§ 68-494. Condo-hotels, hotels and motels, and transient segmented uses (such as time share and fractional interests).

The city recognizes that the condo-hotel is a hybrid form of ownership of the traditional hotel/motel concept. It must be recognized that condo-hotel is considered to be a transient hotel/motel use, and not a residential use. Additionally, segmented uses, such as time share and fractional interests, are often transient in nature and must also be regulated as a transient use rather than a residential use. Exceptions to the general transient character of segmented uses can be found under the definition of "dwelling tourist" in section 68-2. It is the intent of this regulation to ensure that condo-hotels are operated and governed in substantially the same manner as conventional hotels/motels. It is also the intent of this section to regulate all segmented uses not exempted under the definition of "dwelling, tourist" to be operated and governed in substantially the same manner as conventional hotels/motels. Further, this zoning regulation is designed to protect and preserve the density requirements mandated in zoning districts where traditional hotels and motels are allowed, as well as preserving future transient accommodations on the open market, and made available to the general public and tourists. The operation of condo-hotels, hotels and motels, and transient segmented uses is strictly a commercial activity and is inconsistent with residential use. Transient and business related activities have different impacts on governmental facilities and infrastructure (e.g., density, traffic, parking, schools). As such, this regulation is to ensure that the use and operation of condo-hotels, hotels and motels, and segmented uses remain an exclusively commercial enterprise, and not a residential use.

In addition to any existing regulations relating to hotel/motel development found elsewhere in the land development regulations, the following criteria shall apply to all condo-hotels, hotels and motels, and transient segmented uses except where noted:

(1)

All units in a condo-hotel, hotel or motel, or transient segmented use shall be considered transient accommodation units and must be made available as rentals on a continual daily, weekly or monthly basis. If the occupancy of any such unit does not change more frequently than six times or more in any continuous 12-month period, then a rebuttable presumption shall arise that the unit is not being used for transient accommodations.

(2)

Proper licensing will be required of all transient accommodation units through all applicable agencies that license hotels prior to any certificate of occupancy being issued. All licenses must be kept current.

(3)

A reservation system shall be required as an integral part of the transient accommodation facility for the rental of units.

(4)

There shall be a lobby/front desk area that is internally oriented and must be operated as a typical hotel/motel lobby/front desk area would be operated.

(5)

All units shall be subject to all applicable tourist tax collections, when rented.

(6)

Transient accommodation units shall not be used for homesteading purposes or home occupational licensing.

(7)

Notwithstanding subsection (12), one unit may be used on a full-time basis by a resident manager(s), and, if applicable, subject to the governance of the condominium or transient segmented use association.

(8)

All transient accommodation units, except the resident manager unit, must be included in the inventory of units that are available for rent.

(9)

A condo-hotel or transient segmented use may be allowed in any district where a hotel or motel is allowed.

(10)

Annual occupational licenses for each business operating a condo-hotel unit or transient segmented use shall be required for each such unit from the city, and for each business operating a hotel/motel facility, whichever is applicable.

(11)

All transient accommodation facilities must have sufficient signage viewable by the general public designating the use as a hotel, motel, or transient accommodation.

(12)

Owner-occupation. Units in a condo-hotel, hotel or motel or segmented use facility, may not be occupied by their owner(s) for more than a total of 90 days in any consecutive 12-month period.

(13)

The books and records of the condo-hotel, hotel or motel, or transient segmented use pertaining to the rentals of each unit in the transient accommodation facility shall be open for inspection by authorized representatives of the city, upon reasonable notice, in order to confirm compliance with these regulations as allowed by general law.

(14)

The city may require affidavits of compliance with this section from each condo-hotel unit owner, hotel/motel facility owner, or transient segmented use owner.

(Ord. No. 05-09, § 3, 4-12-05; Ord. No. 06-02, § 1, 2-7-06; Ord. No. 15-03, § 3, 7-7-15 )