Short term rentals Zoning Ordinance Amendments (4/4/2017)

Sec. 24-5. Definitions

Dwelling: Any building which is arranged, designed, used, or intended to be used for residential
or short-term rental occupancy by one or more families, not including motels and similar uses intended
for the accommodation of transients. Dwelling types include the following:

(1) Single-family: A building designed as a residence for one family.

(2) Two-family: A building designed as a residence for two (2) families.

(3) Multifamily or apartment: A building designed as a residence for three (3) or more families, not
including townhouses.

(4) Townhouses: A row of three (3) or more dwellings flush against each other at the sides or
attached at the sides by party walls, each unit of which is designed as a residence for one family.

(5) Mobilehome: A vehicular, portable structure built on a chassis and designed to be used without
a permanent foundation as a dwelling when connected to indicated utilities. A vehicle intended
as a temporary dwelling for travel and recreational purposes and having a body width of eight
(8) feet or less is not included.

Short-Term Rental: The transient use of any dwelling or any part of a dwelling for overnight
occupancy.

Transient: A person(s) occupying a dwelling for less than 30 days.

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Sec. 24-91. Special exceptions.

The board of adjustment shall give careful consideration to the warrants and criteria set forth in
this section in judging applications for special exceptions. In granting a special exception, the board may
attach such reasonable conditions and safeguards in addition to those set forth in this section, as it may
deem necessary to implement the purposes of this chapter. Those warrants and criteria identified as
"primary" are conditions which should only be waived by the board in cases where imposition would
impose an unnecessary hardship on the applicant or would not promote the public health, safety, and
welfare of surrounding area. Those warrants and criteria identified as "discretionary" are indicative of the
kind of development desired, but are not binding conditions. There shall be a public hearing on each
application for a special exception as required by law.

(35.5) Short-term rental of dwelling, lake front lot

PRIMARY

a. Property must be a parcel of land within the city limits of the City of Tuscaloosa that abuts the
acquisition line of Lake Tuscaloosa.

b. A dwelling must be located on the site, able to be occupied.

c. No person or entity shall operate a short-term rental property or advertise a residential

property for use as a short-term rental property without the owner of the property first having
obtained a Short Term Rental Property License issued by the City of Tuscaloosa. Any owner of
more than one short-term rental property shall be required to obtain a license for each short-
term rental property.

d. The name and telephone number of a local responsible party shall be conspicuously posted
within the short-term rental property unit. The responsible party shall answer calls twenty-four
(24) hours a day, seven (7) days a week for the duration of each short-term rental period to
address problems or complaints associated with the short-term rental property.

e. Where multifamily or apartment structures are permitted, no more than three percent (3%) of
the total number of dwelling units at the property/within the building are to be used for short-
term rental.

f. No commercial events, such as concerts, weddings, or other large events are permitted.

g. Occupancy is limited to no more than ten (10) adults.

h. No on-site signage shall be permitted promoting or identifying the short-term rental.

i. A short-term rental property shall not be occupied for a period of less than twenty-four (24)
hours.

j. The short-term rental shall comply with all applicable City regulations regarding garbage and
trash, as outlined in Chapter 13, Article IV of the City Code of Tuscaloosa.

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 k. The short-term rental shall adhere to all applicable noise provisions of Chapter 10.8 of the City
Code of Tuscaloosa.

DISCRETIONARY

a. At least one (1) off-street parking space should be provided for every two (2) adults counting
towards the occupancy limit. Parking spaces may be provided on driveways or within a parking
area on the property.

b. The board should determine to its satisfaction that the short-term rental of the dwelling will
not be detrimental to the neighborhood or surrounding properties, taking into account the
physical relationship of the proposed use to the surrounding structures.

(35.6) Short-term rental of dwelling, historic district

PRIMARY

a. Property must be part of a locally designated historic district as defined in Sec. 24-221 and
Chapter 20, Article II, Division 1.

b. A dwelling must be located on the site, able to be occupied.

c. No person or entity shall operate a short-term rental property or advertise a residential

property for use as a short-term rental property without the owner of the property first having
obtained a Short Term Rental Property License issued by the City of Tuscaloosa. Any owner of
more than one short-term rental property shall be required to obtain a license for each short-
term rental property.

d. The name and telephone number of a local responsible party shall be conspicuously posted
within the short-term rental property unit. The responsible party shall answer calls twenty-four
(24) hours a day, seven (7) days a week for the duration of each short-term rental period to
address problems or complaints associated with the short-term rental property.

e. Where multifamily or apartment structures are permitted, no more than three percent (3%) of
the total number of dwelling units at the property/within the building are to be used for short-
term rental.

f. No commercial events, such as concerts, weddings, or other large events are permitted.

g. Occupancy is limited to no more than ten (10) adults.

h. No on-site signage shall be permitted promoting or identifying the short-term rental.

i. A short-term rental property shall not be occupied for a period of less than twenty-four (24)
hours.

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 j. The short-term rental shall comply with all applicable City regulations regarding garbage and
trash, as outlined in Chapter 13, Article IV of the City Code of Tuscaloosa.

k. The short-term rental shall adhere to all applicable noise provisions of Chapter 10.8 of the City
Code of Tuscaloosa.

DISCRETIONARY

a. At least one (1) off-street parking space should be provided for every two (2) adults counting
towards the occupancy limit. Parking spaces may be provided on driveways or within a parking
area on the property.

b. The board should determine to its satisfaction that the short-term rental of the dwelling will
not be detrimental to the neighborhood or surrounding properties, taking into account the
physical relationship of the proposed use to the surrounding structures.

(Ord. No. 1754, 35-71, 10-3-72; Ord. No. 5460, 4, 7, 12-12-96; Ord. No. 5499, 2, 2-6-97; Ord.
No. 5613, 8, 9, 7-24-97; Ord. No. 5691, 2, 11-20-97; Ord. No. 5866, 2, 2-11-99; Ord. No. 6008, 4,
1-6-00; Ord. No. 6079, 1, 8-10-00; Ord. No. 6146, 1, 2-1-01; Ord. No. 6310, 79, 3-7-02; Ord. No.
6765, 3, 6-2-05; Ord. No. 6808, 9-29-05; Ord. No. 7248, 11, 5-13-08; Ord. No. 7285, 4, 7-29-08)

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ARTICLE XXII. TOURIST OVERLAY DISTRICT

Sec. 24-370. Statement of intent.

The intent of the Tourist Overlay (TO) district is to provide a set of use regulations that will allow
short-term rental dwellings within the overlay district and establish minimum standards for their use
while also minimizing incompatibility with surrounding residential areas. These standards provide
additional protection for the substantial investment, both private and public, being made within these
areas while promoting a mix of lodging options that support the Citys tourism base and local economy,
upholding the health, safety, and welfare of the public.

Sec. 24-371. Boundaries.

The following TO districts are being created and shall be as shown on the TO district map, adopted
herein by reference, and become part of the Official Zoning Map of Tuscaloosa as defined in Section 24-
23 of the zoning ordinance.

A. TO Lake District:
1. Being any parcel of land within the city limits of the City of Tuscaloosa that abut the
acquisition line of Lake Tuscaloosa.

B. TO Downtown-Campus District:
1. Generally, its boundaries are described as: south of the centerline of the Black
Warrior River, west of the centerline of McFarland Boulevard East, the northern
right-of-way line of 15th Street, east of the centerline of TY Rogers Jr. Avenue,
thence northward from this point to the centerline of 28th Avenue, north of the
centerline of Stillman Boulevard, east of the centerline of 29th Avenue, thence
northward from this point to the centerline of the Black Warrior River.

Sec. 24-372. Permitted and conditional uses

A. Permitted Uses:
1. Within the TO Downtown-Campus District, short-term rental of dwellings is permitted
by right, subject to the following provisions:

a. No person or entity shall operate a short-term rental property or advertise a

residential property for use as a short-term rental property without the owner
of the property first having obtained a Short Term Rental Property License
issued by the City of Tuscaloosa. Any owner of more than one short-term rental
property shall be required to obtain a license for each short-term rental
property.

b. The name and telephone number of a local responsible party shall be

conspicuously posted within the short-term rental property unit. The
responsible party shall answer calls twenty-four (24) hours a day, seven (7) days
a week for the duration of each short-term rental period to address problems or
complaints associated with the short-term rental property.

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 c. Where multifamily or apartment structures are permitted, no more than
three percent (3%) of the total number of dwelling units at the property/within
the building are to be used for short-term rental. The application for short-term
rental shall be accompanied by a letter from the property manager stating that
the short-term rental of a dwelling unit is allowed.

d. No commercial events, such as concerts, weddings, or other large events are

permitted.

e. Occupancy is limited to no more than ten (10) adults.

f. The short-term rental shall adhere to all parking regulations as outlined in

Article IX of the Zoning Ordinance.

g. The short-term rental shall comply with all applicable sign regulations as
outlined in Article X of the Zoning Ordinance.

h. The short-term rental shall comply with all applicable City regulations
regarding garbage and trash, as outlined in Chapter 13, Article IV of the City
Code of Tuscaloosa.

i. The short-term rental shall adhere to all applicable noise provisions of Chapter
10.8 of the City Code of Tuscaloosa.

j. A short-term rental property shall not be occupied for a period of less than
twenty-four (24) hours.

B. Conditional Uses:
1. Within the TO Lake District, the zoning board of adjustment may, as a special
exception subject to the primary and discretionary warrants for the use as outlined in
Sec. 24-91, approve the short-term rental of a dwelling. The application to the zoning
board of adjustment shall be accompanied by a letter from the Home Owner
Association stating that the short-term rental of a dwelling is allowed.

a. Approvals will be granted for a period of five years unless otherwise specified
by the Zoning Board of Adjustment for a shorter period.

2. Within property part of a locally designated historic district as defined in Sec. 24-221
and Chapter 20, Article II, Division 1 and located within the TO Downtown-Campus
District, the zoning board of adjustment may, as a special exception subject to the
primary and discretionary warrants for the use as outlined in Sec. 24-91, approve the
short term rental of a dwelling subject to the following:

a. Short-term rentals in each locally designated historic district will be limited to

a ten percent (10%) cap of the total number of residentially used properties per
district.

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 b. Approvals will be granted for a period of five years unless otherwise specified
by the Zoning Board of Adjustment for a shorter period.

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