Details for Ordinance No. 20-04

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, 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 citys 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 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 citys 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 Citys 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 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 21st 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

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, 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 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
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 21st 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

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