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Council opts for middle path on amenity rentals: some uses to require CUPs, others allowed with limits
Summary
The Des Moines City Council directed staff to pursue a hybrid regulatory approach to amenity rentals — requiring conditional use permits for some higher‑risk uses and a permit-with-limits for others — and asked staff to return with draft rules and fees.
The Des Moines City Council on Sept. 4 directed staff to pursue a hybrid regulatory approach to amenity rentals: require conditional use permits (CUPs) for certain higher‑risk or novel uses while allowing others to operate under a permit-with-limits structure. The council’s decision — reached by majority preference during a study-session discussion — was not a formal ordinance vote but provides clear direction for staff to draft regulations and return with details.
“Amenity rentals” as discussed are privately owned, non-dwelling spaces offered for short-term public use — examples include backyard pools, sports courts, dog-play yards and rooftop decks. City staff told the council amenity rentals are not explicitly regulated under current code and, in some zones, have been interpreted under the broader “recreation facility (commercial)” category that can require a CUP.
Council members and staff reviewed three broad policy options: (1) prohibit amenity rentals, (2) make them subject to conditional use permits across the board, or (3) require CUPs for some types while permitting others with city-set limits. After discussion, council members signaled a preference for Option 3 — a targeted approach that reserves full CUP review for higher‑risk activities (for example, open commercial pools or repeated multi‑event uses) while creating a simpler permit-with-conditions for lower‑risk amenity uses.
Public comment at the meeting included several operators and neighbors of a local family-run pool and other amenity hosts. Annie Panski, who with her husband operates Sissuhoos (a family pool rental and neighborhood amenity), told the council their operation runs with daily water chemistry logs, noise monitoring and neighborhood rules, and asked for a licensing approach that is “fair and feasible” rather than a CUP that would be designed for cemeteries and large commercial facilities.
Other commenters urged caution. Some neighbors said the city should limit high-frequency rented events and insisted pools and other water features require public-health review and safety oversight. Council members also raised questions about policing noise complaints, the feasibility of requiring sound monitors and how state public-health rules would apply to pools used as rental amenities.
Direction to staff and expected next steps - Council direction (Option 3): staff to return with draft code language that (a) identifies categories of amenity rentals that should require CUPs, (b) proposes a permit-with-limits regime for lower-risk amenity rentals, and (c) recommends fee structures and enforcement approaches. - Staff tasks requested by council: compile a comprehensive list of amenity rental types; recommend which uses to route to CUP vs. permit-with-limits (including public-health review for pools); propose a lower-cost CUP fee or alternative review path for modest amenity rentals; draft a sample “good neighbor” or notification template; research noise-monitoring best practices and data-access mechanisms; and identify any zoning restrictions to consider. - Interim policy considerations: council members expressed interest in ensuring full cost recovery for staff review when appropriate, avoiding undue burden for small-scale hosts, and creating public-safety requirements for water- and fire-related amenities.
Staff emphasized that state-level action may be pending on pool-specific regulation (the State Board of Health was reported to be considering model rules for pools), and that any local ordinance would need to remain compatible with state public-health requirements.
This directive moves the issue from initial study to code drafting. Staff said they would return with proposed ordinance language, a recommended fee schedule and draft permit forms for council consideration in coming weeks.
Sources: Des Moines City Council study session, Sept. 4, 2025; staff presentation on amenity rental options; public comments from Annie Panski, Jocelyn Beckich and others.
