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1 Ogden City Council Work Session: May 9, 2017 PROPOSED AMENDMENTS TO THE RESIDENTIAL VACATION RENTAL ORDINANCE Purpose of Work Session: To review the proposed zone text amendments Planning CommissionRecommendation Approval the amendments (5-0) Executive Summary Ogden City recently adopted an ordinance providing standards for the operation and rental of residential vacation rentals. Due to recent state legislation and difficulties experienced by vacation rental applicants with regard to window opening requirements, several amendments are being proposed to the City’s residential vacation rental ordinance. The changes proposed are specific to online advertising and window opening size requirements. The proposal would amend the ordinance language and would prohibit the City from citing a vacation rental owner for a violation solely based on online advertising. In addition, the amendments introduce language allowing the required bedroom window size for above ground bedrooms to be based on era of construction and not on the current building code alone. Background In December 2016, Ogden City adopted substantial regulations for the operation and rental of residential vacation rentals. A residential vacation rental is the renting of a residential unit or a portion therein for a period of less than thirty (30) days to an individual or group whose primary residence is somewhere else. The ordinance adopted in 2016 allowed owner-occupied and non-owner occupied rentals in multi-family zones and allowed only owner-occupied rentals in single-family zones. The adopted regulations provided standards for a number of areas including maximum occupancy standards, off-street parking requirements, noticing requirements, signage and advertising, building maintenance and appearance, and other similar elements. The ordinance also included enforcement regulations the City could use for those in violation of the adopted regulations. Online Advertising In the 2017 Utah State legislative session, HB253 was passed. That bill restricted a City’s ability to cite a vacation rental owner who is believed ---PAGE BREAK--- 2 Ogden City Council Work Session: May 9, 2017 to be operating a residential vacation rental without proper licensing solely on that property owner’s online advertising of that rental. In the current ordinance, any advertising of a residential vacation rental without proper licensing is a violation and the City may use that online advertisement to cite a vacation rental owner as being in violation. Under the state law as passed in 2017, the City can no longer use the online advertisement alone to cite the vacation rental owner as being in violation of the ordinance. Window Sizes In the ordinance adopted in 2016, there was a provision stating that windows in sleeping rooms in a residential vacation rental must comply with the current building code with regard to egress in all locations of the house. This meant that regardless of when the house was built, the size of any window in a room used as a sleeping room must comply with current egress standards. The purpose for this was to ensure guest safety. Several individuals have since applied for business licenses for the operation of residential vacation rentals and all have run into problems meeting this requirement. Because building codes were different in the past and have changed over time, homes built prior to certain building code changes do not meet the current standards even though they met the standard at the time. In order for an older home to meet this requirement, often substantial changes must be made to the windows in the home. This not only creates a significant financial commitment but also creates issues if the home is an historic home. Period correct windows are an important consideration when determining if the home qualifies as either an historic resource or if the home is a contributing structure in an historic district. Current Proposal The current proposal is to make several changes to section 15-13-38 of the City’s zoning ordinance. The first change is to add language indicating that a person may not be fined, charged, prosecuted, denied a business license, or otherwise punished solely for advertising the vacation rental online. This change brings Ogden’s ordinance into compliance with the recently amended state code. The second proposed change to the ordinance is specific to windows in a residential vacation rental. The proposed language makes several important distinctions in its regulation of windows. First, the proposed ordinance retains the original requirement that windows comply with the ---PAGE BREAK--- 3 Ogden City Council Work Session: May 9, 2017 current building code for basement sleeping rooms. Second, the proposed language creates a separation date of January 1, 1972 for determining which building code above ground sleeping room windows must meet regarding egress. In the proposed language, for homes built prior to this date above ground sleeping room windows must be a minimum width of 20 inches with a minimum height of 24 inches and a total glazing, or total glass area, of five square feet. This change creates a requirement for a total glazing area of five square feet instead of the total unobstructed area of five square feet. This allows windows that are at least a total of five square feet to remain in place without the requirement that the entire five square foot be unobstructed for egress purposes. For homes built after January 1, 1972, the current building code would apply and would require the minimum width of 20 inches with a minimum height of 24 inches and a total area of five square feet of unobstructed area for egress purposes. One last change proposed to the ordinance is specific to fire extinguishers and states that the rental’s extinguisher, upon inspection, must have a current tag or must be new within one year with proof of purchase. In addition, the extinguisher must have a rating of 2-A:10BC and the extinguisher be hung in a visible and accessible location with the top of the extinguisher no more than sixty (60) inches above the floor. Planning Commission The Planning Commission reviewed the petition at the April 5, 2017 meeting and made a recommendation of approval with a vote of 5-0. The recommendation was made with the findings that the revisions do not impact life and safety concerns and help to preserve historic character of the buildings and neighborhood. Further, the Commission found that the revisions are consistent with state law. Public Comments No comments were received by the Planning Commission at the April 5, 2017 meeting. ---PAGE BREAK--- 4 Ogden City Council Work Session: May 9, 2017 Questions for Administrative Staff 1. Please discuss how the City plans to enforce the vacation rental ordinance without the use of online advertising. 2. Please discuss the reasons for the initial requirement to have windows meet the current building code and how the proposed amendment would affect safety concerns. 3. Please discuss the difficulties related to changing out windows in order to comply with the current ordinance and building code. Attachments 1. Transmittal 2. Ordinance 3. Planning Commission Report Council Staff Contact: Glenn Symes, AICP (801) 629-8164 ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK--- ---PAGE BREAK---