3) on this 9th day of December, 2016 in the following places: the 2nd floor foyer in the Ogden Municipal Building; the Utah State Public Notice website, the Ogden City website, and provided to the Standard-Examiner. TRACY HANSEN, MMC OGDEN CITY RECORDER Visit the City Council Meetings page at: councilmeetings.ogdencity.com Ogden City Council Agenda Information Line – 801-629-8159  JOINT RESOLUTION RAISING PUBLIC AWARENESS OF SUICIDE AND BULLYING Adopt Joint Resolution Suicide and bullying are two significant and growing problems facing our community, state, and nation. This joint resolution raises awareness of suicide and bullying and recognizes the efforts of local organizations that are working to address these important issues. Weber-Morgan Health Department PIO Lori Buttars, Ogden School District Administrator Tim Peters, Ogden Police Department Community Outreach Coordinator Diana Lopez, and Equality Utah Executive Director Troy Williams will be in attendance to accept a copy of the joint resolution and provide more details on the efforts their organizations are undergoing to address suicide and bullying. Council Staff Contact: Brittany Griffin, (801)629-8103 Ogden City Council Meeting: December 13, 2016 Page 1 of 1 Packet Page 3 of 109  #2016-14 RAISING PUBLIC AWARENESS OF SUICIDE AND BULLYING WHEREAS, Suicide and bullying are two significant and growing problems facing our community, state, and nation. The U.S. suicide rate has surged to a 30-year high, and suicide is the seventh leading cause of death for Utahns. Utah ranks fifth in the nation for youth suicide, and suicide is the leading cause of death for adolescents in Weber County. The suicide rate in the Weber- Morgan Health District is more than double the national average and 22% higher than the state, with the highest concentration in Downtown Ogden; and WHEREAS, One in three adolescents report being bullied each school year, and youth who bully others are more likely to engage in other violent and risky behaviors, including crime, alcohol and drug abuse, and dropping out of school. While bullying is most commonly associated with youth, it does not come to a standstill after graduation. One in three American adults experience workplace bullying. The Internet has created a new venue for bullying. Nearly 75% of American adults have witnessed cyberbullying, and half of adults and youth have been bullied online; and WHEREAS, Victims and perpetrators of bullying are at a higher risk for suicide than their peers; although, suicide-related behavior is rarely the result of a single source of stress. Other issues that may contribute to suicide risk include depression, environmental factors, problems at home, and trauma. The risk of suicide increases when an individual is not supported by family and peers; and WHEREAS, Local organizations are taking steps to address bullying and suicide. The Weber-Morgan Health Department’s Community Health Improvement Plan outlines ways our community can come together to address suicide. By promoting public awareness, creating a suicide- safe community, and providing education and training in suicide prevention, the health department and its partners, American Foundation for Suicide Prevention, Northern Alliance on Mental Illness, Northern Utah HOPE, Weber Human Services, and the Utah Army National Guard, have pledged to pool their resources with a shared goal of preventing suicides. Likewise, Equality Utah and Mama Dragons raise awareness of the impact of bullying on LGBTQ youth, who are four times more likely to commit suicide than their straight peers, and promote family acceptance and school policies that address suicide and bullying; and WHEREAS, The Ogden School District has partnered with HOPE4UTAH to provide students with resources and training for suicide and bullying prevention and intervention. The district also hosts town hall meetings to provide training for the community. All 14 elementary schools in the district teach an evidence-based bully prevention curriculum. The Ogden Police Department is working in conjunction with law enforcement agencies throughout Weber County to provide the “Be A Friend Program,” which allows students to anonymously report threats, bullying, suicide concerns, weapons, vandalism, and abuse or harm through text messaging; and WHEREAS, Community awareness and action are critical in addressing suicide and bullying. Recognizing the needs of others, speaking out against bullying, being conscious of our own words and actions, and seeking help if you are in need can make all the difference. NOW, THEREFORE BE IT RESOLVED that the Ogden City Council and Mayor Michael P. Caldwell hereby adopt this joint resolution to raise public awareness of suicide and bullying. We acknowledge and are grateful for the incredible efforts of all community groups that are addressing these issues, and we encourage residents to provide and seek help in the face of bullying and suicide. We are committed to continue to build a community that is safe and welcoming to all. PASSED AND ADOPTED this 13th day of December 2016. _________________________________ _________________________________ Marcia L. White, Council Chair Michael P. Caldwell, Mayor ATTEST: _________________________________ PacketTracy Page 4Hansen, of 109 City Recorder  SHORT-TERM RESIDENTIAL VACATION RENTALS At the meeting, the Council may: - Approve Option 1 (with or without minor amendments) - Approve Option 2 (with or without minor amendments) - Deny the proposal - Table the proposal for further study Approval of an ordinance (6-2) The Planning Department has been researching the issue of short-term residential vacation rentals which is the renting of a house, apartment, or room for a period of less than thirty days to a person or group of people traveling or vacationing whose residence is at another location. In March of 2015, an ordinance was developed and presented to the Planning Commission for its consideration and recommendation. The ordinance provided regulations for vacation rentals with regard to spacing, occupancy, off-street parking, maintenance, garbage collection, appearance, signage, management, and other specifics related to a residential unit’s use as a vacation rental. The City Council reviewed the Planning Commission’s recommendation through a series of work sessions between May of 2015 and October of 2016. As a result of the discussions and further research, changes to the original proposal were made. These changes have resulted in two options being developed from which the Council can make a final decision. The two options include a first option that is similar to the Planning Commission’s recommendation, and a second option that differs more significantly from the Commission’s recommendation. The first option the Council can consider, which has been labeled as Option 1, would, in summary, allow owner-occupied and non-owner occupied rentals in multi-family zones and in single-family zones if a unit reduction incentive is used. In this option, the spacing limitation of one rental per linear block would apply only to non-owner occupied rentals. The Planning Commission’s recommendation would have allowed rentals in multi-family and single-family zones in a similar manner to Ogden City Council Meeting: December 13, 2016 1 Packet Page 5 of 109  Option 1 but would limit both owner-occupied and non-owner occupied rentals to one per linear block. The second option, labeled as Option 2, would, in summary, allow owner-occupied and non-owner occupied rentals in multi-family zones and would allow only owner-occupied rentals in single-family zones. The linear block restriction would still apply to non-owner occupied rentals in multi-family zones but would not apply to owner-occupied rentals in either multi-family or single-family zones. Most of the other regulations for items like management, advertising, compliance with building codes, penalties, parking, and occupancy are the same in both options and vary only slightly if at all from the initial Planning Commission recommendation. The leasing of a residential unit for a period of time less than 30 days is considered a short-term or residential vacation rental. Federal and state regulations prevent the City from prohibiting or substantially regulating the rental of a residential unit for the purpose of a primary residence for a period longer than 30 days. If a unit is leased for a month or longer, it is considered a long-term rental and is protected by federal and state housing laws. If a unit is rented for fewer than 30 days, it does not fall under those same restrictions and may be regulated or prohibited. Residential vacation rentals have been around in many resort towns and other tourist destinations for quite some time. More recently, the use has increased in popularity in more traditionally residential areas. Many times and in many cities, these operations are not legally permitted but are done regardless. This often creates significant code enforcement and zoning issues in cities where residential vacation rentals operate but are not allowed. This situation exists in Ogden and was the impetus for the development of a residential vacation rentals ordinance. In response to the growing demand and popularity of residential vacation rentals, the Planning Department has performed considerable research on the topic to determine if short-term residential vacation rentals could be a viable, legal use in Ogden. The City’s planners researched ways in which other communities have handled the issue and reviewed ordinances from these communities to glean the best practices from the communities wherein vacation rental operations are successful. Ogden City Council Meeting: December 13, 2016 2 Packet Page 6 of 109  After a series of work sessions with the Planning Commission to discuss the options for an ordinance, the Planning Department presented a proposal to the Commission on which a recommendation to the Council was given. The Planning Commission’s recommended ordinance proposed to allow short-term residential vacation rentals primarily in multi-family zones as either owner-occupied rentals or non-owner occupied rentals. The Commission’s recommended ordinance included a proposal to allow residential vacation rentals in single-family zones as long as the owner participated in a unit reduction incentive. This incentive would allow an owner of a legal non-conforming multi-unit building in a single-family zone to reduce the number of units in the building in exchange for a permit to operate a residential vacation rental and would result in the loss of right for the non-conforming units. The Planning Commission’s recommendation also included regulations for things like off-street parking, occupancy limits, advertising standards, management standards, building code compliance, and other similar regulatory elements. As the City Council began reviewing the Planning Commission’s recommendation, further research was done and further discussion was had regarding the proposal. As a result, changes were proposed to the original recommendation. One of the most significant changes dealt with the difference between owner-occupied rentals and non-owner occupied rentals and how each could or should be regulated. In looking at how to regulate owner-occupied rentals versus non-owner occupied rentals, other elements of the proposed ordinance were amended from the initial Planning Commission recommendation. This included regulating spacing for non-owner occupied rentals and not for owner- occupied rentals as well as specifying how occupancy would be calculated differently between the two types of rentals. As the Council discussed the many issues related to residential vacation rentals, the issue of where in the City to allow residential vacation rentals was heavily deliberated. The Planning Commission’s recommendation allowed residential vacation rentals primarily in multi- family zones and only allowed rentals in single-family zones in limited circumstances with the unit reduction incentive and loss of right attached. One of the main reasons cited by the Planning Commission for focusing rentals primarily in multi-family zones was that the types of uses and the number of uses vary and are generally more intensive in Ogden City Council Meeting: December 13, 2016 3 Packet Page 7 of 109  multi-family zones than in single-family zones. Single-family zones typically allow fewer and less intensive uses. Another reason cited as a reason to limit rentals in single-family zones was the City’s long-term focus on the protection, stabilization, and reinvestment into Ogden’s existing single-family zoned neighborhoods. Although the Council understood and recognized the reasons cited by the Planning Commission for limiting residential vacation rentals in single-family zones, some Council members felt that rentals should be allowed in those zones. Further research was done on options for how to allow rentals in single-family zones while still meeting the goals of the City with regard to single-family neighborhoods. In September 2016, an alternative proposal was presented to the Council that would allow vacation rentals in single-family zones if the rentals were owner- occupied. It was felt that allowing owner-occupied rentals in single- family zones would still allow the use to exist in those neighborhoods but with the owner being either on-site or having the home as the owner’s primary residence the owner would be more willing and able to address any negative effect the rental might have on the neighborhood. The discussions over the seven City Council work sessions led to several significant changes to the proposal. There were changes made to the Planning Commission’s recommended ordinance and, as a result of the alternative proposal presented in September, a second proposal was developed for consideration. Many of the changes that came out of the discussions about the differences between owner-occupied and non- owner occupied rentals became common to both the amended Planning Commission recommendation (Option 1) and the alternative proposal (Option 2). The most significant difference between the modified original proposal and the alternative proposal is the allowance of residential vacation rentals in single-family zones. Option 1, the modified Planning Commission proposal, would allow rentals in single- family zones in limited cases where the unit reduction incentive is used while Option 2, the alternative proposal, would allow only owner- occupied rentals in single-family zones and would not include the unit reduction incentive. Ogden City Council Meeting: December 13, 2016 4 Packet Page 8 of 109  May 5, 2015 A work session was held on May 5, 2015 to review the proposal from the Planning Commission. Considerable discussion was had among the Council regarding the proposal. As a result of the discussion, several items were identified that the Council felt should be researched further. The Planning Staff performed the research and drafted a memo (dated May 27, 2015) that addressed the issues identified. The issues identified in the memo include a comparison of other communities similar in size or character, updated language clarifying how violations will be determined, proposals for inclusion of vacation rentals in single- family residential zones, and a discussion of how vacation rentals could impact the Quality Neighborhoods strategy. June 9, 2015 At a work session on June 9, 2015, the Council reviewed the information it had requested at the May 5, 2016 work session. The Council reviewed the options presented but did not direct that any changes be made to the proposal at the work session. June 23, 2015 A public input work session was held on June 23, 2015. A notice for the work session was sent to all of the known vacation rental properties in the City as well as all properties within 300 feet of each of the known vacation rentals. A total of eleven individuals spoke at the meeting. As this was a public input work session, no direction was given by the Council for any changes to the proposal. Planning Staff and Council Staff worked to gather issues raised at the work session and Planning Staff performed additional research to address the issues raised by the public and the Council. August 18, 2015 A work session was held on August 18, 2015 to allow the Council to discuss the public comment received at the June 23, 2015 public input work session and to provide Staff with any direction desired by the Council regarding changes to the proposed ordinance. Based on public input, Council discussions, and Staff review, Planning and Council Staff identified several issues that needed further discussion or direction. Planning Staff provided a memo (dated August Ogden City Council Meeting: December 13, 2016 5 Packet Page 9 of 109  10, 2015) which provided further background and clarification on the issues. Council Staff also identified several other issues that the staff felt the Council needed to discuss at the August 18, 2015 work session as well. As a result of the Council’s discussion on August 18, 2015, there were several changes the Council felt needed to be made to the proposal. Council members also requested additional research be done on the impact of allowing short-term vacation rentals in single-family residential zones. Based on that request, further work sessions were not scheduled in order to allow Administrative Staff time to research the request. January to April 2016 During the state legislative session between January and March of 2016, the City paused in its review and consideration of the residential vacation rental ordinance due to potential state-wide legislation. The legislature discussed the issue during the session extensively; however, no bill was passed during the 2016 session that regulated residential vacation rentals. As a compromise instead, the issue was to be studied by the Utah League of Cities and Towns and recommendations were to be brought forward after the study. Once the league’s committee began studying the issue in April, Ogden City felt it was appropriate to once again bring the issue forward for consideration. May 3, 2016 The May 3, 2016 work session was held to allow the Council to continue the process of reviewing all of the information that had been presented and to consider the recommendation forwarded by the Planning Commission. Administrative staff presented the Planning Commission’s recommendation and other information and research that had been performed over the preceding months. September 6, 2016 The September 6, 2016 work session was held to review the changes proposed at the August 18, 2015 work session and to have the Council provide direction to staff on how to proceed with the consideration of the proposal. At that work session, an alternative proposal was presented that would allow residential vacation rentals in single-family zones if the rentals were owner-occupied. Because this was a departure Ogden City Council Meeting: December 13, 2016 6 Packet Page 10 of 109  from what had been recommended by the Planning Commission, staff agreed to develop two options for Council consideration at a future Council meeting. October 25, 2016 The October 25, 2016 work session was held to review the changes that resulted from developing the two options agreed to at the September 6, 2016 work session. The development of the second option and the regulatory distinction between owner-occupied and non-owner occupied rentals presented policy issues that Administrative staff and Council staff felt needed to be reviewed by the Council prior to formal consideration. Several minor changes were directed as a result of the October 25, 2016 work session discussion. There are two proposals for consideration. The first is similar to the Planning Commission’s recommendation. This option does contain the changes and updates that are common to both proposals but includes specific language regarding allowing short-term residential vacation rentals in single-family zones if the unit reduction incentive is used. The second option also contains recent changes and updates common to both proposals but includes language expanding the allowance of residential vacation rentals into single-family zones if they are owner- occupied. Some of the more significant elements of the proposed ordinance are summarized below:  The proposed ordinance includes penalties for advertising and operating a residential vacation rental without proper licensing. The proposed penalty is a $500 fine for an initial violation, $500 for an intermediate penalty, and $500 as the maximum penalty.  Definitions for several terms including the terms Agent, Net Living Space, Owner, and Owner-Occupied. [CS Note: this has been added since the September 6, 2016 work session]  Requirement that in order to prove a unit is owner-occupied the owner must show that the unit is taxed by Weber County as the owner’s primary residence and that the owner must provide several other forms of ID that show that dwelling is the owner’s primary residence. [CS Note: this has been added since the September 6, 2016 Ogden City Council Meeting: December 13, 2016 7 Packet Page 11 of 109  work session and further clarified after the October 25, 2016 work session]  Applications for vacation rentals require a floor plan of the unit, parking plan, copy of tax license, a statement clarifying whether the unit is or is not owner-occupied, and contact information.  Renewal of a license includes the most recent transient room tax return, and a list showing details of the rentals over the previous year.  Vacation rentals are required to comply with all building codes and standards for when a unit must be re-inspected. [CS Note: this has been updated since the September 6, 2016 work session]  Only one non-owner occupied residential vacation rental is allowed per linear block. The ordinance would prohibit a non-owner occupied [CS Note: clarified since the September 6, 2016 work session] vacation rental from being located on the same linear block as a residential facility for persons with a disability or a residential facility for elderly persons. A vacation rental may continue to operate if such a facility is permitted after the vacation rental is licensed.  The occupancy limits for non-owner occupied vacation rentals [CS Note: this has been clarified since the September 6, 2016 work session] include two persons per sleeping room plus two additional persons. These limits may be increased if additional off-street parking is available, if the total number of persons does not exceed one person per 200 square feet, and if any basement room with more than two persons occupying it has code compliant door to the exterior.  Owner-occupied vacation rental occupancy is limited to the definition of the Family as set forth in the City’s zoning ordinance [CS Note: this was added after the September 6, 2016 work session and further clarification of this allowance was added after the October 25, 2016 work session].  A minimum of two off-street parking spaces are required for any vacation rental. No widening of the driveway or a side yard parking slab is permitted. For non-owner occupied units with more than four Ogden City Council Meeting: December 13, 2016 8 Packet Page 12 of 109  sleeping rooms, additional off-street parking is required at a rate of ½ parking space per sleeping room in addition to the first two required spaces. For owner-occupied units, ½ parking stall is required for each sleeping room in addition to the two initial spaces required. One-half parking stalls are rounded up to the nearest whole number [CS Note: clarification of owner-occupied rental parking standards when the owner is not present was added after the October 25, 2016 work session].  On-street parking may not be used to satisfy the parking requirement.  Garbage cans and recycling cans must be provided and may not be kept in the front of the unit. Information about collection must be made available to the renters by the owner.  If animals are allowed by the owner, the number is limited to that which would be allowed as a single-family residence and pets must be kept inside unless accompanied by an adult.  Signage is limited to that of a home occupation.  The name and contact information of a person responsible for the vacation rental must be mailed to surrounding property owners within 300 feet, except when the rental is owner-occupied. That individual must be able to be present at the unit within 30 minutes [CS Note: proposed for amendment at the August 18, 2015 Council work session and amended after the September 6, 2016 work session].  Allowance for vacation rentals in single-family zones as clarified with the recommendation given at the September 6, 2016 work session:  Option One – Vacation rentals may not be permitted in a single- family residential zone unless the unit has existed as a legal non- conforming multi-family unit, and that the legal non-conforming status would be lost if converted into a vacation rental.  Option Two – No vacation rental may be permitted in a single- family residential zone unless the unit is owner-occupied. Ogden City Council Meeting: December 13, 2016 9 Packet Page 13 of 109   Any vacation rental advertisement must include the permit number, the number of sleeping rooms available, persons permitted, pet information, the number of off-street parking spaces available.  Noncompliance with the ordinance or violation of noise, maintenance, or other non-permitted uses, or the entrance into a sham transaction shall be reviewed by a hearing officer. If found to be in violation, the following will apply:  Revocation of the permit with all rental and advertising to be terminated within 30 days; and  Prohibition of future rentals for a period of three (3) years.  A sham transaction is a transaction that is meant to violate or which could result in violating or avoiding the city’s zoning ordinances and can include:  The occupancy of a vacation rental for more than 30 consecutive nights by the same renter; or  The occupancy of a vacation rental by a person or group who does not have a primary residence at another location.  Initial filing period ending January 20, 2017 for non-owner occupied rentals with clarification on how a rental is chosen if two rental permits are requested on the same block [CS Note: the filing period and the clarification that it is specific to non-owner occupied rentals was updated since the October 25, 2016 work session]. The proposal was reviewed by the Planning Commission on March 4, 2015. At that meeting, the Commission forwarded a recommendation of approval to the Council with a vote of 6-2. The Commission found that the ordinance amendment is consistent with the General Plan in creating a source of housing types, promoting tourism, and strengthening neighborhoods through appropriate design and improvement. Commissioner Schade voted against the recommendation based on his belief that the use is not appropriate for either the R-2 or R-2EC zones. Ogden City Council Meeting: December 13, 2016 10 Packet Page 14 of 109  Commissioner Southwick voted against the recommendation with the belief that the R-1 zone should be treated like the multi-family zones and felt that the limitation of one vacation rental per block was enough of a regulation and they not be denied the opportunity for the use. The issue was discussed at several Planning Commission meetings. The formal public hearing was held on January 7, 2015 with an additional work session and regular meeting held after that. At the January 7, 2015 meeting, about a dozen residents and interested persons spoke. These comments have been summarized by the Planning Department and the summary has been included in the transmittal information. No citizens were present at the meeting at which the Commission made its recommendation on March 4, 2015. 1. Ordinance Option 1 – Multi-family zone with single-family zone unit reduction incentive option with other minor changes and clarifications (modified PC Recommendation) 2. Ordinance Option 2 – Multi-family zone plus single-family zone if owner-occupied option with minor changes and clarifications (Alternative recommendation from September 6, 2016 work session) 3. Communications Materials a. Copy of Fact Sheet b. Copy of News Advisory c. Copy of notice sent to residents d. Summaries of regulations for Planning Commission recommendation, Option 1, and Option 2 regarding owner- occupied versus non-owner occupied rentals e. Council staff summary of significant changes to the proposed ordinance(s) from the Planning Commission’s initial recommendation 4. Transmittal 5. Planning Commission Report & memos Council Staff Contact: Glenn Symes, AICP (801) 629-8164 Ogden City Council Meeting: December 13, 2016 11 Packet Page 15 of 109  Ordinance Option 1 Packet Page 16 of 109  Ordinance Option 1 Packet Page 17 of 109  Ordinance Option 1 Packet Page 18 of 109  Ordinance Option 1 Packet Page 19 of 109  Ordinance Option 1 Packet Page 20 of 109  Ordinance Option 1 Packet Page 21 of 109  Ordinance Option 1 Packet Page 22 of 109  Ordinance Option 1 Packet Page 23 of 109  Ordinance Option 1 Packet Page 24 of 109  Ordinance Option 1 Packet Page 25 of 109  Ordinance Option 1 Packet Page 26 of 109  Ordinance Option 1 Packet Page 27 of 109  Ordinance Option 1 Packet Page 28 of 109  Ordinance Option 1 Packet Page 29 of 109  Ordinance Option 1 Packet Page 30 of 109  Ordinance Option 1 Packet Page 31 of 109  Ordinance Option 1 Packet Page 32 of 109  Ordinance Option 1 Packet Page 33 of 109  Ordinance Option 1 Packet Page 34 of 109  Ordinance Option 1 Packet Page 35 of 109  Ordinance Option 1 Packet Page 36 of 109  Ordinance Option 1 Packet Page 37 of 109  Ordinance Option 1 Packet Page 38 of 109  Ordinance Option 2 Packet Page 39 of 109  Ordinance Option 2 Packet Page 40 of 109  Ordinance Option 2 Packet Page 41 of 109  Ordinance Option 2 Packet Page 42 of 109  Ordinance Option 2 Packet Page 43 of 109  Ordinance Option 2 Packet Page 44 of 109  Ordinance Option 2 Packet Page 45 of 109  Ordinance Option 2 Packet Page 46 of 109  Ordinance Option 2 Packet Page 47 of 109  Ordinance Option 2 Packet Page 48 of 109  Ordinance Option 2 Packet Page 49 of 109  Ordinance Option 2 Packet Page 50 of 109  Ordinance Option 2 Packet Page 51 of 109  Ordinance Option 2 Packet Page 52 of 109  Ordinance Option 2 Packet Page 53 of 109  Ordinance Option 2 Packet Page 54 of 109  Ordinance Option 2 Packet Page 55 of 109  Ordinance Option 2 Packet Page 56 of 109  Ordinance Option 2 Packet Page 57 of 109  Ordinance Option 2 Packet Page 58 of 109  Ordinance Option 2 Packet Page 59 of 109  Ordinance Option 2 Packet Page 60 of 109  RESIDENTIAL VACATION RENTALS WHAT IS A RESIDENTIAL VACATION RENTAL? A residential vacation rental is the renting of a house, apartment, or room for a period of less than thirty days to a person or group of At the Council Meeting people traveling or vacationing from somewhere else. Residential vacation rentals can be either owner-occupied, meaning the unit is December 13 | 6 p.m. the owner’s primary residence, or they can be non-owner occupied. Municipal Building | Council Chambers 2549 Washington Boulevard | Ogden, UT WHY RESIDENTIAL VACATION RENTALS? Residential vacation rentals have been around for many years; Before the Meeting however, with the advent of online advertising and booking, there Email: citycouncil@ogdencity.com has been a marked increase in demand for residential vacation Call the Council Office: (801) 629-8153 rentals in recent years. Residential vacation rentals cater to large groups and families; people traveling with large or bulky outdoor gear such as bicycles, kayaks, skiing equipment, and other such For More Information items; or individuals wishing to stay in a home rather than a hotel Council Office: (801) 629-8153 when traveling. The purpose of the residential vacation rental Planning Department: (801) 629-8930 ordinance is to strike a balance between desires of those who wish to operate and stay in residential vacation rentals and the council.ogdencity.com neighborhoods in which they are located. PROPOSED CITY ORDINANCE The City Council will consider two options for allowing residential vacation rentals on December 13, 2016 Q: What are the two options and where would residential vacation rentals be permitted? A: The first option would allow owner-occupied and non-owner occupied residential vacation rentals in multi-family zones and would allow residential vacation rentals in single-family zones only if a unit reduction incentive is used. The second option would allow owner-occupied and non-owner occupied residential vacation rentals in multi-family zones and would allow residential vacation rentals in single-family zones if the unit is owner-occupied. Residential vacation rentals are already permitted in commercial zones. Q: Is an approval required to create a residential vacation rental? A: Yes. A license to operate a residential vacation rental must be obtained for both owner-occupied and non-owner occupied vacation rentals. Q: What are the standards for residential vacation rentals? A: Residential vacation rentals must meet a number of standards in order to be properly licensed. Any vacation rental must first undergo a safety inspection and must be in compliance with all required building codes. An application must include an off-street parking plan, a detailed floor plan, state tax licenses, and other related information. Non-owner occupied rentals are limited to one per linear block in multi-family zones; no block restriction is proposed for owner-occupied vacation rentals. The ordinance also provides standards for calculating maximum occupancy and off-street parking requirements, providing notice to surrounding neighbors with owner contact information, Packet signage and advertising, building maintenance and appearance, and sets forth the process for Page 61 of 109 determining code violations and permit revocation.  News Advisory For Immediate Release: December 7, 2016 Office of the Ogden City Council Ogden City Council to consider ordinance allowing residential vacation rentals The Ogden City Council will consider two proposals during the December 13th City Council meeting for allowing residential vacation rentals, or the renting of a residential dwelling for a period of less than 30 days to a person or group whose primary residence is at another location and who provide compensation for the rental. The first option would allow owner-occupied and non-owner occupied residential vacation rentals in multi-family zones and would allow residential vacation rentals in single-family zones only if a unit reduction incentive is used. The second option would allow owner-occupied and non-owner occupied residential vacation rentals in multi- family zones and would allow residential vacation rentals in single-family zones if the unit is owner- occupied. Residential vacation rentals are already permitted in commercial zones. The proposed ordinance under both options addresses permitting and business licensing standards, proximity restrictions for non-owner occupied vacation rentals, occupancy limits, appearance and property maintenance standards, off-street parking requirements, management standards and advertising standards. At the meeting, the Council can adopt either Option 1 or Option 2, deny the proposal or take no action and refer the proposal for further study. “Residential vacation rentals are an excellent way to accommodate Ogden’s growing tourism, but we need to consider the balance between the needs of residents and a new use such as this,” Council Chair Marcia White said. The public is invited to attend the meeting and provide input. Comments can also be shared before the meeting by phone, 801-629-8153, or email, citycouncil@ogdencity.com. Additional Resources:  Fact Sheet and Report: bit.ly/2h4jowi  Ogden City Council Website – council.ogdencity.com For additional information, please contact Glenn Symes, Ogden City Council Policy Analyst, glennsymes@ogdencity.com; 801-629-8164. ### 2549 Washington Packet Page 62 of 109Blvd. | Suite 320 | Ogden, UT 84401 | (801) 629-8153 | council.ogdencity.com  Recorders Office 2549 Washington Blvd. Suite 210 Ogden, Utah 84401 December 1, 2016 www.ogdencity.com NOTICE OF PUBLIC INPUT The Ogden City Council will consider a request to amend the Ogden City code to allow short-term residential vacation rentals, or the renting of a residential dwelling for a period of less than 30 days to a person or group whose primary residence is at another location and who provide compensation for the rental. The City Council will consider two options: Option 1: Allow short-term residential vacation rentals in multi-family zones as either owner- occupied rentals or non-owner occupied rentals if all permits and requirements are met and in limited cases in single-family zones where a unit reduction incentive is used. Option 2: Allow short-term residential vacation rentals in multi-family zones as owner-occupied or non-owner occupied rentals if all permits and requirements are met and allow short-term residential vacation rentals in single-family zones if they are owner-occupied rentals. The proposed ordinance under both options addresses permitting and business licensing standards, proximity restrictions for non-owner occupied vacation rentals, occupancy limits, appearance and property maintenance standards, off-street parking requirements, management standards, and advertising standards. The Planning Commission recommended approval of an ordinance similar to Option 1 that would allow short-term residential vacation rentals in multi-family zones and in single-family zones in limited cases with a unit reduction incentive. At the meeting, the Council can adopt either Option 1 or Option 2, deny the proposal, or take no action and refer the proposal for further study. The City Council will accept public input at the regular City Council meeting to be held Tuesday, December 13, 2016 at 6:00 p.m. in the City Council Chambers, located on the third floor of the Municipal Building at 2549 Washington Boulevard, Ogden, Utah. You are invited to attend this meeting to express your views regarding this proposal. If you are unable to attend the meeting, you are welcome to call the Council Office with comments at 801-629-8153, or address written comments to the Ogden City Council, 2549 Washington Boulevard, Suite 320, Ogden, UT 84401 or send comments via email to citycouncil@ci.ogden.ut.us. If you have questions regarding the proposed ordinance, please contact Planning Staff at 801-629-8930. Sincerely, Tracy Hansen, MMC/CRA Ogden City Recorder Packet Page 63 of 109  Residential Vacation Rentals Comparison - PC Recommendation Owner-occupied v. non-owner occupied Owner-occupied rental Non-owner occupied rental Single-family R-1 Zones Permitted only if unit reduction Same as owner-occupied conversion option is used. Multi-family R-2 thru R-5 Zones Permitted Same as owner-occupied Spacing Limitation Limited to one rental per linear block Same as owner-occupied Occupancy Limited to no more than two people per Same as owner-occupied sleeping room plus two people Increased Occupancy Occupancy limits may be increased if off- Same as owner-occupied street parking is available as required, the total number of occupants does not exceed one person per 200 square feet of living space, and sleeping rooms with more than two people have a code compliant exit door to the exterior. "Family" Definitions Application Definition does not apply Same as owner-occupied Parking Minimum of two legal off-street parking Minimum of two legal off-street parking spaces, plus 1/2 space per sleeping room spaces for up to four sleeping rooms. recognized in the permit rounded up to Additional parking at 1/2 space per nearest whole number. sleeping room rounded up to nearest whole number. Inspections Inspection required with initial Same as owner-occupied application, upon any housing complaint filed, and every two years. Management Contact person's name and number Same as owner-occupied posted inside rental and outside unless contact person is on the same parcel. Mailing to adjacent owners within Not required Same as owner-occupied 300 feet Packet Page 64 of 109  Residential Vacation Rentals Comparison - OPTION ONE Owner-occupied v. non-owner occupied Owner-occupied rental Non-owner occupied rental Single-family R-1 Zones Permitted only if unit reduction Permitted only if unit reduction conversion option is used. conversion option is used. Multi-family R-2 thru R-5 Zones Permitted Permitted Spacing Limitation No linear block spacing limitation. Limited to one non-owner occupied rental per linear block and not permitted if located on the same block as a residential facility for persons with a disability or facility for elderly persons. An existing permit may be renewed if the residential facility is established after initial vacation rental approval. Occupancy Occupancy is limited to a group that is Occupancy is limited to two people per consistent with the "family" definition. sleeping room as established in the If the unit is rented in the owner's initial inspection plus two additional absence, guest occupancy must still people. meet the "family" definition and shall not exceed the occupancy limits established with non-owner occupied rentals. Increased Occupancy No option for increased occupancy. Occupancy limits may be increased if off- street parking is available as required, the total number of occupants does not exceed one person per 200 square feet of living space, and basement sleeping rooms with more than two people have a code compliant exit door to the exterior. "Family" Definitions Application Occupancy is limited to the owner and "Family" definition restrictions do not owner's family plus two additional adults apply. either related or unrelated and their minor children. If the owner is not present, renters are limited to a group that is consistent with the "family" definition. Parking Minimum of two legal off-street parking Minimum of two legal off-street parking spaces, plus 1/2 space per sleeping room spaces for up to four sleeping rooms. recognized in the permit rounded up to Additional parking at 1/2 space per nearest whole number. sleeping room rounded up to nearest whole number. Inspections Inspection required with initial Inspection required with initial application and upon any housing application, upon any housing complaint complaint filed. filed, and every two years. Mailing to adjacent owners within Not required unless the unit is rented in Required annually with business license 300 feet the owner's absence. renewal. Packet Page 65 of 109  Residential Vacation Rentals Comparison - OPTION TWO Owner-occupied v. non-owner occupied Owner occupied rental Non-owner occupied rental Single-family R-1 Zones Permitted Not permitted Multi-family R-2 thru R-5 Zones Permitted Permitted Spacing Limitation No linear block spacing limitation. Limited to one non-owner occupied rental per linear block and not permitted if located on the same block as a residential facility for persons with a disability or facility for elderly persons. An existing permit may be renewed if the residential facility is established after initial vacation rental approval. Occupancy Occupancy is limited to a group that is Occupancy is limited to two people per consistent with the "family" definition. If sleeping room as established in the the unit is rented in the owner's initial inspection plus two additional absence, guest occupancy must still people. meet the "family" definition and shall not exceed the occupancy limits established with non-owner occupied rentals. Increased Occupancy No option for increased occupancy. Occupancy limits may be increased if off- street parking is available as required, the total number of occupants does not exceed one person per 200 square feet of living space, and basement sleeping rooms with more than two people have a code compliant exit door to the exterior. "Family" Definitions Application Occupancy is limited to the owner and "Family" definition restrictions do not owner's family plus two additional adults apply. either related or unrelated and their minor children. If the owner is not present, renters are limited to a group that is consistent with the "family" definition. Parking Minimum of two legal off-street parking Minimum of two legal off-street parking spaces, plus 1/2 space per sleeping room spaces for up to four sleeping rooms. recognized in the permit rounded up to Additional parking at 1/2 space per nearest whole number. sleeping room rounded up to nearest whole number. Inspections Inspection required with initial Inspection required with initial application and upon any housing application, upon any housing complaint complaint filed. filed, and every two years. Mailing to adjacent owners within Not required unless the unit is rented in Required annually with business license 300 feet the owner's absence. renewal. Packet Page 66 of 109  Substantive Changes to the Proposed Residential Vacation Rental Ordinance Item Changed PC Recommendation 1st Change 2nd Change 3rd Change Definitions Added Agent, Net Living Space, Owner, Owner-Occupied Packet Page 67 of 109 Proof of primary residence New section requiring proof that the State issued ID added as proof option rental is a primary residence based on Weber Co. tax plus two other forms of proof Inspection requirements Required upon initial application, Required upon initial application, every other year, and upon a housing every other year for non-owner complaint occupied rentals, and upon a housing complaint Allowance in Single-family Zones Vacation rentals may be permitted in Option 1: Vacation rentals may be single-family zones if the dwelling permitted in single-family zones if has an existing valid non-conforming the dwelling has an existing valid non- certificate or legal conforming conforming certificate or legal certificate for two or more dwellings, conforming certificate for two or the property owner agrees to convert more dwellings, the property owner the building to a single-family agrees to convert the building to a dwelling and relinquish any non- single-family dwelling and relinquish conforming or legal right to more any non-conforming or legal right to than one dwelling, and an acceptable more than one dwelling, and an plan for conversion is submitted and acceptable plan for conversion is all building permits are approved. submitted and all building permits are approved. Option 2: Owner- occupied vacation rentals permitted in single-fmaily zones; no unit reduction option is available. Spacing Limited to one rental per linear block, Non-owner occupied rentals are no permit for rental if residential limited to one per linear block; non- facility for elderly or disabled is on owner occupied rentals may not be the same linear block; rental approved if residential facility for application may be renewed if elderly/disabled is on the same residential facility is located after block; non-owner occupied rental initial application application may be renewed if residential facility is located after initial application. No spacing limit for owner occupied.  Occupancy Limits No more than two people per Non-owner occupancy limits: no No more than two people per The sleeping room identified as sleeping room, plus two people. more than two per sleeping room, sleeping room, plus two people. needing an exit door to the exterior Limits may be increased if required plus two people. Occupancy limits Occupancy limits may be increased as has been clarified as a basement off-street parking is provided, total may be increased as outlined in PC outlined in the PC Recommendation. room. number does not exceed one person Recommendation. Owner-occupancy Owner-occupied rental limits when Packet Page 68 of 109 per 200 square feet of living space, limits: limited to number pursuant to owner is absent: in addition to limits and any sleeping room with more "family" definition unless owner is outlined based on bedrooms and net than two people must have exit door not present. If not present, owner living space, guests are limited to to exterior. shall not be counted as part of the "family" definition. Owner-occupied total. If owner is present, owner and rental limits when owner is present: relatives are counted as one guest occupancy is limited to two unrelated individual. adults, with or without minor children, and limited to calculation based on bedrooms and net living space. Family Definition Not used for occupancy limits "Family" definition included to limit occupancy of owner occupied rentals Contact person notification Name and number of contact person Contact person name and number to to be posted inside and outside of be posted inside the rental and shall rental unless contact person is on the be mailed annually to the physical same parcel or lot as the rental. address within 300 feet of the property. Mailing is not required for owner-occupied rentals where the owner does not rent the dwelling in the owner's absence. Noncompliance with the standards …or repeated instances of the This wording has been removed to porperty being used in a way that is eliminate confusion over the term not in compliance with this section, … "repreated" Packet Page 69 of 109 Packet Page 70 of 109 Packet Page 71 of 109 Packet Page 72 of 109 Packet Page 73 of 109 Packet Page 74 of 109 Packet Page 75 of 109 Packet Page 76 of 109 Packet Page 77 of 109 Packet Page 78 of 109 Packet Page 79 of 109 Packet Page 80 of 109 Packet Page 81 of 109 Packet Page 82 of 109 Packet Page 83 of 109 Packet Page 84 of 109 Packet Page 85 of 109 Packet Page 86 of 109 Packet Page 87 of 109 Packet Page 88 of 109 Packet Page 89 of 109 Packet Page 90 of 109 Packet Page 91 of 109 Packet Page 92 of 109 Packet Page 93 of 109 Packet Page 94 of 109 Packet Page 95 of 109 Packet Page 96 of 109 Packet Page 97 of 109 Packet Page 98 of 109 Packet Page 99 of 109 Packet Page 100 of 109 Packet Page 101 of 109 Packet Page 102 of 109 Packet Page 103 of 109 Packet Page 104 of 109 Packet Page 105 of 109 Packet Page 106 of 109 Packet Page 107 of 109 Packet Page 108 of 109 Packet Page 109 of 109