§ 152.069 TRANSIENT OCCUPANCY OF DWELLING UNITS.
   (A)   The purpose of this section is to protect the character of the city’s residential neighborhoods by prohibiting transient occupancy of dwelling units therein and by implementing the Comprehensive Plan policies relating to housing and transient occupancy. Use of dwellings for transient occupancy purposes has unmitigatable adverse impacts on surrounding residential uses and is therefore prohibited, except as provided for in these zoning regulations. The city finds that transient occupancy of dwelling units has been permitted in the past and that the lawful use of property may continue subject to certain standards contained in these zoning regulations. These regulations include, for transient use of dwellings located within a residential zone, an amortization period of four years and the provision for individualized determinations that lawful investments specifically committed to transient occupancy have been made.
   (B)   Sections 152.150 through 152.158 (non-conforming uses) shall not apply to uses and structures subject to this section.
   (C)   No person shall occupy, use, operate, or manage, nor offer or negotiate to use, lease, or rent a dwelling unit in any residential zone for transient occupancy, except a dwelling lawfully used for transient occupancy purposes on the effective date of this section which meets the requirements of § 152.070 of this subchapter.
   (D)   In the commercial or industrial zones, the rental of a dwelling, or portion thereof, for transient occupancy shall be considered a tourist accommodation and subject to the requirements for tourist accommodations, including compliance with the requirements of § 152.070 of this subchapter.
   (E)   The use of dwellings or residences within any residential zone for transient occupancy purposes shall be deemed terminated upon the effective date of this section unless the provisions of § 152.070 of this subchapter are met. Persons who fail to register and substantiate the non-conforming use of their property, within the period described, shall be precluded from further use of their dwellings for transient occupancy under the provisions of these zoning regulations.
(Ord. 234, passed 12-16-1996)