Lafayette Says Renting Out a Pool Requires Land Use Permit

At its September 9 meeting, the Lafayette City Council received a report confirming renting out a residential pool does require a land use permit.

The item was before the council after multiple residents spoke out about people in the community renting out their pool for parties and other activities using online platforms such as swimply.com and peerspace.com.

City of Lafayette staff provided its research and findings to the city council after residents brought forward concerns over pool rentals at its August 12 meeting. The research concludes that residential amenity rentals like swimming pools, yards, and sports courts, constitute a commercial activity that is not permitted in residential zoning districts unless a Land Use Permit has been submitted and approved through a public hearing process

 

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Lafayette Municipal Code

Land use activities must comply with the zoning district regulations in which the property is located for the community’s health, safety, and general welfare. The rental of amenities is an activity conducted as a means of livelihood or in expectation of profit. Therefore, staff has evaluated this use for conformance with LMC Sections 6-327 Home Occupation and 6-347 Residential Business, under which non-residential activities are permitted in residential zoning districts.

6-327 – Home occupation.

“Home occupation” means an activity conducted by a person at his principal place of residence as a means of livelihood or in expectation of profit, which may involve not more than one nonresident employee employed in the home occupation, and which:

(a) Does not change the residential character of the dwelling;

(b) Is not detrimental to the health, safety or welfare of the occupants of nearby property or of the community generally;

(c) Involves no evidence outside any structure or visible from outside the structure that the activity is being conducted on the premises;

(d) Requires no vehicular or pedestrian traffic or parking in excess of that normally associated with a strictly residential use of the premises;

(e) Is not a use which is an otherwise prohibited use in a residential area.

A home occupation is permitted by right in all single-family residential zoning districts but must meet the definition and criteria described in Section 6-327 (a)-(e). Staff finds that rental of amenities constitutes “an activity conducted by a person at his principal place of residence as a means of livelihood or in expectation of profit.” However, impacts as a result of the use may change the residential character, may be detrimental to the health, safety or welfare of the occupants of nearby property or of the community, may create visibility from outside the structure that the activity is being conducted, and may involve vehicular or pedestrian traffic or parking over that normally associated with a residential use of the premises.

As such, staff finds that the rental of amenities does not meet the criteria for being defined as a “Home Occupation” and is, therefore, not allowed within residential zoning districts.

A residential business is a use requiring the issuance of a land use permit in all single-family residential zoning districts. To approve the permit, the activity must meet the criteria of LMC Section 6-347 (a)-(d), Residential Business, and the City must make the findings to approve a land use permit, as described in LMC Section 6-215. A property owner seeking to rent amenities within a single-family zoning district would first need to obtain a land use permit, and staff would evaluate the proposed use for conformance with LMC Section 6-347, Residential Business, and LMC Section 6-215, Specific findings necessary for a land use permit. Approved land use permits are also subject to conditions of approval, which may impose parameters under which the use may operate. It is doubtful that the findings listed above can be made.

Staff Report – click here

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Aug 9, 2023 – Brentwood Council OK With Being “Party Poopers” in Name of Public Safety:  The Brentwood City Council unanimously agreed to direct staff to work on its municipal code to help prevent back yard rentals (including a pool) and regulate parties in residential zones.