Because of their very nature, Adult Entertainment businesses are recognized, particularly when several are concentrated in a given area, to have deleterious effects upon adjacent areas, detract from property values and can have adverse effects on the general welfare. Therefore, not more than two such uses are hereafter permitted within 1,000 ft of each other or a tattoo parlor, as measured between the nearest property lines. Nor may an adult entertainment use be located closer than 750 ft to the nearest boundary of any residential district or the nearest property lines of the following protected uses: child day care center or learning center; church or other place of assembly; businesses in which more than 50% of annual revenue is derived from the sales of goods and/or offering of services, recreation or entertainment to minors; or any public or private school offering pre-kindergarten through high school education programs. The expansion of a residential district or location of a protected use in conflict with these separation requirements will not cause an existing, permitted adult entertainment use to become nonconforming.

(Ord. No. 2224A-20, 3-17-20)

Because of their very nature, Alternative Financial Services, including but not limited to collateral loan/exchange, payday loan, title loan/pawn businesses, pawn shops and check cashing establishments, are recognized, particularly when several are concentrated in a given area, to have deleterious effects upon adjacent areas, detract from property values and can have adverse effects on the general welfare. Therefore, not more than two such uses are hereafter permitted within 1,000 ft of each other, as measured between the nearest property lines. Nor may any such use be located closer than 500 ft to the nearest boundary of any residential district, as measured from the nearest property line of the proposed alternative financial service.

(Ord. No. 2224A-20, 3-17-20)

Amateur radio towers may not exceed 65 ft in height, may be placed in the established rear yard only and must be set back a distance equal to the height of the tower from all property lines. Additional height may be approved by the Planning Commission through Conditional Use approval, see §11.06 Conditional Uses.

(Ord. No. 2224A-20, 3-17-20)

§7.04.01

Site Design

A.

A group of attached dwellings may not exceed eight dwelling units. Groups must be planned so that units on the same block frontage all have vehicular access from the front of the lots or all have vehicular access from the rear.

B.

When an end unit of an attached dwelling does not front on a street, an open space at least 20 ft wide must be provided between it and any adjacent dwelling. The open space may be contained within either or both of the lots or a common open space.

C.

Whenever dwellings front on a common open space rather than a street, the required front yard setback may be waived and the open space must be at least 40 ft deep. This space may not include vehicular drives or parking areas.

D.

Swimming pools are not permitted on individual lots unless the lot is of sufficient width to meet all applicable requirements.

§7.04.02

Pedestrian Access

A.

Sidewalks at least five feet wide meeting City specifications must be provided across the applicable street frontage of attached dwelling lots.

B.

An easement appurtenant across lots must be provided where a resident of an attached dwelling must cross an adjoining lot to reach his or her own lot.

§7.04.03

Parking

A.

For front setbacks less than 25 ft, off-street parking must be within a front-loaded garage or within common or individual parking areas accessed at the rear of units by an alley or common drive.

B.

No parking is permitted on a driveway less than 20 ft deep from the back of sidewalk to the front building line.

(Ord. No. 2224A-20, 3-17-20)

Auxiliary Dwelling Units (ADUs) may only be permitted as an accessory use to a permitted single-family detached dwelling in accordance with the following:

§7.05.01

Permit Required. An Accessory Dwelling Unit Permit is required for all ADUs. ADUs may be maintained in perpetuity but only in compliance with these regulations. Any ADU permitted use will automatically expire whenever:

A.

The ADU is altered to the extent it no longer conforms to the plans approved by the City.

B.

Required off-street parking is no longer provided on the premises.

C.

The permittee ceases to own or reside on the premises (applies to R-1 District only).

§7.05.02

Limitation in R-1 District. Because the R-1 District is intended for single-family detached dwellings, an ADU may only be permitted when the owner of the principal dwelling resides on the premises. This ensures that the ADU remains subordinate to the principal dwelling.

§7.05.03

Area and Dimensional Requirements

A.

ADUs are permitted only on lots of at least 10,000 sf, except where the district requires a larger lot. If the principal dwelling is not connected to sanitary sewer service, minimum lot requirements of the health department or similar authority apply to each of the dwellings.

B.

ADUs must be set back from lot lines are required in §3.03.04 Accessory Structures. If detached from the principal dwelling, the ADU must be set back at least ten feet from the principal dwelling.

C.

The habitable floor area of an ADU must be at least 200 sf but mot more than 50% of the gross floor area of the principal dwelling or 1,000 sf, whichever is more restrictive.

D.

Detached ADUs may not be located closer to any front lot line than the principal dwelling.

§7.05.04

Review and Approval

A.

Except where permitted by right in agricultural districts, all ADU structures must be reviewed and approved by the Commission prior to approval of an ADU Permit or any associated building permit.

B.

Submittal requirements:

1)

A scaled site drawing showing all existing structures and proposed structure, if any.

2)

An elevation drawing showing the proposed height of the structure.

3)

A rendering showing exterior materials and colors and/or samples of the same.

4)

A scaled foundation and interior floor plan.

§7.05.05

Additional Requirements

A.

No more than one ADU is permitted on the lot of a single-family detached dwelling, regardless of the lot size.

B.

ADUs may have a separate 911 address for emergency purposes. If a separate mailbox is used for the ADU, it must be co-located with the mailbox for the principal dwelling, in accordance with US Postal Service regulations.

C.

One parking space, in addition to that required for the principal dwelling, must be provided.

D.

ADUs must comply with the City Building Code, be installed on a permanent foundation and must maintain the appearance of the principal dwelling, including colors, materials and architectural style.

E.

ADUs may not have separate entrances from the street. If the lot abuts an alley, access to the ADU may be from the alley regardless of whether the principal dwelling has access from the alley.

F.

An ADU may not be sold separately from the principal dwelling unless there is sufficient lot area to subdivide the property into lots meeting the area and dimensional requirements of the district.

G.

If an existing residential garage is converted to an ADU, off-street parking requirements for the principal dwelling and ADU must be met concurrently with the conversion.

H.

An ADU may not be used as a Short-Term Rental.

(Ord. No. 2224A-20, 3-17-20)

The following standards apply to Bed and Breakfast establishments in residential districts only:

§7.06.01

Bed and Breakfasts are permitted only in detached, single-family dwellings and must be operated by the owner and resident of the dwelling.

§7.06.02

For each and every approved guest room, one parking space must be provided, in addition to the spaces required for the residence. Such additional required parking spaces must be screened from adjacent properties and arranged so that each space has direct access to a driveway. Recreational vehicle parking is prohibited except on lots one acre or larger in size. Where allowed, recreational vehicle parking must be located away from view from public rights-of-way and from neighboring properties to maximum extent practicable.

§7.06.03

Food service is limited to overnight guests of the Bed and Breakfast. No dining facilities may be open to the general public. Guest rooms may not contain cooking equipment.

§7.06.04

One freestanding sign only and no larger than 15 sf is permitted, regardless of whether the Bed and Breakfast is on a corner lot. Signs may not be illuminated in residential districts or the MX-1 District.

(Ord. No. 2224A-20, 3-17-20)

§7.07.01

The owner or lessee must reside within the dwelling used as a boarding house with said structure serving clearly as that person's permanent residence.

§7.07.02

The living quarters of the permanent residents and boarders must be in the principal dwelling and no separate structure on the premises may be used for dwelling purposes.

§7.07.03

No separate exterior doorways for individual boarding rooms are permitted.

§7.07.04

Not more than two parking spaces are permitted forward of the front building line.

(Ord. No. 2224A-20, 3-17-20)

§7.08.01

Intent

A.

To provide flexibility to achieve the most effective development on lands constrained by natural hazards that may limit the amount or type of development.

B.

To promote the creation of accessible green space.

C.

To protect sensitive, environmental land features to promote the public health and safety.

D.

To reduce erosion, sedimentation, land disturbance, and removal of vegetation.

E.

To promote development of walking and bicycling facilities and greenways within new developments that can be connected to adjacent neighborhoods and activity centers.

F.

To reduce perceived density by providing access to and views of open space.

§7.08.02

Applicability. The Conservation Subdivision option is available, upon approval by the Commission, for single-family detached residential development of at least three acres in any residential district. The applicant must comply with all other provisions of this Ordinance and all other applicable regulations, except those incompatible with the provisions herein.

If held in multiple ownership, the site must be developed according to a single plan with common authority and common maintenance responsibility as approved by the City Attorney.

§7.08.03

Density Determination

A.

The maximum number of lots is determined by dividing the total area of the proposed subdivision by the most restrictive of the following: minimum lot size of the applicable district or by regulations as determined by City and/or County Health Department standards for septic tanks, or by other density limitations, such as watershed protection requirements, applicable to the site. In making this calculation, the following may not be included in the total area of the tract:

1)

Designated floodway.

2)

Bodies of open water over 5,000 sf of contiguous area.

B.

The above notwithstanding, the maximum permitted density is nine units per gross acre.

C.

The minimum total area for front, rear and side yards is 2.5 times the ground floor area of the dwelling unit. A minimum 15 ft of space between dwellings must be provided.

§7.08.04

Application Requirements

A.

Site Analysis Map. The applicant must prepare and submit a site analysis map concurrently with the development plan and/or preliminary plat. The purpose of the site analysis map is to ensure that important site features have been identified prior to the creation of the site design, and that the proposed open space will meet the requirements herein. For specific submittal requirements, refer to the Appendix.

B.

Conservation Subdivision Plan. The applicant must prepare a Conservation Subdivision Plan, which yields no more lots than identified under §7.08.03D Density Determination. The Conservation Subdivision Plan must identify open spaces to be protected and include an open space management plan (see §7.08.06), and must be submitted prior to the issuance of a grading permit.

C.

Instrument of Permanent Protection. An instrument of permanent protection, as described in §7.08.07, must be placed on the open space at the time of issuance of a grading permit.

§7.08.05

Other Requirements. The Applicant must adhere to all other requirements of the applicable district and the Subdivision Regulations.

§7.08.06

Open Space Management Plan. For the purposes of this Section, "open space" is defined as the portion of a Conservation Subdivision that has been set aside for permanent protection. Activities within the open space are restricted in perpetuity through the use of a legal instrument approved by the City Attorney.

A.

Standards

1)

The minimum open space must comprise at least 25% of the gross tract area.

2)

The following priority conservation areas must be included within the open space, unless the applicant demonstrates that this would constitute an unusual hardship and be counter to the purposes of the Conservation Subdivision:

a.

The 100-year floodplain.

b.

Riparian zones of at least 75 ft width along all perennial and intermittent streams.

c.

Slopes above 25% of at least 10,000 sf contiguous area.

d.

Wetlands, as defined by the Corps.

e.

Existing trails that connect the site to neighboring areas.

f.

Archaeological sites, cemeteries and burial grounds.

3)

The following are considered Secondary Conservation Areas and should be included within the open space to the maximum extent feasible:

a.

Important historic sites.

b.

Existing healthy, native forests of at least one-acre contiguous area.

c.

Individual existing healthy trees greater than eight inches caliper.

d.

Other significant natural features and scenic viewsheds, particularly those that can be seen from public roads.

4)

Utility rights-of-way and small areas of impervious surface may be included within the protected open space but cannot be counted towards the 25% minimum area requirement (exception: historic structures and existing trails may be counted). Large areas of impervious surface, such as portions of streets, parking and loading areas, are excluded from calculating open space.

5)

At least 25% of the open space must be suitable for passive recreational use.

6)

At least 50% of the open space must be in a contiguous tract, which may be divided by a local street whose area is excluded from the open space. The layout of open space should allow connection to neighboring areas of open space.

7)

The open space must be directly accessible to the largest practicable number of lots and/or buildings within the site. Non-abutting lots must be provided with safe, convenient access to the open space through sidewalks or off-street walkways.

B.

Permitted Uses of Open Space

1)

Conservation of natural, archeological or historical resources.

2)

Meadows, woodlands, wetlands, wildlife corridors, game preserves, or similar conservation-oriented areas.

3)

Passive recreation areas, such as open fields, walking or bicycle trails.

4)

Active recreation areas, provided that they are limited to no more than 20% of the total open space and are not located within priority conservation areas. Active recreation areas may include impervious surfaces. Active recreation areas in excess of this limit must be located outside of the protected open space.

5)

Landscaped stormwater management facilities, community and individual wastewater disposal systems located on soils particularly suited to such uses. Such facilities must be located outside of Primary Conservation Areas.

6)

Easements for drainage, access, and underground utility lines.

7)

Other conservation-oriented uses compatible with the purposes of this Section.

C.

Prohibited Uses of Open Space

1)

Golf courses.

2)

Roads, parking lots and similar impervious surfaces, except as specifically authorized in the previous subsections.

3)

Agricultural and forestry activities not conducted according to accepted best management practices.

4)

Other activities as determined by the applicant and recorded on the legal instrument for permanent protection.

D.

Ownership and Management of Open Space. See §3.07 Common Open Spaces and Facilities.

§7.08.07

Legal Instrument for Protection of Open Space. The open space must be protected in perpetuity by a binding legal instrument recorded with the deed. The instrument for permanent protection must include clear restrictions on use of the open space, including all restrictions contained in this Subsection, and any restrictions the applicant chooses to place on the open space. The instrument must be one of the following:

A.

A permanent conservation easement in favor of either:

1)

a land trust or similar conservation-oriented nonprofit organization with legal authority to accept such easements. The organization must be bona fide and in perpetual existence and the conveyance instruments must contain an appropriate provision for retransfer in the event the organization becomes unable to carry out its functions; or

2)

a governmental entity with an interest in pursuing goals compatible with the purposes of this Subsection, and if the entity accepting the easement is not the City, then a third right of enforcement favoring the City must be included in the easement.

B.

A permanent restrictive covenant for conservation purposes in favor of a governmental entity.

C.

An equivalent legal tool that provides permanent protection, as approved by the City Attorney.

§7.08.08

Tax Assessment of Open Space. Once a legal instrument for permanent protection has been placed upon the open space, the County Tax Assessor may be requested to reassess the open space at a lower value to reflect its more limited use.

(Ord. No. 2224A-20, 3-17-20)

Cottage Developments are permitted only on sites served by public water and sewer and in accordance with the following:

§7.09.01

Number of Units. Cottage Developments include a minimum of four to a maximum of twelve detached single-family dwellings.

§7.09.02

Frontage Conditions. Lots within Cottage Developments are exempt from the requirement for each lot to have street frontage, as follows:

A.

Each lot must front on and have a main entry facing the Common Open Space, except those lots, nearest the fronting street, may front on the street and/or Common Open Space. In no case may the rear of a dwelling unit front on a street.

B.

Where a Cottage Development is to be developed on an existing reverse frontage lot, the rear of cottage lots may face the street of higher classification provided they are separated from the street by one of the following: 1) an alley/driveway and a 20 ft buffer or 2) a 40 ft buffer.

§7.09.03

Area and Dimensional Requirements

A.

Minimum Common Open Space: 250 sf per unit and not less than forty (40) ft in width at any point.

B.

Permitted Total Floor Area per Dwelling.

1)

One-Story units: 800 - 1,000 sf

2)

Two-Story units: 1,200 - 1,400 sf

C.

Maximum Height: two stories

D.

Minimum Building Setbacks

1)

Dwellings must be set back at least 20 ft from an exterior lot line and must observe the front yard setback for the district along any street ROW.

2)

No setback is required between a dwelling and the Common Open Space; however, no building projections may extend into or over the Common Open Space.

E.

Minimum Parking Setback. 40 ft from a street ROW and 20 ft from exterior lot lines.

F.

Alley Setback. Where located along an existing alley, structures and parking must be set back from the alley centerline at least 12 ft. Where a new alley is constructed for the Cottage Development, the minimum setback is 20 ft from the alley centerline and any rear or side lot line of abutting properties. Within this setback a buffer must be provided trees spaced no greater than 30 ft on center and a continuous hedge. Existing natural vegetation may be counted toward this requirement.

§7.09.04

Ownership and Management of Open Space. See §3.07.

§7.09.05

Parking. Parking must be provided as required for single-family detached dwellings. Parking must be accessed by a common driveway or alley of a width necessary to accommodate turning into parking spaces. Parking spaces must be:

A.

clustered together or provided individually at the rear of each home.

B.

separated from the common area by landscaping, wall or architectural screen.

C.

screened from streets and adjacent residential uses by landscaping, wall or architectural screen.

(Ord. No. 2224A-20, 3-17-20)

All home-based businesses located in a residential district or MX-1 District must comply with the following standards, except as modified for the MX-1 District:

§7.10.01

There may be no group instruction, assembly or activity of more than two persons (except up to six persons for a family day care operation). Barbers and hair stylists are permitted home-based businesses but are limited to one chair and one customer at a time and may sell related products to customers only.

§7.10.02

Visitation by any patrons, customers or clients is permitted only during the hours 8AM to 9PM. No sales or other events may be held that are open to the general public or otherwise draw multiple visitors to the business at the same time.

§7.10.03

Any alterations to the dwelling must maintain its exterior appearance, including but not limited to its construction type and materials. Any accessory structure containing any part of the business must also be consistent in exterior appearance with the dwelling.

§7.10.04

Outdoor lighting is limited to that normally associated with residential use. No indoor or outdoor lighting may cause glare beyond the property line.

§7.10.05

Except as allowed in the MX-1 and MX-2 Districts, no signage is permitted in association with the home-based business. This does not alter signage allowances for the dwelling.

§7.10.06

Home-based businesses may not create a disturbance (noise, vibration, glare, fumes, odors, electrical interference, etc.) or blight of any nature, which may reasonably be considered a nuisance. No odors, dust, smoke or similar impacts may be detectable at the property line. Noise level at the property line may not exceed 55 dBA.

§7.10.07

Vehicles providing pick-up or delivery may not exceed two-axle trucks. Pick-up and delivery is limited to the hours 8AM to 9PM.

§7.10.08

All storage or work activities must be fully within the dwelling or an accessory structure (including an ADU, except in R-1 District). No signage, display of merchandise or other articles of any kind may indicate from the exterior that the premises is used for any purpose other than that of a dwelling, unless required by state or federal licensing requirements in which case the sign is limited to one square foot in size. Home occupations may not display any commodity for advertising purposes or for sale upon the premises.

§7.10.09

No person may be employed other than a resident of the premises. This does not include any workers providing maintenance, repair, cleaning and similar services normally associated with the dwelling.

§7.10.10

The business must be clearly incidental and subordinate to the residential use. The business may be within the dwelling, accessory structure or both provided the total area used for the business does not exceed 25% of the floor area of the dwelling.

§7.10.11

Traffic generated by the dwelling and home-based business may not exceed a total of twenty trips per day.

§7.10.12

The following businesses are not permitted as home-based businesses: nail and tanning salons; restaurants; offices of a physician or dentist and medical clinics; mortician; dancing studio; nursery school (other than an approved family day care or group day care home); veterinary hospital, kennel or pet grooming business; nursing care facility; tea rooms; and any retail business (other than by appointment only, on-line or mail order) or similar occupation.

(Ord. No. 2224A-20, 3-17-20)

§7.11.01

No automobile wrecking yard, salvage yard or junkyard may be established closer than 300 ft to an established residential district.

§7.11.02

All outdoor storage of salvage and wrecking operations must be completely contained within a fence or wall of not less than six nor more than ten feet in height. The fence or wall must be designed in accordance with §10.04 Design Standards for Fences.

§7.11.03

The storage of wrecked automobile, junk, or salvaged materials may not exceed the height of the required screen fence or wall.

(Ord. No. 2224A-20, 3-17-20)

In the R-1 and R-2 Districts and on any detached single-family lot, the keeping of chickens and honeybees is permitted subject to the following:

§7.12.01

Chickens or bees may be kept only on the premises of an occupied single-family detached dwelling and only in the rear yard.

§7.12.02

Keeping of Chickens

A.

Not more than six hens are permitted; roosters are prohibited.

B.

Except when under the personal control of the resident, chickens must be confined within a coop or run at all times.

C.

Coops and runs are subject to the setback requirements in §3.03.04 Accessory Structures. No structure for the keeping of chickens may be located within 50 ft of the nearest dwelling.

D.

A coop must be at least 80 sf but not more than 120 sf in area.

E.

The activity and associated structures must be maintained in a condition such that no odors or noises are produced that create a nuisance for adjoining properties.

§7.12.03

Keeping of Honeybees

A.

Not more than four beehives are permitted, except that one additional beehive is permitted for each 2,500 sf of additional lot area above the minimum lot size of the applicable district.

B.

Beehives must be set back no less than 20 ft from the nearest property line.

C.

There must be an adequate, accessible water source on site and located within 50 ft of the beehive(s).

D.

If the landing platform of a hive faces and is within 25 ft of any lot line, there must be a flight path barrier (fence, structure or plantings) not less than six feet in height, located in front of the hive.

(Ord. No. 2224A-20, 3-17-20)

§7.13.01

The use of storage compartments is limited to the storage of personal property. No other use is permitted except a manager's office. However, this does not preclude periodic auctions held on the premises to dispose of items that have been abandoned by virtue of expiration of a lease.

§7.13.02

No storage of volatile, toxic or explosive materials is permitted, either inside the structure(s) or on the premises.

§7.13.03

The Commission may require screening around the perimeter of the site as part of any required Conditional Use or Site Plan approval. Any outdoor storage must be screened as required in §10.02 Screening.

(Ord. No. 2224A-20, 3-17-20)

Mobile food vendors must obtain a business license from the City in addition to any other permits or licenses required by law and must conform to all requirements of the County Health Department. The following requirements apply in addition to those provisions associated with business licensing.

§7.14.01

Motorized vehicles and trailers used as part of the mobile food vendor must be ALDOT-approved for operation on streets.

§7.14.02

Mobile food vendors are allowed on private property, when permitted in the applicable district, and only with the written permission of the property owner. They are allowed in City-owned parking lots with prior approval of the Mayor.

§7.14.03

Mobile food vendors on private property may not take up any required parking space or obstruct access to the property or on-site circulation.

§7.14.04

Mobile food vendors may use a valid on-street parking space, but may not remain in the space for more than two hours. The two-hour time limit does not apply between 5PM—8AM or during special public events approved by the Council. On-street parking spaces within 100 ft of the public entrance of a Standard Restaurant may not be used by a mobile food vendor during the restaurant's hours of operation. This distance is reduced to 50 ft during special public events approved by the Council.

(Ord. No. 2224A-20, 3-17-20)

The following regulations apply to short term rental of dwellings in residential districts only. For purposes of this section, "Short Term Rental (STR)" means the rental of a dwelling unit for less than 30 days per rental period.

§7.15.01

Licensing. The property owner must have a valid Short Term Rental License from the City before a property can be advertised or operated for short term rental. An individual license must be obtained for each STR property.

A.

The property owner must provide with the STR License application the name and telephone number of an emergency contact that will respond within one hour to complaints about the condition or operation of the STR or conduct of renters or their guests. The emergency contact must be able to respond on-site within 12 hours if requested by the City. The emergency contact must answer calls 24 hours a day, seven days a week for the duration of each short-term rental period. Prior to any change to the emergency contact, the owner must submit the revised contact information to the City Clerk.

B.

Insurance. All STR licensees must obtain and maintain vacation rental property insurance that covers the commercial lodging use of the site. Proof of insurance must be provided within 30 days of approval of the STR License. Proof of insurance must be resubmitted each year for renewal of the STR License.

C.

Notice. Each owner must, upon issuance of an STR License, provide written notice to the City Clerk and to all owners or property within a radius of 500 ft of the STR property, which includes the following information:

1)

The names of the owner and emergency contact (if not the owner), including telephone numbers.

2)

The City's Code Enforcement telephone number by which members of the public may report violations.

3)

The maximum number of renters permitted to stay in the unit.

4)

The maximum number of vehicles allowed to be parked at the property.

D.

Taxation. The licensee is responsible for collecting and reporting taxes from any rental arrangement that is not subject to an established collection agreement with the City.

§7.15.02

Standards

A.

The dwelling may only be rented for lodging use. It may not be rented for weddings, parties, concerts or similar events or used for such events during any short-term rental period.

B.

Occupancy. The dwelling may not be rented to more than one guest party simultaneously. Occupancy is limited to the most restrictive of the following:

1)

No more than two persons per bedroom plus two persons.

2)

No more than four persons per parking space.

The number of bedrooms and parking spaces are determined by the Building Official as part of the STR License. The Building Official may inspect the dwelling to verify information submitted with the STR License application.

The owner must, by written agreement with the renter, limit overnight occupancy of the STR to the maximum occupancy approved with the STR license.

C.

No on-premises signage legible from any right-of-way may advertise the STR.

D.

The short term rental must comply with all applicable City regulations including but not limited to building construction, fire safety, noise, and garbage collection and disposal.

E.

There must be adequate off-street parking to accommodate all guest parking needs. No recreational vehicles, buses or trailers may be stored on the street or forward of the front building line.

F.

No food may be prepared or served to rental guests by the licensee.

G.

A copy of the STR license, emergency contact information and house rules that comply with this section must be posted in a conspicuous place in the dwelling.

H.

Upon notification that a renter or a renter's guest has violated any provisions of this Section or any noise, garbage, or other applicable provision of the City Code of Ordinances, the owner or emergency contact must promptly notify the renter of the violation and take such action as is necessary to prevent a recurrence.

§7.15.03

Violations. If, after investigation, the Building Official determines that any provisions of this Section have been violated, the Building Official will notify the owner in writing stating the provisions violated, necessary corrective action, and a compliance due date, as applicable.

A.

Fines. In addition to the other remedies set out in this Subsection, violations will be subject to fines as follows:

1)

Violation warning. The Ordinance Enforcement Officer may, in an exercise of discretion, issue a warning to the person responsible for the violation if that person has not been previously warned or cited for violating a provision of this Section.

2)

First violation. The first time a person is found to have violated one of the provisions of this Section, the person is subject to a fine of $150.

3)

Second and subsequent violations. Any second or subsequent time a person is found to have violated the provisions of this Section, the person will be subject to a fine of $500 for each subsequent violation.

B.

If a violation of building, fire safety or property maintenance regulations has not been corrected by the compliance date, the Ordinance Enforcement Officer or Fire Official may cause the STR License to be temporarily suspended. When the violation has been corrected, the license is re-instated for the remainder of its current approval period. The Building Official may approve an extension of the compliance date if substantial progress toward compliance has been made and provided that the public will not be adversely affected by the extension.

C.

Recurring violations. When noise, occupancy, parking or other violations concerning the conduct of the STR or its renters or their guests are found to have occurred during more than one rental period in the same license year or within any six-month period, the Ordinance Enforcement Officer will request a hearing before the Council. Following a public hearing on the matter, the Council may revoke the STR License for the remainder of its current approval period and suspend the ability of the owner to renew the license for an additional year. No STR License may be renewed unless all outstanding penalties assessed against the licensee are paid in full to the City.

(Ord. No. 2224A-20, 3-17-20)

§7.16.01

Upper-story dwellings in mixed-use buildings must be located on a floor level above a use of another type, unless expressly permitted by district regulations. Emergency egress and fire separation must comply with City Building and Fire Codes.

§7.16.02

Live-Work. Single-family dwellings in mixed-use buildings are normally intended for the occupancy of the proprietor of the associated use within the building. In such cases, the dwelling unit may be accessible from within the associated use. If the dwelling is to be occupied by other than the proprietor of the associated use, the dwelling must have an entrance separate from the associated use.

§7.16.03

Multifamily Dwellings in a Mixed-Use Building

A.

No nonresidential use may be located on the same floor in the same building with any dwelling units.

B.

Dwelling units must be accessible from a shared exterior entrance or one interior entrance commonly shared between the uses housed in the upper floors of the building.

C.

Dwelling units may not be accessible directly from another unit or use within the building.

(Ord. No. 2224A-20, 3-17-20)