SHORT TERM HOME RENTAL LICENSING INSTRUCTIONS INITIAL LICENSE

Transcription

1 Page 1 of 3 June 7, 2017 SHORT TERM HOME RENTAL LICENSING INSTRUCTIONS INITIAL LICENSE The City of Stillwater adopted Ordinance No to allow Short Term Home Rentals (aka VRBOs) 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. To administer those regulations each property owner that wants to operate a Short Term Home Rental (STHR) must first apply for and receive a license. A. Procedure Overview 1. Complete Zoning Checklist The owner contacts the Community Development Department ( ) for a zoning checklist. Fill out the top portion of the form and return it and the appropriate fee to the Community Development Department Secretary. 2. City Reviews Zoning Checklist City staff will review the zoning checklist and if satisfactory will forward it to the Building Department and Fire Department. At the same time, staff will send an notifying you that you can contact the Building Department to schedule an inspection of the home you want to license. Without the zoning checklist review, the inspection cannot be scheduled. 3. Schedule Inspection The owner then contacts Maureen in the Building Department ( or mgeier@ci.stillwater.mn.us) to schedule a home inspection. A list of items that will be inspected are included in the attached inspection report form. 4. Inspection Fire Department staff and/or Building Department staff will inspect your property for safety items. If code compliant, they will sign off on the inspection report. If not, corrections must be made and a re-inspection scheduled. 5. Apply for License and Conditional Use Permit After the inspection is approved for Type A and Type B vacation rentals, the owner may complete and submit the license application form to the Community Development Department. If the inspection was for a Type C vacation rental, then the owner would apply for both the license and a Conditional Use Permit concurrently. 6. City Reviews Application The procedure for review of the application depends upon the type of STHR. (See attached ordinance for definition of the various types.) a. Type A licenses will be reviewed by staff. The license is valid for three years. b. Type B licenses will be reviewed by staff, but may also require Planning Commission review if neighbors have concerns. When a Type B license application is received, city staff will mail notices to neighbors. If no concerns are voiced in response to the notice, staff can issue a license. If concerns are voiced, then staff will schedule a hearing by the Planning Commission. The license is valid for three years. c. Type C licensees need a Conditional Use Permit approved by the Planning Commission and a license issued by city staff. i. The Conditional Use Permit will be scheduled for a public hearing by the Planning Commission. When approved, it is filed in chain of title and whoever owns the property owns the Conditional Use Permit as well. This use permit only needs to be issued once and is valid for as long as it is used. ii. With a valid Conditional Use Permit, city staff will then review and issue the Type C license. The license is valid for three years. 7. City Issues License When the license application is approved, city staff will forward the license to the applicant and a copy to the City Finance Department for lodging tax purposes.

2 B. Instructions for Completing Zoning Checklist Form 1. The property owner completes Section A of the Zoning Checklist form. Fill out the top portion of the form and return it and the appropriate fee to the Community Development Department Secretary. If the intent is to operate a Type A or Type B vacation rental, then the fee is $300 (license processing fee valid for three years). If the intent is to operate a Type C vacation rental, then the fee is $525 (license processing fee [valid for three years] + Conditional Use Permit application fee [one-time fee] + IT fee [one-time fee]). 2. There are four types of Short Term Home Rentals (STHR). Types A through D. The definition of each is found in the definition section of the attached ordinance. 3. A staff member in the Community Development Department will complete Section B. If the items in this section cannot be answered based upon the information provided in Section B, staff will contact the applicant for clarification. C. Instructions for Completing License Application Form 1. The applicant is responsible for completing all sections of this form. 2. Section B. i. If the owner is also the operator, you may skip Section B. 3. Section C. i. Question 4 Primary residence means that during a calendar year you live there six months plus one day. 4. Section D i. Question 3 The maximum number of guests that may stay in a STHR is two times the number of bedrooms plus one. ii. Question 4 Guest vehicles must be accommodated on the property, not on the street. (1) One off-street parking space is required for a one to two bedroom STHR. (2) Two spaces are required for a three bedroom STHR. Four and four plus bedroom STHRs must have parking spaces equal to the number of bedrooms minus one. (3) Each of these off-street parking spaces must be either bituminous paved or concrete or in a garage. (4) The total impervious surface on the property, including the parking for the guests, must stay within the maximum amount of impervious surface allowed in the subject zoning district. (5) The parking area and total square footage of impervious surface on the property has to be shown on the site plan that you attach to this application Page 2 of 3 June 7, 2017 iii. form. Question 5 As with guest vehicles, any boats or trailers must be accommodated on the property. This will have to be shown in the site plan that you attach to the application form. 5. Section F contains a listing of all attachments that are required in order for the application to be considered complete. All licenses will be processed in the order that complete applications are received. So, if an attachment is missing or incomplete, the application is not placed in the cue to be processed. D. Lodging Tax 1. The owner is responsible for paying the City Lodging Tax on a quarterly basis. Attached is the Local Lodging Tax Return form and its instructions. If you have questions on that form,

3 please contact Alison Egger, Assistant Finance Director E. License Renewal 1. The license for Type A, B and C Short Term Home Rentals are valid for three years. Please begin the renewal process in plenty of time so that the license does not lapse. F. Ordinance Enforcement and License Revocation 1. In the event of a violation of the ordinance, the city is entitled to seek injunctive relief or proceedings to prevent, restrain, correct or abate the violations. 2. If three substantiated and relevant complaints are received from neighbors or guests within a 12 month period, the license shall be revoked. The revocation may be appealed to the city council. If a license is revoked, the owner is prohibited from making application for another license for any type of Short Term Home Rental for six months 3. In addition to penalty provisions above, the fine for the first substantiated and relevant complaint or violation shall be $250. The fine for the second shall be $ The fine for the third shall be $ and this third offense shall also result in automatic license revocation. Page 3 of 3 June 7, 2017

4 SHORT TERM HOME RENTAL ZONING CHECKLIST License application fee: $ Date paid: Receipt number: Section A. To be completed by the applicant. Owner s Name: Owner s Address: Operator s Name: Operator s Address: Owner s Phone#: Owner s Operator s Phone#: Operator s Site Address: Short Term Home Rental type desired (circle only one): Type A Type B Type C Will the owner or operator be within a 30 minute drive of the property when guests are present? Yes No What would average travel time be? Number of Bedrooms: Number of Bedrooms for STHR guests: How many parking spaces (garage spaces or outside on bituminous or concrete surface) will be available for guests on the property? Section B. To be completed by city staff. Yes No N/A 1. Zoning of the site: Is the desired STHR allowed in this zoning district? 2. If the desired license is Type C STHR, does the property have a valid Conditional Use Permit? If not, has a complete application been submitted for the Conditional Use Permit? 3. If owner not on site while guests are present, is owner or operator within 30 minutes drive time of the property? 4. Off-street parking for residential zoning districts. (a) How many off-street parking spaces are required? (b) How many off-street parking spaces are available on the property? (c) Are all of the spaces improved with bituminous or concrete surface? (d) Are the minimum number of improved off-street spaces provided? (e) Does the total impervious surface area on the property, including the parking spaces and driveway, comply with the maximum allowance for impervious surface coverage in the subject zoning district? 5. Off-street parking for Central Business District. (a) How many off-street parking spaces are required? (b) How many off-street parking spaces are available on the property? May 12, 2017 Page 1 of 2

5 Yes No N/A (c) Are all of the spaces improved with bituminous or concrete surface? (d) Are the minimum number of improved off-street spaces provided? If not, has the Parking Commission approved a parking mitigation plan? 6. Available licenses. (a) Is there a license available for the type of STHR that is desired? [Total number of licenses allowed for the STHR type desired. Total number of valid licenses of this type already issued. Total remaining ] 7. If a Type A or B vacation rental, has the $300 license application fee been paid? 8. If a Type C vacation rental, has the $300 license application fee and the $225 Conditional Use Permit fee been paid? Property eligible to apply for a STHR license or renewal. Planner s Comments: Property NOT eligible to apply for a STHR license or renewal Planner s Name (Printed): Review date: Planner s signature: May 12, 2017 Page 2 of 2

6 SHORT TERM HOME RENTAL INSPECTION REPORT Owner s Name: Operator s Name: Owner s Phone#: Operator s Phone#: Site Address: # Bedrooms: Inspectors Names (Printed): Building Inspector Signature: Fire Inspector Signature: Initial Inspection Date: Re-inspection Date: Final Approval Date Yes No Corrected N/A 1. Primary Exit (a) At least one exit door with direct access to the outside, or to a protected corridor in the case of a condominium or apartment building, shall be provided for each short term rental unit (b) The exit door shall be side-hinged and not less than 3 wide and 6 8 tall. (c) A landing must be provided on each side of each exterior door. The landing width shall not be less than the width of the door and shall have a minimum dimension of 36 measured in the direction of travel. (d) The exit door shall open from the inside without the use of a key, tool or special knowledge. (e) Handrails shall be provided on at least one side of each continuous run of stairs. (f) Stairs and decks must be properly constructed and maintained. (g) Guards shall be installed along open-sided walking surfaces that are more than 30 above another floor or grade. Insect screening is not considered a guard. Guards shall be at least 36 high with spindle spacing less than 4 apart. Comments: 2. Emergency Escape and Rescue Openings Homes built prior to the adoption of the 2012 International Residential Code are required to meet the standards in this section only as is practical and found satisfactory by inspector. (a) Window sill height shall be no higher than 44 above the finished floor. (b) Minimum clear window opening of 5.7 square feet or 5 square feet it at ground level 1. Minimum clear opening height of at least Minimum clear opening width of at least 20 (c) Windows must be operational from the inside of the sleeping room without the use of keys, tools or special knowledge. Page 1 of 3

7 Yes No Corrected N/A (d) Bars, grills and similar devices are not recommended over emergency escape openings. If present, they must open from the inside without use of keys, tools, special knowledge or greater force than what is required for normal operation of the window itself. (e) Windows under decks must fully open and provides a path not less than 36 in height to public street, alley, yard or court. Comments: 3. Smoke & Carbon Monoxide Alarms (a) Smoke alarms shall be listed and labeled as UL 217 compliant. Carbon monoxide alarms must be listed as complying with UL (b) Smoke alarms must be installed in each sleeping room, outside each sleeping area and on each additional story of the residence, including the basement. (c) Carbon monoxide alarms must be installed outside of the sleeping rooms and not more than 10 from each separate sleeping area or bedroom. Comments: 4. Fire Extinguishers (a) A minimum of one portable, 5 pound type ABC fire extinguisher must be mounted on each floor available to the rental guests. Extinguishers must be maintained per manufacturer s directions, mounted 48 above the floor and in a visible spot, such as a hallway. (b) Main floor fire extinguishers must be mounted in the kitchen, in a visible spot. Comments: 5. Electrical Outlets (a) GFCI protected outlets are required within 2 of any sink, at all kitchen and bathroom countertops, all outdoor outlets, for any sauna or other wet locations Comments: 6. Hot Water (b) The maximum hot water temperature discharging from bathtub fillers shall not exceed 120 o F by a temperature-limiting device in accordance with ASSE 1070/CSA B Water heater thermostats shall not be considered an acceptable control for meeting this provision. (c) Showers and tub-shower combinations must be provided with anti-scald valves. Comments: Page 2 of 3

8 Yes No Corrected N/A 7. Tempered Glass (a) Glazing in walls, enclosures or fences within 5 vertically and/or horizontally of saunas, steam rooms, bathtub and showers. (b) Windows less than 36 above stairways, stairway landings, ramps and at the bottom of stairways. (c) Glazing in doors and windows within a 24 arc of the door in a closed position (d) Guard and railings (e) Individual window panes that are over 9 square feet, bottom edge of glass is less than 18 above the floor, top edge of glass is more than 36 above the floor and has a walking surface within 36 horizontally from the window Comments: 8. Guard Rails (a) Guards shall be installed along open-sided walking surfaces that are more than 30 above another floor or grade, such as decks, screen porches, balconies, lofted areas and stairs. Insect screening is not considered a guard Comments: 9. Roof-top use in Downtown District (a) The STHR is located in a sprinkled building. (b) Building code for fall protection and exiting are met. (c) Use Permit for property specifically allows the roof-top use. Comments: 10. Corrections and notes Page 3 of 3

9 SHORT TERM HOME RENTAL LICENSE APPLICATION A. Property owner s information Site address of Short Term Home Rental: Property owner s name: Property owner s signature: Property owner s street address: Property owner s mailing address: Property owner s phone number: Property owner s B. Operator s information Operator s name: Operator s street address: Operator s mailing address: Operator s phone number: Operator s C. License type 1. For which Short Term Home Rental license is application being submitted? Circle only one: Type A Type B Type C 2. If a Type C license application is being submitted, has a Conditional Use Permit been issued by the City for the property? Yes No Not a Type C license application 3. If a Type C license is being submitted, and a Conditional Use Permit has not been issued by the City, has a complete Conditional Use Permit application form been submitted to and accepted by the City? Yes No Not a Type C license application 4. Is the home the property owner s primary residence? Yes No 5. Will property owner be present during guest stays? Yes No 6. If a Type B or Type C property, will the owner or operator be within a 30 minute drive of the property? Yes No (How long will average drive time be? ) May 12, 2017 Page 1 of 2

10 D. Facility information 1. Number of bedrooms: 2. Number of bedrooms to be offered to guests: 3. Maximum number of guests to be allowed by owner/operator: 4. Number of off-street parking spaces on the property for guests: 5. Are each of the off-street parking spaces either in a garage or on bituminous or concrete surfaces? Yes No 6. Will guest boats and/or other trailers/rvs be allowed? Yes No 7. How is the property zoned? 8. Have any exterior home alterations been done, or planned, to accommodate the Short Term Home Rental (other than extra parking spaces for guests)? Yes No If yes, please explain: E. Listing information 1. On which websites is or will the Short Term Home Rental be listed? Please give the name and website address for each. 2. Will the Short Term Home Rental be listed or advertised anywhere else? If so, please give specifics. F. Required attachments 1. An inspection report approved and signed by City inspector(s). 2. Site plan, 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. 3. A floor plan, drawn to scale, of the home identifying which rooms will be used as transient guest bedrooms. 4. Proof of suitable and sufficient insurance. 5. A copy of the Guest Disclosure required by Ordinance 1093, Subd 7 E 6. Minnesota Sales Tax Account Number (7 digits) OR proof that Minnesota Tax Account Number has been applied for. 7. Payment for the $300 license application fee. G. Applicant s signature Applicant s name: By signing this application form, I certify that to the best of my knowledge the property meets, and will be operated according to, the standards found in Ordinance Applicant s signature: Date: May 12, 2017 Page 2 of 2

11 216 4 th Street N, Stillwater, MN Phone: Fax: CONDITIONAL/SPECIAL USE PERMIT: APPLICANT INSTRUCTIONS Purpose In each zoning district, permitted uses and specially/conditionally permitted uses are listed. Special and conditional uses require a Special Use Permit. Process The purpose of the Conditional Use Permit (CUP) or Special Use Permit (SUP) is to allow special condition of uses that are not specifically permitted in the zoning district. Since the Zoning Ordinance cannot be drafted to deal with every circumstance, the CUP/SUP process is designed to provide the City sufficient flexibility to determine whether a specific land use on a certain site will be compatible with its surroundings, the Comprehensive Plan and the zoning on adjacent parcels. In approving the CUP/SUP, the Planning Commission must find that the proposed use will not be injurious to the neighborhood or otherwise detrimental to the public welfare and will be in harmony with the general purpose of the Zoning Ordinance. Project Consideration: Early in the consideration of a potential project, a determination shall be made whether a CUP/SUP is needed. Pre-application Conference: It is recommended the applicant make an appointment with Community Development Department (CDD) staff prior to submitting an application. The intent of this meeting is to discuss the applicable city code regulations, items that may be of concern, application submittal requirements, etc. In order for the meeting to be most effective, the future applicant should be prepared to discuss the proposed use and potential land alternation activities that may occur. Filing the Application: A complete application, required attachments, and applicable fee(s) will be accepted by the CDD according to the established Development Review Schedule. Incomplete applications will not be accepted or may be returned to the applicant. Once the application has been determined to be complete, staff will place the item on the applicable Commission and Council agendas. Notice of any scheduled public hearings will be sent to all property owners

12 within 350 of the subject property. Legal notice will be published in the Stillwater Gazette at least ten (10) days prior to the scheduled public hearing(s). Staff Review: CDD staff will review and evaluate the project conformance to the Zoning Code, the Comprehensive Plan, relevant area plans, and all lawful regulations. Staff will develop a report which, in most cases, will include a recommendation for approval or denial. Recommendations for approval may be accompanied by staff recommended conditions of approval. Staff will distribute this report to the applicant in advance of the scheduled meeting(s) and hearing(s). Commission and Council Review: Commission and Councilmembers will receive the staff report in advance of the scheduled public hearing, an informal meeting held in the Council Chambers of City Hall. At meeting(s), staff will explain the nature of the request. The applicant, who is required to be at these meeting(s), will be given the opportunity to present testimony giving reasons or need for the CUP/SUP. Members of the public will be invited to testify in support or against the request. Once all testimony has been made, the respective appointed or elected members will discuss the request. After all discussion has occurred, the body will determine approval or denial of the application. They may, at their discretion, continue the hearing to a later meeting date. This happens when insufficient information has been submitted or additional information is needed to make a decision. Appeals Period: There is a ten-day period in which the applicant, or any other individual aggrieved by the decision, may submit a request for reconsideration of the application. If the appeal is to a decision of a Commission, the City Council will hear the appeal in a scheduled public hearing. Permitting. Once the City Council has approved an application, or once the ten day appeal period has ended, the applicant will receive an approved CUP/SUP indicating the approval and listing any conditions of approval. The applicant must execute the CUP/SUP form, acknowledging any conditions of approval will be met. The CUP/SUP is not issued until the permit form is signed and returned to the City. After the signed permit is received by the City, the permit is recorded against the property with the Washington County Recorder.

13 216 4 th Street North Stillwater MN Permit No. Date Filed: PLANNING APPLICATION Base Fee: Planning Commission Tech Fee: $25.00 Receipt No.: ACTION REQUESTED X Special/Conditional Use Permit Variance Resubdivision Subdivision* Comprehensive Plan Amendment* Zoning Amendment* Planning Unit Development * Certificate of Compliance Lot Line Adjustment *An escrow fee is also required to offset the costs of attorney and engineering fees. The fees for requested action are attached to this application. The applicant is responsible for the completeness and accuracy of all forms and supporting material submitted in connection with any application. All supporting material (i e., photos, sketches, etc.) submitted with application becomes the property of the City of Stillwater. Only one copy of supporting materials are required. However, any documents larger than 11 x 17 must be submitted in paper and in pdf format. Review the Checklist to the Planning Administration Application Form for the complete list of required items that must be submitted. Any incomplete application or supporting material will cause your application to be rejected by the City. Required Applications will be rejected without a legal description. A legal description is found on the deed to the property. Attach as an exhibit if necessary. After Planning Commission approvals, there is a 10-day appeal period. Once the 10-day appeal period has ended, the applicant will receive a zoning use permit which must be signed and submitted to the City to obtain the required building permits. PROPERTY IDENTIFICATION Address of Project Assessor's Parcel No. (GEO Code) Complete Property Legal Description* (*Required Applications will be rejected without a legal description) Tax descriptions and property descriptions from the county are not acceptable. Zoning District Description of Project "I hereby state the foregoing statements and all data, information and evidence submitted herewith in all respects, to the best of my knowledge and belief, to be true and correct. I further certify I will comply with the permit if it is granted and used." Required Property Owner Mailing Address City - State Zip Telephone No. Signature (Signature is required) If other than property owner Representative Mailing Address City - State Zip Telephone No. Signature (Signature is required)

14 Checklist for Planning Applications Planning Staff can help determine what materials are necessary. Planning Department Incomplete or unclear applications/plans will be returned to the applicant and may result in delay of application processing. All Applications Must Include: The application form completed and signed by the property owner or owner s authorized representative. A complete legal description of subject property. This is found on the property deed. Incomplete or abbreviated legal descriptions are not sufficient. Letter to the Planning Commission describing the proposed use in detail and indicating how this use will effect, or is compatible with adjacent uses or areas. If the request is for a variance, the narrative must address the practical difficulty provision. Other information as may be required to permit the Planning Commission to make the required findings for approval of the specific type of application. Applications Involving New Construction or Exterior Improvements Must Also Include: Building plans clearly dimensioned and scaled. A site plan depicting the following. o Exterior property lines, easements, lot width and depth and lot area. o Location, elevation, size, height of building or addition, dimensions, materials and proposed use of all buildings and structures (including walls, fences, signs, lighting and hooding devices) existing and proposed for the site (if the site is in a Design Review District, additional design detail maybe required). o Distances between all structures and from all property lines or easements to structures. o Buildings on adjacent properties, together with distances from property lines. o All adjacent streets or right of ways, with street names labeled. o Pedestrian, vehicular and service points of ingress and egress; distances between driveways and street corners. o All off-street parking spaces, driveways, loading docks and maneuvering areas with dimensions for driveway widths and parking space sizes. o Existing significant natural features such as rock outcroppings or water courses (existing and proposed marked accordingly). o All major existing trees on the site (4 inch caliber or greater), giving type, location, size and other site coverage conditions. Existing and proposed grading plan showing direction and grade of drainage through and off the site; indicate any proposed drainage channels or containment facilities. o Applications for new structures on slopes of 12 percent or greater must include an accurate topographic map. The map must contain contours of two-foot intervals for slopes of 12 percent or greater. Slopes over 24 percent shall be clearly marked. Landscape plan showing number of plants, location, varieties and container sizes (landscape plan). ANY DOCUMENTS LARGER THAN 11 X 17 MUST BE SUBMITTED IN PAPER AND IN PDF FORMAT. OVERSIZED PLANS (GREATER THAN 11X17) WILL NECESSITATE SUBMITTAL OF FIVE COPIES.

15 SHORT TERM HOME RENTAL GUEST DISCLOSURE -- SAMPLE This form is lists the kinds of information that Ordinance 1093 requires in your guest disclosure. You will need to generate you own information sheet that you will place in a prominent place for your guests. Perhaps that is the kitchen counter. Introduction Welcome to our home. We hope your stay here in Stillwater is wonderful! As our guests and guests of the community, we are happy to have you with us and would like to point out that your stay may be more enjoyable for everyone if you keep the following in mind: Required information, at a minimum, includes: 1. For Type B and C Short Term Home Rentals, the name, phone number and address of the owner, operator or representative. 2. The maximum number of guests allowed on the property. 3. The maximum number of vehicles allowed at the property and where they are to be parked. 4. Property rules related to use of outdoor features, such as decks, patios, grills, recreational fires, saunas and other recreational facilities. 5. City noise ordinances will be enforced by the Stillwater Police Department, including reduced noise levels between 10 PM and 8 AM. 6. No events are allowed to be hosted on the premises. That means that no more than three unregistered guests can gather on the property. 7. Useful phone numbers i. Property manager ii. Fire department (non-emergency) iii. Police department (non-emergency) Useful websites i. Stillwater Convention and Visitor s Bureau ii. Stillwater Independent Business Association iii. Stillwater Area Chamber of Commerce May 12, 2017

16 SHORT TERM HOME RENTAL LICENSE DATE OF ISSUANCE: LICENSE No. A. Property Information License to operate a Short Term Home Rental within the City of Stillwater, MN Site address of Short Term Home Rental property: Property owner s name: Property owner s signature: Property owner s mailing address: B. License type This license is issued to operate a: Type A Type B Type C Short Term Home Rental C. Conditions of license 1. Number of guest bedrooms permitted: 2. Maximum number of guests permitted at one time: 3. The license expires three years from the date of issuance. 4. A complete renewal license application must be filed 60 days prior to the expiration date. D. Owner s signature [license not valid without signature] Property owner s signature: Date: By signing this license, I certify that to the best of my knowledge the property meets the standards found in Ordinance 1093, and will operate according to those standards. E. City s signature [license not valid without signature] Community Development Director s signature: Date: May 12, 2017 Page 1 of 1

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21 ORDINANCE NO AN ORDINANCE AMENDING THE STILLWATER CITY CODE CHAPTER 31, ENTITLED ZONING ORDINANCE BY ADDING REGULATIONS FOR SHORT TERM HOME RENTALS THE CITY COUNCIL OF THE CITY OF STILLWATER DOES ORDAIN: 1. Definitions Amend City Code Chapterter 31, Section Definitions, by adding the following: Primary Residence, means the dwelling unit within which a person lives for six months plus a day during a calendar year Primary Resident, means a person living on a property where the property is the person' s primary residence 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 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 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 Short Term Home Rental, Type D (Bed& Breakfast) see the definition of Bed & Breakfast in Paragraph 16 of this Definition Section Short Term Home Rental Regulations. Amend City Code Chapter 31 by adding the following Section. Sec Short-Term Home Rental Regulations Subd. 1. Purpose. The purpose of this Section 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.

22 Page 2 of 11 Subd. 2. License required. No property may be used for Type A, B or C Short Term Home Rental unless granted a license by the city. No property may be used for Type C Short Term Home Rental unless granted a Conditional Use Permit and a license by the city. No property may be used for Type D Short Term Home Rental( aka Bed& Breakfast) unless granted a Special Use Permit by the city pursuant to Section of this Chapter. Subd. 3. 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 prescribed by the city and must include all the information requested on the application form. The license application will not be accepted by the city unless an inspection report has been signed by personnel from both the city' s fire department and building department. Subd. 4. License fee. The license application form must be accompanied by The license application fee payment in full of the required license application fee. amount will be as determined by the city council in the city fee schedule. Subd. 5. License issuance. The process for review and issuance of a license will vary depending upon the type of Short Term Home Rental as follows: A. Type A, Hosted Short Term Home Rentals. Type A Short Term Home Rentals are required to have an administratively issued license from the city. 1. A Type A Short Term Home Rental license or renewal license will be issued administratively only if: i. The licensee certifies on the application form that all applicable ii. iii. items found in this Section a. Proper zoning as found in Subd. 6; and b. Performance standards as found in Subd. 7. are satisfied. That includes: The applicant submits a site plan, 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. The applicant submits a floor plan, drawn to scale, of the home identifying which rooms will be used as transient guest bedrooms. iv. The property passes the city inspection( see Section , Subd. 9B) for residential code standards applicable to renting a home on a short term basis. The list of health and safety items that will be inspected for this purpose will be included amongst license application materials so that the property owner will know what items will be inspected prior to submitting the license application to the city. a. An inspection must be completed within 60 days prior to submission of the license application form.

23 Page 3 of 11 b. An inspection report must be submitted together with the license application form and other necessary materials. Without the inspection report, the license application will not be considered complete, nor will it be accepted by the city. c. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city prior to submitting an application for the Short Term Home Rental license. 2. There shall be no change in the exterior appearance ofthe 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. 3. The licensee must provide proof of sufficient and suitable property insurance at the time of license issuance, and must be able to confirm that the coverage remains in place within 24 hours of a city request for confirmation. 4. Licenses are non- transferable and shall expire upon change of ownership of the property. 5. A license constitutes a limited license granted to the applicant by the city and in no way creates a vested zoning right. 6. No more than a total of thirty-five Type A licenses may be valid within the city at one time. 7. If three substantiated and relevant complaints are received from neighbors or guests within a 12 month period, the license shall be revoked. The revocation may be appealed to the city council pursuant to procedures established in Section of this Chapter. If a license is revoked, the owner is prohibited from making application for another license for any type of Short Term Home Rental for six months. 8. Licenses are valid for a period of three years. A renewal license must be applied for every three years. B. Type B Unhosted Short Term Rental. Type B Short Term Home Rentals are required to have an administratively issued license from the city. Prior to issuing the license, a neighborhood notification is required, as specified below. 1. A Type B Short Term Home Rental license or renewal license will be issued administratively only if: i. The applicant submits a site plan, 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. ii. The applicant submits a floor plan, drawn to scale, of the home iii. identifying which rooms will be used as transient guest bedrooms. The licensee certifies on the application form that all applicable items found in this Section are satisfied. That includes:

24 Page 4 of 11 a. Proper zoning as found in Subd. 6 b. Performance standards as found in Subd. 7 c. Proof of sufficient and suitable property insurance. iv. No more than a total ofthirty-five Type B licenses may be valid within the City at one time. v. Notices have been mailed by the city to all surrounding property owners according to the following standards: a. 150 feet of all applicant properties zoned RB, CCR, CR, TH, vi. CTHR, RCL, RCM, RCH, CBD; b. 200 feet of all applicant properties zoned RA, LR, CTR, TR; c. 500 feet of all applicant properties zoned AP; and There are no objections received by the city within ten days of mailing the notices. a. If objections are received, then the license request must be considered by the planning commission. 1). The planning commission must hold a hearing, to which neighbors within the above defined notification area are invited to offer comments. 2). After considering the license request and hearing comments from the neighbors, the planning commission may either approve a one year provisional license, with or without conditions, or deny the license request. 3). If there are no substantiated relevant complaints from neighbors or guests during the provisional year, the permit will automatically extend two more years. If there are three substantiated relevant complaints, the provisional license is automatically revoked and the owner is prohibited from making application for another license for any type of Short Term Home Rental for six months. vii. The property passes the city inspection( see Section , Subd. 9B) for residential code standards applicable to renting a home on a short term basis. The list of health and safety items that will be inspected for this purpose will be included amongst license application materials so that the property owner will know what items will be inspected prior to submitting the license application to the city. a. An inspection must be completed within 60 days prior to submission of the license application form. b. An inspection report must be submitted together with the license application form and other necessary materials. Without the inspection report, the license application will not be considered complete, nor will it be accepted by the city.

25 Page 5 of 11 c. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city prior to submitting an application for the Short Term Home Rental license. 2. There shall be no change in the exterior appearance ofthe 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. 3. The licensee must provide proof of sufficient and suitable property insurance at the time of license issuance, and must be able to confirm that the coverage remains in place within 24 hours of a city request for confirmation. 4. If three substantiated and relevant complaints are received from neighbors or guests within a 12 month period, the license shall be revoked. The revocation may be appealed to the city council pursuant to procedures established in Section of this Chapter. If a license is revoked, the owner is prohibited from making application for another license for any type of Short Term Home Rental for six months. 5. Licenses are non- transferable and shall expire upon change of ownership of the property. 6. A license constitutes a limited license granted to the applicant by the city and in no way creates a vested zoning right. 7. Licenses are valid for a period of three years. A renewal license must be applied for every three years. No neighborhood notification is required for the renewal of licenses. C. Type C Dedicated Short Term Rental. Type C Short Term Home Rentals are required to have both a Conditional Use Permit and an administrative license issued by the city. The Conditional Use Permit and initial license may be processed simultaneously. 1. Conditional Use Permit. The application for the Conditional Use Permit to operate a Type C Short Term Home Rental must be filed with the city' s community development department on the applicable form. The application will be reviewed according to the process established in Sections and of this Chapter. In addition, the following procedures, criteria and conditions shall also apply: i. The applicant must submit a site plan, 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. ii. The applicant submits a floor plan, drawn to scale, of the home iii. identifying which rooms will be used as transient guest bedrooms. The Conditional Use Permit runs with the land and must be filed in the property' s chain of title, but since a license is also required for a

26 Page 6 of 11 iv. Type C Short Term Rental, possession of a Conditional Use Permit is not sufficient to operate. Any new owner desiring to operate a Type C Short Term Rental on property that has an unexpired Conditional Use Permit filed in the chain of title must also obtain a license from the city. A Conditional Use Permit expires if a property is not operated as a Short Term Home Rental for more than a year. The Conditional Use Permit applicant must certify on the city application form that all applicable items found in this Section are satisfied. That includes: a. Proper zoning as found in Subd. 6 b. Performance standards as found in Subd. 7 c. Proof of sufficient and suitable property insurance. v. The property must pass inspection by city building and fire code inspectors and found to meet the residential code standards applicable vi. to renting a home on a short term basis ( see Section , Subd 9B) prior to holding the public hearing for the Conditional Use Permit. The list of health and safety items that will be inspected for this purpose will be included amongst license application materials so that the property owner will know what items will be inspected prior to submitting the license application to the city. No more than a total of fifteen Conditional Use Permits for Type C Short Term Home Rentals may be valid within the City at one time. 2. License. The application form for the license or renewal license must certify by the applicant that all applicable items found in this Section are satisfied. That includes: i. A Conditional Use Permit has been issued for the subject property and is still valid. ii. The property has been inspected no more than 60 days prior to submission of the license application by city building and fire code inspectors and found to meet the residential code standards applicable to renting a home on a short term basis. a. An inspection must be completed and the inspection report submitted together with the license application form and other necessary materials. Without the inspection report, the license application will not be considered complete, nor will it be accepted by the city. b. If the inspection identifies items that must be corrected, all corrections must be completed and verified by the city prior to submitting an application for the Short Term Home Rental license. iii. Proper zoning as found in Subd. 6 iv. Performance standards as found in Subd. 7 v. Proof of sufficient and suitable property insurance.

27 Page 7 of 11 vi. No more than a total of fifteen Type C Short Term Home Rental licenses may be valid at one time within the City. 3. The license for a Type C Short Term Home Rental may only be issued to the owner of the property and is not transferable to any other entity. 4. 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. 5. The licensee must provide proof of sufficient and suitable property insurance at the time of license issuance, and must be able to confirm that the coverage remains in place within 24 hours of a confirmation. city request for 6. Type C Short Term Home Rental licenses are valid for a period of three years. A renewal license must be applied for every three years. The Conditional Use Permit will not expire unless its use is discontinued for more than a year. 7. The Type C Short Term Home Rental license is not transferable and shall expire upon change of ownership of the property. 8. A license constitutes a limited license granted to the applicant by the city and in no way creates a vested zoning right. 9. If three substantiated and relevant complaints are received from neighbors or guests within a 12 month period, the license shall be revoked. The revocation may be appealed to the city council pursuant to procedures established in Section of this Chapter. If a license is revoked, the owner is prohibited from making application for another license for any type of Short Term Home Rental for six months. D. Type D Bed& Breakfast. Type D Short Term Home Rentals are also known as Bed& Breakfasts and are required to have a Special Use Permit as regulated in Section of this Chapter. Subd. 6. Zoning District. Short Term Home Rentals are permitted, with an approved license from the City of Stillwater, in the following Zoning Districts: A. Residential ZoningDistricts. Type A and B Short Term Home Rentals are YP allowed by city license in all Residential Zoning Districts. Type C Short Term Home Rentals are allowed by Conditional Use Permit in all Residential Zoning Districts. Type D Short Term Home Rentals ( aka Bed & Breakfasts) are allowed by city license in the RCL Zoning District and by Special Use Permit in the RB and RCM Zoning Districts B. Commercial Zoning Districts. Type A, B and C Short Term Home Rentals are permitted by city license in the CBD Zoning District.

28 Page 8 of 11 Subd. 7. Performance standards. Type A, B and C Short Term Home Rentals shall be subject to the following performance standards. Type D Short Term Home Rentals shall be subject to the standards found in Section of this Chapter. A. Parking. 1. In residential zoning districts, all guest parking must be accommodated on improved surfaces on the premises. No on- street parking is allowed for guests. At a minimum, parking shall be provided at the following rate: i. 1-2 bedroom unit, 1 space ii. 3 bedroom unit, 2 spaces iii. 4 and 4+ bedroom units, number of spaces equal to the number of bedrooms minus one. 2. In the CBD zoning district, guest parking must either be accommodated on the property of the Short Term Home Rental dwelling unit, or a parking mitigation plan must be approved by the Parking Commission. B. Length of guest stay. The minimum length of stay is one day. The maximum length of stay is 30 days, since more than that is by definition not a Short Term Home Rental property. C. Number of guests. The maximum number of transient guests will be limited to two times the number of bedrooms plus one. D. Guest records. The licensee for Type B and C Short Term Rentals must keep a transient 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. E. Guest disclosures. The licensee must disclose in writing to their transient 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. 1. For Type B and C Short Term Home Rentals, the name, phone number and address of the owner, operating lessee or managing agent/ representative; 2. The maximum number of guests allowed at the property; 3. The maximum number of vehicles allowed at the property and where they are to be parked; 4. Property rules related to use of outdoor features, such as decks, patios, grills, recreational fires, saunas and other recreational facilities; 5. City nuisance ordinances will be enforced by the Stillwater Police Department, including reduced noise levels between 10 PM and 8 AM. 6. No events are allowed to be hosted on the premises. F. License number. The licensee must post their city license number on all print, poster or web advertisements. G. 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. The community development department