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Ordinance - 20-04 - Amend Chapter 42 - Interim UseCITY OF SPRING PARK COUNTY OF HENNEPIN STATE OF MINNESOTA ORDINANCE NO.20-04 AN ORDINANCE AMENDING THE ZONING/SHORELAND ORDINANCE OF THE SPRING PARK CITY CODE (Chapter 42) TO ALLOW SHORT-TERM RENTALS AS AN INTERIM USE IN CERTAIN ZONING DISTRICTS THE CITY COUNCIL OF THE CITY OF SPRING PARK, MINNESOTA ORDAINS AS FOLLOWS: Section 1. Chapter 42, Article I, Division 2. - Definitions, Section 42.43 - I of the Spring Park Zoning/Shoreland Ordinance is hereby amended to add the following: Interim use. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer allow said use. Interim use permit. A permit issued by the council in accordance with the procedures specified in this chapter setting forth the conditions and restrictions which must be complied with before an interim use may be created, the restrictions under which such interim use will be allowed to continue, and the date, event, or change to zoning regulation which will result in termination of said use. Section 2. Chapter 42, Article IV. - Administration of the Spring Park Zoning/Shoreland Ordinance is hereby amended by adding a new Division 4. - Interim Use Permit as follows: DIVISION 4. - INTERIM USE PERMIT Sec. 42-185. - Purpose and intent. The purpose and intent of allowing interim uses is: (1) To allow a use for a brief period of time until a permanent location is obtained or while the permanent location is under construction. (2) To allow a use that is presently judged acceptable by the city council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use allowed within the respective district. (3) To allow a use which is reflective of anticipated long range change to an area and which is in compliance with the Comprehensive Plan provided that said use maintains harmony and compatibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. Sec. 42-186. - Procedure. Uses defined as interim uses within a respective zoning district shall be processed according to the submittal requirements, standards and procedures for a conditional use permit as established by section 42-141 of this chapter. Sec. 42-187. - General standards. Interim uses shall comply with the following: (1) The standards of a conditional use permit set forth in section 42-141 of this chapter shall be satisfied. (2) The use shall conform to the applicable performance standards of this chapter. (3) The use shall be listed as an allowed interim use in the respective zoning district. (4) The date or event that will terminate the use can be identified with certainty. (5) The use will not impose additional costs on the public if it is necessary for the public to take the property in the future. (6) The user agrees to any conditions that the city council deem appropriate for permission of the interim use. Sec. 42-188. - Termination. An interim use shall terminate on the happening of any of the following events, whichever first occurs: (1) The date or event stated in the interim use permit. (2) Upon violation of conditions under which the interim use permit was issued. (3) Upon change in the city's zoning regulations which renders the use nonconforming. (4) The redevelopment of the use and property upon which it is located to a permitted or conditional use as allowed within the respective zoning district. Sec. 42-189. - Revocation. If an approved interim use is in violation of this chapter or the conditions of the interim use permit approval, the city may initiate a process to revoke the interim use permit. The city will conduct a public hearing to consider the revocation of an interim use permit and will mail and publish notice of the hearing according to section 42-141. The public hearing shall be conducted by the planning commission, which shall make a recommendation to the city council. In considering revocation, the planning commission and the city council shall consider compliance with the approved conditions of the interim use permit and the standards listed in section 42-141. Section 3. Chapter 42, Article II, Section 42-77 (Short-term rentals), subsection (b) (2) is K hereby amended to read as follows: (2) Prohibition. Short-term rental in any residential zoning district in the city is prohibited except where allowed by interim use permit within a respective district. 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. Section 4. Chapter 42, Article VIII, Division 2, Section 42-280 of the Spring Park Zoning/Shoreland Ordinance (R-1, Single and Two Family Residential District Accessory Uses) is hereby amended by adding a new Section 42-280. - Interim uses, as follows: Sec. 42-280. - Interim uses. The following is the interim use in an R-1 district (requires an interim use permit based upon procedures set for in and regulated by article IV, division 4): (1) Short-term rental. Short-term rentals constitute a commercial use of residential property, which may conflict with the fundamental character of residential zoning districts. To ensure there is no disruption to the fundamental character of residential zoning districts an interim use permit for short-term rentals meeting all the following conditions is required is to ensure the public health, safety, and welfare of its citizens. a. Lot requirements. i. The lot must be located adjacent to or across the street from a commercially zoned district. ii. The lot must be abutting an arterial street as defined in the Spring Park Comprehensive Plan. b. Conditions required to maintain interim use permit. i. No physical alterations. No physical alterations of a primary residence shall be permitted in conjunction with the operation of a short-term rental dwelling unit, except that additional onsite parking may be provided, to the extent that such parking is otherwise permitted by the applicable provisions of the city code. ii. Building code compliance. All dwellings pursuing an interim use permit for short-term rental shall be in compliance with the City's building and fire codes. Inspection and verification of code compliance by the City Building inspector shall be required. iii. Non -transferable. Interim use permits issued under this section are non -transferable. Each interim use permit shall automatically terminate upon the sale or other conveyance of the property upon which the short-term rental is located, unless otherwise authorized by the city council. iv. Number of bedrooms. Each interim use permit shall indicate the number of bedrooms which are contained in the primary residence. No interim use permit holder shall advertise the primary residence as containing any more than the identified number of bedrooms. v. Limit on the number of guests. The maximum number of transient 3 guests permitted to stay within a short-term rental dwelling unit at any one time shall be the sum of the number of bedrooms contained in the primary residence multiplied by two, up to a maximum of 10. Such sum shall include both adults and children. vi. Signage. No commercial signage is allowed on the property of any short-term rental dwelling unit. vii. Events. Events are not allowed to be hosted by transient guests on short-term property. For purposes of this prohibition, an event shall mean a gathering on the property of the total number of people permitted to stay on the premises plus five. Events hosted by the owner are exempt from this prohibition, but must otherwise abide by state and local law and policies. viii. Parking. A property with a short-term rental dwelling unit shall provide a minimum of two off-street parking stalls for transient guests. The maximum number of vehicles allowed at the property shall be limited to the number of off-street parking spaces provided. To be valid, off-street parking shall meet any applicable requirements set forth in the city code. ix. Occupant eligibility. The primary overnight and daytime occupant of a short-term rental dwelling unit must be an adult 18 years of age or older. This adult must provide a telephone number to the owner and shall be accessible to the owner by telephone at all times. x. House number visible. Property containing a short-term dwelling unit must have a visible house number that can be easily seen from the street at all times. Section 5. This ordinance amending the Spring Park Zoning/Shoreland Ordinance shall be in full force and effect immediately upon its adoption and publication. ADOPTED by the City of Spring Park this 21' day of December 2020. CITY OF SPRING PARK I: ATTEST: By: - Dan Tolsma, City Administrator erome RockFvam, Mayor 4 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ss COUNTY OF CARVER Diane Erickson being duly sworn on an oath, 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. � 5-, - By: �Lcu.-L � � Designated Agent Subscribed and sworn to or affirmed before me on 01/30/2021 by Diane Erickson. Notary Public ��oaa,wonavvaaa ' DARLENE MARIE MACPHERSON NOTARY PUBLIC - MINNESOTA My Commission Expires Jan 31, 2024 Rate Information: (1) Lowest classified rate paid by commercial users for comparable space: $15.00 per column inch Ad ID 1111240 CITY OF SPRING PARK COUNTY OF HENNEPIN STATE OF MINNESOTA ORDINANCE NO.20-04 AN ORDINANCE AMENDING THE ZONING/SHORELAND ORDINANCE OF THE SPRING PARK CITY CODE (CHAPTER 42) TO ALLOW SHORT-TERM RENTALS AS AN INTERIM USE IN CERTAIN ZONING DISTRICT THE CITY COUNCIL OF THE CITY OF SPRING PARK, MINNE- SOTA ORDAINS AS FOLLOWS: Section 1. Chapter 42, Article I, Division 2. - Definitions, Section 42.43 - I of the Spring Park Zon- ing/Shoreland Ordinance is hereby amended to add the following: Interim use. A temporary use of property until a particular date, until the occurrence of a particular event, or until zoning regulations no longer allow said use. Interim use permit. A permit is- sued by the council in accordance with the procedures specified in this chapter setting forth the con- ditions and restrictions which must be complied with before an interim use may be created, the restric- tions under which such interim use will be allowed to continue, and the date, event, or change to zoning regulation which will result in termi- nation of said use. Section 2. Chapter 42, Article IV. - Administration of the Spring Park Zoning/Shoreland Ordinance is hereby amended by adding a new Division 4. - Interim Use Permit as follows: DIVISION 4. - INTERIM USE PERMIT Sec. 42-185. - Purpose and intent. The purpose and intent of allow- ing interim uses is: (1) To allow a use for a brief pe- riod of time until a permanent loca- tion is obtained or while the perma- nent location is under construction. (2) To allow a use that is pres- ently judged acceptable by the city council, but that with anticipated development or redevelopment, will not be acceptable in the future or will be replaced in the future by a permitted or conditional use al- lowed within the respective district. (3) To allow a use which is re- flective of anticipated long range change to an area and which is in compliance with the Comprehen- sive Plan provided that said use maintains harmony and compat- ibility with surrounding uses and is in keeping with the architectural character and design standards of existing uses and development. Sec. 42-186. - Procedure. Uses defined as interim uses within a respective zoning district shall be processed according to the submittal requirements, standards and procedures for a conditional use permit as established by sec- tion 42-141 of this chapter. Sec. 42-187. - General stan- dards. Interim uses shall comply with the following: (1) The standards of a condition- al use permit set forth in section 42-141 of this chapter shall be sat- isfied. (2) The use shall conform to the applicable performance standards of this chapter. (3) The use shall be listed as an allowed interim use in the respec- tive zoning district. (4) The date or event that will terminate the use can be identified with certainty. (5) The use will not impose ad- ditional costs on the public if it is necessary for the public to take the property in the future. (6) The user agrees to any con- ditions that the city council deem appropriate for permission of the interim use. Sec. 42-188. - Termination. An interim use shall terminate on the happening of any of the follow- ing events, whichever first occurs: (1) The date or event stated in the interim use permit. (2) Upon violation of conditions under which the interim use permit was issued. (3) Upon change in the city's zoning regulations which renders the use nonconforming. (4) The redevelopment of the use and property upon which it is locat- ed to a permitted or conditional use as allowed within the respective zoning district. Sec. 42-189. - Revocation. If an approved interim use is in violation of this chapter or the conditions of the interim use per- mit approval, the city may initiate a process to revoke the interim use permit. The city will conduct a public hearing to consider the revocation of an interim use permit and will mail and publish notice of the hearing according to section 42-141. The public hearing shall be conducted by the planning commission, which shall make a recommendation to the city coun- cil. In considering revocation, the planning commission and the city council shall consider compliance with the approved conditions of the interim use permit and the stan- dards listed in section 42-141. Section 3. Chapter 42, Article II, Section 42-77 (Short-term rentals), subsection (b) (2) is hereby amend- ed to read as follows: (2) Prohibition. Short-term rental in any residential zoning district in the city is prohibited except where allowed by interim use permit within a respective district. State licensed hotels, motels, and lodg- ing establishments located in areas where permitted by the city's land use regulations are allowed, pursu- ant to all applicable law and rules. Section 4. Chapter 42, Article Vill, Division 2, Section 42-280 of the Spring Park Zoning/Shoreland Ordinance (R-1, Single and Two Family Residential District Acces- sory Uses) is hereby amended by adding a new Section 42-280. - In- terim uses, as follows: Sec. 42-280. - Interim uses. The following is the interim use in an R-1 district (requires an inter- im use permit based upon proce- dures set for in and regulated by article IV, division 4): (1) Short-term rental. Short-term rentals constitute a commercial use of residential property, which may conflict with the fundamental char- acter of residential zoning districts. To ensure there is no disruption to the fundamental character of resi- dential zoning districts an interim use permit for short-term rentals meeting all the following conditions is required is to ensure the public health, safety, and welfare of its citizens. a. Lot requirements. i. The lot must be located adja- cent to or across the street from a commercially zoned district. ii. The lot must be abutting an arterial street as defined in the Spring Park Comprehensive Plan. b. Conditions reouired to main- i. No physical alterations. No physical alterations of a primary residence shall be permitted in conjunction with the operation of a short-term rental dwelling unit, ex- cept that additional onsite parking may be provided, to the extent that such parking is otherwise permit- ted by the applicable provisions of the city code. ii. Building code compliance. All dwellings pursuing an interim use permit for short-term rental shall be in compliance with the City's build- ing and fire codes. Inspection and verification of code compliance by the City Building inspector shall be required. iii. Non -transferable. Interim use permits issued under this section are non -transferable. Each inter- im use permit shall automatically terminate upon the sale or other conveyance of the property upon which the short-term rental is locat- ed, unless otherwise authorized by the city council. iv. Plumber of bedrooms. Each interim use permit shall indicate the number of bedrooms which are contained in the primary residence. No interim use permit holder shall advertise the primary residence as containing any more than the iden- tified number of bedrooms. v. Limit on the number of guests. The maximum number of transient guests permitted to stay within a short-term rental dwelling unit at any one time shall be the sum of the number of bedrooms contained in the primary residence multiplied by two, up to a maximum of 10. Such sum shall include both adults and children. vi. Signage. No commercial sig- nage is allowed on the property of any short-term rental dwelling unit. vii. Events. Events are not al- lowed to be hosted by transient guests on short-term property. For purposes of this prohibition, an event shall mean a gathering on the property of the total number of people permitted to stay on the premises plus five. Events host- ed by the owner are exempt from this prohibition, but must otherwise abide by state and local law and policies. viii. Parking. A property with a short -tens rental dwelling unit shall provide a minimum of two off-street parking stalls for transient guests. The maximum number of vehicles allowed at the property shall be limited to the number of off-street parking spaces provided. To be val- id, off-street parking shall meet any applicable requirements set forth in the city code. ix. Occupant eligibility. The pri- mary overnight and daytime occu- pant of a short-term rental dwelling unit must be an adult 18 years of age or older. This adult must pro- vide a telephone number to the owner and shall be accessible to the owner by telephone at all times. x. House number visible. Prop- erty containing a short-term dwell- ing unit must have a visible house number that can be easily seen from the street at all times. Section 5. This ordinance amending the Spring Park Zoning/ Shoreland Ordinance shall be in full force and effect immediately upon its adoption and publication. ADOPTED by the City of Spring Park this 21 st day of December 2020. CITY OF SPRING PARK By: Jerome Rockvam, Mayor ATTEST: By: Dan Tolsma, City Administrator Published in the Laker Pioneer January 30, 2021 1111240