Loading...
HomeMy WebLinkAbout1124 Ord (Short Term Home Rental Ordinance to clarify existing language and to make minor procedural changes) ORDINANCE 1124 CITY OF STILLWATER WASHINGTON COUNTY, MINNESOTA AN ORDINANCE AMENDING AND RENUMBERING SHORT TERM HOME RENTAL REGULATIONS IN THE STILLWATER CITY CODE The City Council of Stillwater does ordain: SECTION 1. Stillwater City Code Section 31-514.1 is hereby repealed. SECTION 2. Stillwater City Code Section 41-8 is hereby enacted as follows: Sec. 41-8. -Short term home rental regulations. Subd. 1. Purpose. The purpose of this Section 41-8 is to allow short term home rentals where appropriate while mitigating impacts upon surrounding properties by implementing balanced regulations to protect the integrity of the city's neighborhoods as well as protect the general public health, safety and welfare. Subd. 2. Definitions. For the purposes of this Section 41-8 the following terms, phrases, words and their derivations shall have the meanings as given here. When consistent with the context, words in the plural include the singular and words in the singular include the plural. 1. Primary Residence, means the dwelling unit within which a person lives for six months plus a day during a calendar year. 2. Primary Resident, means a person living on a property where the property is the person's primary residence. 3. Short Term Home Rental, Type A (hosted short term rental), means a dwelling unit that is offered to transient guests for a period of less than 30 consecutive days, where a primary resident of the property is present while the transient guests are present. 4. Short Term Home Rental, Type B(unhosted short term rental),means a dwelling unit that is offered to transient guests for a period of less than 30 consecutive days,where the property serves as a person's primary residence but a primary resident of the property is not present while the transient guests are present. This Type B also includes Short Term Home Rental of any Accessory Dwelling Units, non-owner occupied Duplexes or"mother-in-law" apartments. 5. Short Term Home Rental, Type C(dedicated short term rental)means a dwelling unit that is offered to transient guests for a period of less than 30 consecutive days,where the property does not serve as a person's primary residence 6. Short Term Home Rental, Type D (Bed& Breakfast) - see the definition of Bed &Breakfast in City Code Section 31-101, Paragraph 16. 1 Subd. 3. License required. No property may be used for Type A, B or C short term home rental unless a license is granted by the city. Type D short term rentals do not require a license but are subject to the provisions of City Code Section 31-504. (1) Term. Licenses shall be valid for three years, unless it is revoked. (2) Renewal. A renewal license must be applied for every three years. The renewal license application may only be submitted after the property has passed a city inspection as required and appropriate fees have been paid. (3) Non-Transferable. Licenses are non-transferable and shall expire upon change of ownership of the property. Subd. 4. License application. Any property owner desiring to undertake short term home rentals must apply to the community development department for a short term home rental license. A license must be approved prior to operating within the city. The license application request must be submitted on the form provided by the city and must include all the information requested on the application form. A criminal background check consistent with Minn. Stat.§299C will be conducted on managers (as defined by Minn. Stat. §299C.67, Sub. 4) as part of the license application review. Subd. S. License fee. The license application form must be accompanied by payment in full of the required license application fee. The license application fee will be determined by the city council in the city fee schedule. Subd. 6. License issuance. The process for review and issuance of a license will vary depending upon the type of short term home rental as follows: (1) Type A - Hosted short term home rentals. Type A short term home rental licenses will be issued administratively if all the terms and conditions of Section 41-8 are met. (2) Type B - Unhosted short term rental. Type B short term home rental licenses will be issued administratively if all the terms and conditions of Section 41-8 are met, however, prior to issuing a Type B license, a neighborhood notification is required, as specified herein: (a) Notices must be mailed by the city to all surrounding property owners according to the following standards: (i) 150 feet of all applicant properties zoned RB, CCR, CR,TH, CTHR, RCL, RCM, RCH, CBD; (ii) 200 feet of all applicant properties zoned RA, LR, CTR, TR; 2 (iii) 500 feet of all applicant properties zoned AP. (b) If there are no objections received by the city within 10 days after mailing the notices, then the license shall be issued. (c) If objections are received, then the license application must be considered by the planning commission as follows. (i) The planning commission must hold a hearing. Notices for the hearing will be mailed 10 days prior to the hearing using the distance requirements in Subd. 5(2)(a). (ii)After considering the license request and comments from the neighbors, the planning commission may either approve a one- year provisional license,with or without conditions, or deny the license request. (d) If the planning commission approves a one-year provisional license and there are no substantiated relevant complaints from neighbors or guests during the provisional year, the license will automatically extend two additional years. (3) Type C - Dedicated short term rental. Type C short term home rental licenses will be issued administratively if all the terms and conditions of Section 41-8 are met and a Conditional Use Permit is granted. The Conditional Use Permit application will be reviewed according to the process established in City Code Sections 31-204 and 31-207. (4) Type D - Bed &Breakfast. Type D short term home rentals are also known as Bed & Breakfasts and, in addition to the requirements herein, are regulated in City Code Section 31-504. Subd. 7. Zoning District. Short term home rentals shall only be allowed in specific zoning districts as identified in City Code Section 31-315 (allowable uses for residential zoning districts) and Section 31-325 (allowable uses for non-residential zoning districts). Subd. 8. Performance standards. Type A, B and C short term home rentals shall be subject to the performance standards identified below. In addition to the relevant sections noted below, Type D short term home rentals shall also be subject to the standards found in City Code Section 31-504. For Type D, if the terms of the section below and Section 31- 504 are in conflict, Section 31-504 shall apply. (1) Parking. 3 (a) In residential zoning districts, all guest parking must be accommodated on improved driveways and improved parking surfaces on the premises. No on-street parking is allowed for guests. At a minimum, parking shall be provided as follows: (i) Units with 1-2 bedrooms or sleeping areas, 1 space. (ii)Units with 3-bedrooms or sleeping areas, 2 spaces. (iii) Units with 4 or more bedrooms or sleeping areas, number of spaces equal to the number of bedrooms or sleeping areas, minus one. (b) In the CBD zoning district, guest parking must either be accommodated on the property of the short term home rental dwelling unit at the same minimum numbers specified above in (1)(a), or a parking mitigation plan must be approved by the Parking Commission. (2) Length of guest stay. The minimum length of stay is one day. The maximum length of stay is 30 days. (3) Number of guests. The maximum number of guests will be limited to two times the number of bedrooms, or sleeping areas, plus one. (4) Guest records. The licensee for Type B and C short term rentals must keep a guest record including the name, address, phone number, and vehicle license plate information for all guests and must provide a report to the city upon 48 hours' notice. (5) Manager Information. For Type B and C short term home rentals, the licensee must provide the name,phone number and address of the owner, operating lessee or managing agent/representative to all property owners within 150 of the property lines. The licensee shall provide any changes to this information to the community development department and to the neighboring properties within 10 days of any such changes. (6) Guest disclosures.The licensee must disclose in writing to their guests the following rules and regulations and must submit a copy of the disclosure to the city with the license application and renewal applications. In addition, the disclosures must be conspicuously displayed in the home. The disclosures must include the following: 4 (a) For Type B and C short term home rentals, the name, phone number and address of the owner, operating lessee or managing agent/representative; (b) The maximum number of guests allowed at the property; (c) The maximum number of vehicles allowed at the property and the approved parking areas; (d) Property rules related to use of outdoor features, such as decks, patios, grills, recreational fires, saunas and other recreational facilities; (e) That City nuisance ordinances will be enforced by the Stillwater Police Department,including reduced noise levels between 10 p.m. and 8 a.m.; (f) That no events are allowed to be hosted by a guest on the premises. (7) Posting of license number.The licensee must post the city license number at the property and on all print, poster or web advertisements. (8) Proximity of assistance. For Type B and Type C short term home rentals, the property owner or a manager/representative must be located within 30 minutes travel time of the property. (9) Garbage.As required by City Code Chapter 30-1, Subd. 5, all garbage must be kept in rubbish containers that are stored out of view of a public street. (10)Signage. For Type A, B or C short term home rental no signage is allowed on the property. Type D is allowed to have signage as regulated in City Code Section 31-504. (11) Events. Events are not allowed to be hosted by guests on the premises. For purposes of this Section 41-8, an event means a gathering on the premises of more than three un-registered guests. Events hosted by the property owner are allowed but must comply with all applicable city ordinances and policies, including the prohibition on renting out private residential property for events. (12) Insurance. The licensee must provide proof of sufficient and suitable property insurance with the license application and must be able to confirm that the coverage remains in place within 24 hours of a request by the city. 5 (13) There shall be no change in the exterior appearance of the home or premises, or other visible evidence of the conduct of a short term home rental, except that additional on-site city code compliant parking may be provided. Subd. 9. Required health and safety inspections. (1) Type A, B and C short term home rentals. Type A, B and C license applications will not be accepted without an approved inspection report signed by the city's fire department and building department. The inspection must have been completed no more than 60 days prior to submission of the license application. The list of health and safety items that will be inspected will be included in license application materials so that the licensee will know in advance what items will be inspected. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city before the license will be issued. (2) Type D short term home rentals. Type D short term home rentals are required to have inspections as regulated by City Code Section 31-504. Subd. 10. Site Plan and Floor Plan for Type A, B and C short term home rentals. (1) The applicant must submit a Site Plan of the property drawn to scale, showing parking and driveways, all structures and outdoor recreational areas that guests will be allowed to use, including, but not limited to, deck/patio, barbeque grill, recreational fire, or sauna. (2) The applicant must submit a floor plan of the residence drawn to scale identifying which rooms are proposed to be used as guest bedrooms or sleeping areas. Subd. 11. Limit on number of licenses. (1) Type A. No more than thirty-five (35) Type A licenses shall be issued at any one time. (2) Type B. No more than thirty-five (35) Type B licenses shall be issued at any one time. (3) Type C. No more than fifteen (15) Type C licenses shall be issued at any one time. Subd. 12. Lodging and Sales taxes. In addition to state sales tax, Types A, B, C and D short term home rentals are required to pay the city lodging tax directly to the city on a quarterly basis. The property owner must provide information on a web-based booking service(s) used for the property. If no sales are made during a quarter, a report must be 6 submitted to the city stating that no sales were made or lodging tax collected during that quarter. Subd. 13. Interchangeability of License Types. A licensee may use the license to operate any short term home rental type equal to or less restrictive than the one for which the license was issued. For example, if an owner is issued a Type C license, the property is permitted to operate as a Type C, B or A. If a Type B license is issued, the property is permitted to operate as a Type B or A. However,a Type D owner may only operate as a Bed & Breakfast. Subd. 14. Enforcement. (1) Injunctive relief. In the event of a violation or threatened violation of this ordinance, the city, in addition to other remedies, is entitled to seek injunctive relief or proceedings to prevent, restrain, correct or abate such violations or threatened violations. (2) Misdemeanor. The penalty for a violation of this ordinance shall be a misdemeanor. (3) Fines. In addition to penalty provisions in (1) and (2) above, the administrative fines for violations of this Section 41-8 shall be as established by the City Council in the annual fee schedule. (4) Suspension or Revocation. Any short term home rental license may be suspended or revoked for one or more of the following reasons: (a) It is the third substantiated and relevant complaint or violation of the ordinance within a 12-month period. (b) The licensee has failed to pay all of the appropriate fees related to the license, or is delinquent on any other city fees; (c) The licensee has made fraudulent statements, misrepresentations, not fully disclosed information or made false statements in the application for or in the course of the licensee's business; (d) The licensee has been convicted of any crime or offense in the previous five years involving or relating to the short term home rental business and the licensee has failed to show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the business; (e) The licensee has acted in an unauthorized manner or beyond the scope of the license granted. 7 In such cases, the license may be forwarded to a hearing officer for consideration of suspension or revocation.The hearing officer procedure is set forth in City Code Section 22-10, Subdivision 4. If the license is suspended, the length of suspension shall be stated in the hearing officer's decision. If a license is revoked, the owner is prohibited from making application for another license for any type of short-term home rental for a period of 6 months. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The ordinance amendment moves the short-term home rental regulations from the Zoning Ordinance to the Licensing section of the City Code. In addition, the amendment simplifies and clarifies the requirements necessary for administrative issuance of these licenses. SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this 21st day of May, 2019. , Ted Kozlowski, Mayor ATTEST: � a zf(2 Beth Wolf, City Clerk_ -% 8 AFFIDAVIT OF PUBLICATION CITY OF STILLWATER ORDINANCE 1124 STATE OF MINNESOTA AN ORDINANCE AMENDING AND RENUMBERING SHORT TERM COUNTY OF WASHINGTON ss HOME RENTAL REGULATIONS IN THE STILLWATER CITY CODE The City Council of the City of Stillwater does ordain: The ordinance amendment moves the short-term home rental regulations from the Zon- Elise Strecker being duly sworn on an oath, ing Ordinance to the Licensing section of the City Code.In addition,the states or affirms that he/she is the Publisher's amendment simplifies and clarifies the requirements necessary for admin- istrative issuance of these licenses. Designated Agent of the newspaper(s)known Approved this 21 st day of May,2019. Do not hesitate to contact the as: City Clerk's Office(651)430-8802 if you have any questions or need further information. Stillwater Gazette Signed:Beth Wolf,City Clerk Published in the Stillwater Gazette with the known office of issue being located May 24,2019 in the county of: 941275 WASHINGTON with additional circulation in the counties of: WASHINGTON and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provided by Minn.Stat.§331A.02. (B)This Public Notice was printed and pub- lished in said newspaper(s) once each week, for 1 successive week(s); the first insertion being on 05/24/2019 and the last insertion being on 05/24/2019. MORTGAGE FORECLOSURE NOTICES Pursuant to Minnesota Stat. §580.033 relating to the publication of mortgage foreclosure notices: The newspaper complies with the conditions described in §580.033, subd. 1, clause (1) or(2). If the newspaper's known office of issue is located in a county adjoining the county where the mortgaged premises or some part of the mortgaged premises described in the notice are located, a substanti portion of the newspaper's ci t. n is ounty. B': Designated Agent Subscribed and sworn to or affirmed before me on 05/24/2019 by Elise Strecker. 00,A9.9, rk pc.,__PkibL, Notary Public .oc. ... AY. asa a a as A$y 1 ""1",,„,DARLENE MARIE MACPHERSON Notary Public Minnesota ''' ;;,el '`'My Commission Expires January 31,2024 - - - — ..- a -NJ w 'RV `UV — 4 Rate Information: (1)Lowest classified rate paid by commercial users for comparable space: $40.00 per column inch Ad ID 941275