Ordinance - 20-02 - Amend Chapter 42 - Short Term RentalsCITY OF SPRING PARK
COUNTY OF HENNEPIN
STATE OF MINNESOTA
ORDINANCE NO.2020-02
AN ORDINANCE AMENDING THE ZONING/SHORELAND ORDINANCE OF THE
SPRING PARK CITY CODE (CHAPTER 42) MEMORIALIZING THE PROHIBITION
OF SHORT-TERM RENTALS WITHIN THE CITY OF SPRING PARK
THE CITY COUNCIL OF THE CITY OF SPRING PARK, MINNESOTA ORDAINS AS
FOLLOWS:
Section 1. The City Council of the City of Spring Park hereby amends Chapter 42,
Article II of the Spring Park City Code by adding a new Sec. 42-77 as follows:
Sec. 42-77. — Short-term rentals.
(a) Definitions. In addition to the definitions contained in Article I, Division 2 of this
chapter, the following definitions shall apply to this section.
(1) Operator. A person or enterprise, or its agent, who is the owner of a
dwelling, which is being offered for rent to transients, whether such person's
ownership interest in the property is as the owner, lessor, lessee, sublessee,
mortgagee -in -possession, licensee, or any other interest. Where the operator
performs their functions through a rental agent, the managing agency or the rental
agent has the same duties as the operator hereunder.
(2) Rent. Compensation, in money or other consideration, given in exchange
for the occupancy, use, or possession of real property which is charged, whether
or not received.
(3) Short-term rental. Any temporary occupancy or use of a dwelling or
dwelling unit that is offered for rent to a transient for fewer than thirty (30)
consecutive calendar days for various purposes, including but not limited to,
tourist or transient use, or as a vacation home, or bed and breakfast.
(4) Transient. Any person who, at their own expense or at the expense of
another, exercises occupancy or possession, or is entitled to occupancy or
possession, by reason of any rental agreement, whether in writing or otherwise,
concession, permit, right -of -access, option to purchase, license, time-sharing
arrangement, or any other type of agreement for a period of fewer than thirty (30)
consecutive calendar days.
(b) Short-term rentals prohibited.
673031.v2
(1) Purpose. The City finds that short-term rentals constitute a commercial
use of residential property, which conflict with the fundamental character of
residential zoning districts, disrupt the residential character of neighborhoods, and
have a negative impact on the livability of residential neighborhoods. The City
further finds that, while short term rentals are prohibited under the current
provisions contained in the City Code, an ordinance amendment clarifying those
regulations is necessary. The City has received complaints from residents
regarding short-term rentals, including but not limited to complaints related to
noise, over- occupancy, and illegal parking. To ensure adequate housing options
for residents, preserve the residential character of the City's residential districts,
preserve property values, and reduce land use conflicts, the City determines, in
furtherance of the public health, safety and general welfare, that it is necessary to
limit short-term rentals to hotels, motels, lodging establishments, and similar
accommodations which are appropriately licensed, zoned, and which have the
appropriate infrastructure and services for such short-term use.
(2) Prohibition. Short-term rental in any residential zoning district in the City
is prohibited. State licensed hotels, motels, and lodging establishments located in
areas where permitted by the City's land use regulations are allowed, pursuant to
all applicable law and rules.
(3) Enforcement.
a. An owner, operator, tenant, or occupant of any building or
property in violation of the provisions of this section may be charged and
found guilty of a misdemeanor and may be held responsible for the cost of
enforcement in addition to penalties.
b. The City may exercise any and all remedies at law or in equity to
ensure compliance with this section. All unpaid costs, charges and
penalties may be certified as a special assessment levy against the
property.
C. The City hereby further declares the short-term rental of a dwelling
or dwelling unit may constitute a public nuisance pursuant to Chapter 18,
Article IV of the Spring Park City Code and the City may exercise its
authority to abate such nuisances.
d. To address violations of this section, and in addition to any other
remedy available to it at law or in equity, the City may exercise its
enforcement authority pursuant to Chapter 1, Sec. 1-14 of the City Code
and applicable state law.
Section 2. In an effort to minimize the disruption of the adoption of this ordinance, the
City shall not take any enforcement actions related to short-term rentals until December 31,
2020.
673031.v2
Section 3. This ordinance shall take effect following its adoption and publication.
Adopted by the City Council of Spring Park on September 21, 2020.
CITY OF
By,
ATTEST:
By:
heresa Schyma, City Clerk
erome Rockv*, Mayor
673031.v2
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF CARVER
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states or affirms that he/she is the Publisher's
Designated Agent of the newspaper(s) known
as:
Laker Pioneer
with the known office of issue being located
in the county of:
CARVER
with additional circulation in the counties of:
HENNEPIN
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 01/30/2021 and the last
insertion being on 01/30/2021.
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 substantial portion of the newspaper's
circulation is in the latter county.
By:
Designated Agent
Subscribed and sworn to or affirmed before
me on 01/30/2021 by Diane Erickson.
Notary Public
wav��:r�wri�'r-
DARLENE MARIE MACPHERSON
NOTARY PUBLIC - MINNESOTA
My Commission Expires Jan 31, 2024
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Ad ID 1111218
CITY OF SPRING PARK
COUNTY OF HENNEPIN
STATE OF MINNESOTA
ORDINANCE NO.
2020-02
AN ORDINANCE
AMENDING THE ZONING/
SHORELAND ORDINANCE
OF THE SPRING PARK
CITY CODE (CHAPTER
42) MEMORIALIZING THE
PROHIBITION OF SHORT-
TERM RENTALS WITHIN
THE CITY OF SPRING PARK
THE CITY COUNCIL OF THE
CITY OF SPRING PARK, MINNE-
SOTA ORDAINS AS FOLLOWS:
Section 1. The City Council
of the City of Spring Park hereby
amends Chapter 42, Article II of the
Spring Park City Code by adding a
new Sec. 42-77 as follows:
Sec. 42-77. — Short-term rent-
als.
(a) Definitions. In addition to
the definitions contained in Article
I, Division 2 of this chapter, the fol-
lowing definitions shall apply to this
section.
(1) Operator. A person or enter-
prise, or its agent, who is the owner
of a dwelling, which is being of-
fered for rent to transients, whether
such person's ownership interest
in the property is as the owner,
lessor, lessee, sublessee, mortgag-
ee -in -possession, licensee, or any
other interest. Where the operator
performs their functions through a
rental agent, the managing agency
or the rental agent has the same
duties as the operator hereunder.
(2) Berg. Compensation, in
money or other consideration, giv-
en in exchange for the occupancy,
use, or possession of real property
which is charged, whether or not
received.
(3) Short-term rental. Any tem-
porary occupancy or use of a
dwelling or dwelling unit that is of-
fered for rent to a transient for few-
er than thirty (30) consecutive cal-
endar days for various purposes,
including but not limited to, tourist
or transient use, or as a vacation
home, or bed and breakfast.
(4) Transient. Any person who,
at their own expense or at the ex-
pense of another, exercises occu-
pancy or possession, or is entitled
to occupancy or possession, by
reason of any rental agreement,
whether in writing or otherwise,
concession, permit, right -of -ac-
cess, option to purchase, license,
time-sharing arrangement, or any
other type of agreement for a peri-
od of fewer than thirty (30) consec-
utive calendar days.
(b) Short-term rentals prohibited.
(1) Pur oosse. The City finds that
short-term rentals constitute a
commercial use of residential prop-
erty, which conflict with the funda-
mental character of residential zon-
ing districts, disrupt the residential
character of neighborhoods, and
have a negative impact on the liva-
bility of residential neighborhoods.
The City further finds that, while
short tens rentals are prohibited
under the current provisions con-
tained in the City Code, an ordi-
nance amendment clarifying those
regulations is necessary. The City
has received complaints from res-
idents regarding short-term rentals,
including but not limited to com-
plaints related to noise, over -occu-
pancy, and illegal parking. To en-
sure adequate housing options for
residents, preserve the residential
character of the City's residential
districts, preserve property values,
and reduce land use conflicts, the
City determines, in furtherance of
the public health, safety and gen-
eral welfare, that it is necessary to
limit short-term rentals to hotels,
motels, lodging establishments,
and similar accommodations which
are appropriately licensed, zoned,
and which have the appropriate
infrastructure and services for such
short-term use.
(2) Prohibition. Short-term rent-
al in any residential zoning district
in the City is prohibited. State li-
censed hotels, motels, and lodging
establishments located in areas
where permitted by the City's land
use regulations are allowed, pursu-
ant to all applicable law and rules.
(3) Enforcement.
a. An owner, operator, tenant, or
occupant of any building or prop-
erty in violation of the provisions of
this section may be charged and
found guilty of a misdemeanor and
may be held responsible for the
cost of enforcement in addition to
penalties.
b. The City may exercise any
and all remedies at law or in equi-
ty to ensure compliance with this
section. All unpaid costs, charges
and penalties may be certified as
a special assessment levy against
the property.
c. The City hereby further de-
clares the short -tern rental of a
dwelling or dwelling unit may con-
stitute a public nuisance pursuant
to Chapter 18, Article IV of the
Spring Park City Code and the City
may exercise its authority to abate
such nuisances.
d. To address violations of this
section, and in addition to any
other remedy available to it at law
or in equity, the City may exercise
its enforcement authority pursuant
to Chapter 1, Sec. 1-14 of the City
Code and applicable state law.
Section 2. In an effort to mini-
mize the disruption of the adoption
of this ordinance, the City shall
not take any enforcement actions
related to short-term rentals until
December 31, 2020.
Section 3. This ordinance shall
take effect following its adoption
and publication.
Adopted by the City Council
of Spring Park on September 21,
2020.
CITY OF SPRING PARK
By:Jerome Rockvam, Mayor
ATTEST:
By: Theresa Schyma, City Clerk
Published in the
Laker Pioneer
January 30, 2021
1111218