Article 3 — Development Criteria

Occupancy of the same timeshare unit by a person shall be limited to a calendar month. In no instance shall a person occupy one or more timeshare units in a timeshare facility for more than three months. Units which do not meet such criteria shall be considered to be residential units and shall be subject to all appropriate zoning restrictions and the City's growth management plan.

Units in a timeshare facility shall not be used as a residence unless:

• (a) The residential use is allowed by the underlying zone designation;

• (b) The residential use was specifically allowed by the conditional use permit or residential planned development permit; and

• (c) The residential use has received all necessary approvals under the City's growth management plan. (§ 1, Ord. 612, eff. August 9, 1983)

Timeshare facilities and conversions to timeshare use are allowed only in commercial (C-1 and C-R) Zones with a conditional use permit and the Institutional-Recreational (I-R-3) Zone with a conditional use permit. The conversion of existing facilities to timeshare facilities would also be appropriate only in commercial (C-I) and Institutional-Recreational (I-R-3) Zones. The conversion of timeshare units to residential condominium uses shall be prohibited.

(§ 1, Ord. 612, eff. October 13, 1983, as amended by § 1, Ord. 682, eff. August 9, 1991, and § 159, Ord. 941, eff. November 10, 2023

The following shall constitute the minimum development standards for timeshare facilities and the conversions of existing facilities to timeshare use. Additional requirements may be attached to a conditional use permit or residential planned development permit by the Planning/Architectural Commission if found to be necessary to assure that the development meets the intent of this chapter:

• (a) Setback, height, and lot coverage. The minimum required setbacks and minimum height and lot coverage shall be those as established in the underlying zone designation. Additional setbacks and height and lot coverage restrictions may be required by the Planning/Architectural Commission to ensure that the facility is adequately buffered from surrounding uses.

• (b) Parking. The minimum parking requirements for timeshare facilities shall be those as required by law for hotel/motel uses, plus requirements for ancillary uses (for example, restaurants and shops). Other uses which are included in the facility, but which are not ancillary uses, shall meet all requirements of this Code. Additional parking may be required by the Planning/Architectural Commission if the design of the facility and units indicates that additional parking is necessary.

• (c) Signs. The sign requirements shall be those as established by Article 16 of Chapter 2 of Title 10 of this Code.

• (d) Management. The management of a timeshare facility shall be in accordance with the requirements established by the State Department of Real Estate for timeshare uses. An on-site manager shall be required.

• (e) Required facilities. The Planning/Architectural Commission may require the provision of facilities, amenities, or design features usually associated with hotels/motels (for example, lobbies, check-in areas, registration desks, service closets, laundry facilities, and the like) to ensure that the timeshare facility will adequately function as a hotel/motel.

• (§ 1, Ord. 612, eff. October 13, 1983)

The following standards shall apply to conversions of existing facilities to timeshare uses:

• (a) The conversion of any type of existing unit or facility to timeshare use shall be subject to the approval of a conditional use permit. Conversions shall be evaluated in terms of the physical suitability of the units or facilities for timeshare use. Items to be considered shall include the general maintenance and upkeep of the structures; general physical condition of the facility; age of the structures; suitability of the units for the type of occupancy proposed; availability of kitchen facilities; the age, condition, and general repair of any recreational facility; and conformance with appropriate building, safety, or fire standards. The Planning/Architectural Commission may require the upgrading of the facility to mitigate any identified deficiencies. Conversions shall also be evaluated to ensure that the conversion does not create or add to the shortage of the particular type of unit proposed to be converted in the City as a whole or in any particular area of the City.

• (b) All facilities converted to timeshare use shall meet all applicable City requirements, including building, safety, and fire standards.

• (c) The conversion of apartments to timeshare use shall be subject to the same relocation benefits as are or may be established for the conversion of apartments to condominiums.

• (d) Conversions which would significantly reduce affordable housing opportunities or reduce the number of conventional overnight accommodations for visitors shall not be allowed. The effect of the conversion on the existing affordable housing or conventional overnight accommodations shall be quantified by means of a survey performed by staff. The survey shall include a representative sample of the existing unit supply in terms of location, price, and type of unit.

• (§ 1, Ord. 612, eff. October 13, 1983)

In addition to any information requirements established by other applicable conditions of this Code, the following information shall also be submitted as part of any application to develop or institute a timeshare facility:

• (a) Typical floor plans for each timeshare unit;

• (b) The phasing of the construction of the timeshare use;

• (c) The type of timeshare method to be used (fee simple, leasehold, tenancy-in-common, license, membership, and the like) and how such use may be created;

• (d) The identification of timeshare intervals and the number of intervals per unit;

• (e) Identification of which units are in the timeshare program, the use of the units not included in the program, and the method whereby other units may be added, deleted, or substituted;

• (f) A description of any ancillary uses which are proposed in conjunction with the timeshare facility;

• (g) A description of the availability of the timeshare project, including ancillary uses, to the general public;

• (h) A description of the method of management of the project and indication of a contact person or party responsible for the day-to-day operation of the project;

• (i) A description of the type and operation of any other uses (residential, commercial, or recreational) which are included in the facility;

• (j) The formula, fraction or percentage, of the common expenses and any voting rights assigned to each timeshare unit and, where applicable, to each unit within the project which unit is not subject to the timeshare program;

• (k) A description of the methods to be used to guarantee the future adequacy, stability, and continuity of a satisfactory level of management and maintenance;

• (l) Any restrictions on the use, occupancy, alteration, or alienation of timeshare units;

• (m) Copies of all enabling documentation, including articles of incorporation, bylaws, declarations of covenants, conditions, and restrictions, and membership or license agreements;

• (n) Copies of all State Department of Real Estate applications and permits, including any public report issued;

• (o) A description of the method to be used in collecting and transmitting the transient occupancy tax to the City;

• (p) Any other information or documentation the applicant, City staff, or Commission deems reasonably necessary to the consideration of the project, including any required environmental documents; and

• (q) Applications for the conversion of any portion of an existing facility to a timeshare facility shall include the following information, as well as the other information required by this section:

  • (1) A property report describing in detail the condition and useful life of the roof, foundations, and mechanical, electrical, plumbing, and structural elements of all existing buildings and structures. Such report shall be prepared by a registered civil or structural engineer, a licensed architect, or licensed general engineering contractor,

• (2) A descriptive report containing acoustical test data which indicate the noise attenuation characteristics of the existing party walls and ceilings. The data for such report shall include a sampling of at least 10% of the dwelling units involved, but in no case fewer than two dwelling units, and shall be compiled by a person experienced in the field of acoustical testing and engineering,

  • (3) If the conversion is of an apartment or condominium facility, a certified list of the names and addresses of all tenants residing in the project proposed to be converted at the time the application is filed,

  • (4) A comprehensive list of all improvements, upgrading, and additional facilities proposed, and

  • (5) A report describing all repairs and replacements needed, if any, to bring all structures into substantial compliance with the Uniform Building Code, Uniform Housing Code, National Electrical Code, Uniform Plumbing Code, Uniform Fire Code, Uniform Mechanical Code, and any other uniform building related Codes as modified and adopted by the City.

The information required by this section shall be reviewed by the Planning Department which will require its revision and resubmittal if found to be inadequate or incomplete. Any information or documentation not available at the time an application for timeshare facilities is first submitted, by agreement between the applicant and the City, may be submitted at a later date. Approval shall be subject to the required documentation being received, and the failure of an applicant to submit such documentation shall be grounds for disapproval.

(§ 1, Ord. 612, eff. October 13, 1983, as amended by § 160, Ord. 941, eff. November 10, 2023)