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315: Short Term RentalsBusiness Regulations Prior Lake 315/p1 SECTION 315 SHORT TERM RENTALS SUBSECTIONS: 315.100: PURPOSE 315.200: SCOPE 315.300: DEFINITIONS 315.400: PERMIT REQUIRED 315.500: RESPONSIBILITY OF OWNER 315.600: DISORDERLY CONDUCT 315.700: SUSPENSION AND REVOCATION 315.800: APPEAL 315.900: PENALTY 315.100: PURPOSE: The purpose of this Section is to ensure that the short-term rental of dwelling units in the City’s Residential Use Districts is conducted, operated, and maintained so as not to become a nuisance to the surrounding neighborhood or an influence that fosters blight and deterioration or creates a disincentive to reinvest in the community. 315.200 SCOPE: This section applies to the short-term rental of all dwelling units located in the City’s Residential Use Districts. 315.300 DEFINITIONS: The following words and terms when used in this Section shall have the following meanings unless the context clearly indicates otherwise: Bedroom: A habitable room within a single-family dwelling which is used, or intended to be used, primarily for the purpose of sleeping, but shall not include any kitchen, dining room, or living room. Code Enforcement Officer: An employee of the City designated as the Code Enforcement Officer. The term Code Enforcement Officer also includes all City employees authorized by City Code Section 104.400 to issue citations. Dwelling unit: One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping. Occupant: Any person who occupies a dwelling unit or part of the same. Owner: A person having legal or equitable interest in the dwelling unit or its premises. Off-street parking space: An area on the permitted premises or within a building on the permitted premises intended for the use of temporary parking of a motor vehicle which has a means of access to a public street. An area on a private street or easement may be considered an off-street parking space for purposes of this Section at the discretion of the City Manager only in the following circumstances: (i) the area is dedicated solely for the use of the permitted premises; (ii) the area is contiguous to the permitted premises; (iii) Business Regulations Prior Lake 315/p2 confirmation of the dedicated parking is provided to the City and is signed by a person with authority over the private street or easement; and (iv) use of the area for parking will not interfere with the use of the private street or easement. (Amd. Ord. 116-19, publ. 09/17/2016) Permitted Premises: The platted lot or part of such lot or unplatted parcel of land on which a dwelling unit permitted as a short-term rental is located. Public waters: Any waters as defined in Minnesota Statutes § 103G.005, Subd. 15. Residential Use District: The land-use districts identified in City Code Section 1102, Subsections 1102.100 through 1102.700. Short-term rental: The rental or lease of a dwelling unit in whole or in part for 30 days or less. Short-term rental permit: The permit issued by the City for the rental or lease of a dwelling unit in whole or in part for 30 days or less. Tenant: Any person who is occupying a dwelling unit under any agreement, lease, or contract, whether oral or written, which requires the payment of money as rent for the use of the dwelling unit. Watercraft: Any vessel, boat, canoe, raft, barge, sailboard, or any similar device used or useable for carrying and transporting persons on the public waters. 315.400 PERMIT REQUIRED: No owner shall undertake the short-term rental of any dwelling unit to a tenant or tenants unless properly permitted as hereinafter provided. 315.401 Application: An owner desiring to undertake or allow the short-term rental of a dwelling unit in one of the City’s Residential Use Districts shall apply to the Code Enforcement Officer for a short-term rental permit. The application shall by submitted by the owner. The permit application shall be on a form prescribed by the City and include all required information. 315.402 Permit Fee: Each application shall be accompanied by payment in full of the required permit fee. The annual permit fee shall be determined by the City Council and set forth in the City fee schedule. The fee shall not be prorated. 315.403 Issuance of Short-Term Rental Permit: (1) If the Code Enforcement Officer determines that an applicant has met the requirements for issuance of a short-term rental permit, the Code Enforcement Officer shall issue the applicant a short-term rental permit. (2) If the Code Enforcement Officer determines that an applicant has not met the requirements for issuance of a short-term rental permit, the Code Enforcement Officer shall endorse on such application his/her disapproval and his/her reasons for the same and provide the application and recommendation for denial to the City Manager. The City Manager may either: (i) deny the application and return the endorsed application to the applicant to notify Business Regulations Prior Lake 315/p3 the applicant that his/her application is denied and that no permit will be issued; or (ii) direct the Code Enforcement Officer to issue the applicant a short-term rental permit. 315.404 Expiration of Permit: Except as otherwise provided in this Section, all short-term rental permits shall expire annually on December 31 of each year unless suspended or revoked earlier. 315.405 Renewal of Permit: Applications for renewal of an existing short-term rental permit shall be made at least sixty (60) days prior to the expiration of the current short-term rental permit. All such applications shall be submitted to the Code Enforcement Officer on forms provided by the City and shall be accompanied by the required fee. 315.406 Permit Not Transferable: No short-term rental permit shall be transferable to another person or to another dwelling unit. Every person holding a short-term rental permit shall give notice in writing to the Code Enforcement Officer within five (5) business days after having legally transferred or otherwise disposed of the legal control of any dwelling unit for which a short-term rental permit has been issued. Such notice shall include the name and address of the person succeeding to the ownership or control of such dwelling unit. 315.407 Resident Agent Required: No short-term rental permit shall be issued without the designation of a local agent. The agent must live and work within 30 miles of the dwelling unit. The Agent may, but is not required to be, the owner. One person may be the agent for multiple dwelling units. At all times, the agent shall have on file with the Code Enforcement Officer a primary and a secondary phone number as well as a current address. The agent or a representative of the agent shall be available 24 hours a day during all times that the dwelling unit is being rented at the primary or secondary phone number to respond immediately to complaints and contacts relating to the dwelling unit. The Code Enforcement Officer shall be notified in writing within two (2) business days of any change of agent. The agent shall be responsible for the activities of the tenants and maintenance and upkeep of the dwelling unit and shall be authorized and empowered to receive service of notice of violation of the provisions of City ordinances and state law, to receive orders, and to institute remedial action to effect such orders, and to accept all service of process pursuant to law. 315.408 Denial of Short-Term Rental Permit: Any applicant aggrieved by the denial of a short- term rental permit or the non-renewal of an existing permit may appeal to the City Council. Such appeal shall be taken by filing with the City Manager within ten (10) days after the date of issuance of the written denial, a written statement requesting a hearing before the City Council and setting forth fully the grounds for the appeal. A hearing shall be held within thirty (30) days of receipt of the request. Notice of the hearing shall be given by the City Manager in writing, setting forth the time and place of hearing. Such notice shall be mailed, postage prepaid, to the applicant at his/her last known address at least five (5) days prior to the date set for hearing. 315.500 RESPONSIBILITY OF OWNERS: No owner shall undertake or allow the short-term rental of a dwelling unit in a Residential Use District that does not comply with all applicable City ordinances, the laws of the State of Minnesota, and this Section. It shall be the owner’s responsibility to ensure that all tenants, occupants, and guests comply with the following: 315.501 Maximum Overnight Occupancy: The number of overnight occupants allowed for a short-term rental shall be limited as set out below. Children under three (3) years of age are not be counted toward the limit. Business Regulations Prior Lake 315/p4 For lots of ½ acre or more if the livable square footage of the primary building is: under 1,500 square feet: 6 occupants 1,500 square feet to less than 2,000 square feet: 8 occupants 2,000 square feet or more: 12 occupants For lots of less than ½ acre: under 1,500 square feet: 4 occupants 1,500 square feet to less than 2,000 square feet: 6 occupants 2,000 square feet or more: 8 occupants 315.502 Off-Street Parking: The permitted premises shall contain off-street parking spaces equal in number to the number of bedrooms contained in the dwelling unit. The off-street parking requirement for a short-term rental permit on Twin Island shall be satisfied if: (i) the parking requirement in City Code Section 1104.309 (3) is met for the permitted premises; and (ii) the number of on-land parking spaces equal in number the number of bedrooms contained in the dwelling unit. (Amd. Ord. 116-19, publ. 09/17/2016) 315.503 Storage of Watercraft: No watercraft shall be permanently or temporarily placed or stored within the side yard setback of the permitted premises, as prescribed for the relevant zoning district by City Code Section 1102. 315.504 Maintenance Standards: Every dwelling unit used for short-term rental shall conform to all building and zoning requirements of the City Code, special permits issued by the City, and the laws of the State of Minnesota. 315.505 Rental Limit: No dwelling unit shall be rented out more than 5 times per calendar month. 315.506 Occupants: The agent shall maintain a list of all current occupants of each dwelling unit. The agent shall make the list available to City staff and/or law enforcement upon request. 315.600 DISORDERLY CONDUCT: 315.601 Disorderly Conduct Prohibited: Disorderly conduct is prohibited on all permitted premises. It shall be the responsibility of the owner to ensure that all tenants occupying the permitted premises and their guests conduct themselves in such a manner as not to cause the permitted premises to be disorderly. For purposes of this Section, disorderly conduct includes but is not limited to, a violation of any of the following statutes or ordinances: (1) Minn. Stat. §§ 609.75–609.76, which prohibit gambling; (2) Minn. Stat. §§ 609.321–609.324, which prohibit prostitution and acts relating thereto; (3) Minn. Stat. §§ 152.01–152.027, which prohibit the unlawful sale or possession of controlled substances; (4) Minn. Stat. § 340A.401, which prohibits the unlawful sale of alcoholic beverages; (5) Minn. Stat. § 340A.503, which prohibits the underage consumption of alcoholic beverages; (6) Minn. Stat. § 609.595, which prohibits damage to property; Business Regulations Prior Lake 315/p5 (7) Minn. Stat. §§ 97B.021, 97B.045, 609.66–609.67, and 624.712–624.716, and City Code Section 804, which prohibit the unlawful possession, transportation, sale, or use of a weapon; (8) Minn. Stat. § 609.72, which prohibits disorderly conduct, when the violation disturbs the peace and quiet of the other occupants of the permitted premises or other surrounding premises; (9) Minn. Stat. § 152.027, subd. 4, which prohibits the unlawful sale or possession of small amounts of marijuana; (10) Minn. Stat. § 152.092, which prohibits the unlawful possession or use of drug paraphernalia; (11) City Code Section 605, which prohibits public nuisances; (12) City Code Sections 803.200 and 803.300, which prohibit public drunkenness and disturbing the peace’ (13) City Code Sections 601.201 and 601.600, which prohibits littering on private or public property; (14) City Code Sections 802.901-802.903, which prohibits pets from running at large and requires immediate waste removal; (15) City Code Section 1102.700, which prohibits parking vehicles on required yard or landscape areas; (16) City Code Section 605.1006, which prohibits nuisance noise including additional restrictions between the hours of 10:00 p.m. and 7:00 a.m.; (17) Minnesota State Fire Code 302 and 307-307.5, which limit recreational fires to no larger than 3’X3’ feet, natural wood only, attended until extinguished, conditions permitting; and (18) Minn. Stat. §§ 624.20-624.21 which prohibits exploding fireworks. 315.602 Determination of Disorderly Conduct: (1) A determination that the permitted premises has been used in a disorderly manner as described in subsection 315.601 shall be made by the Code Enforcement Officer upon evidence to support such a determination. It shall not be necessary that criminal charges are brought to support a determination of disorderly use, nor shall the fact of dismissal or acquittal of such a criminal charge operate as a bar to adverse permit action under this Section. (2) Upon determination by the Code Enforcement Officer that a permitted premises was used in a disorderly manner, as described in subsection 315.601, the Code Enforcement Officer shall notify the owner and agent by certified mail of the violation and direct the owner and/or agent to take appropriate action to prevent further violations. Business Regulations Prior Lake 315/p6 (3) If a second instance of disorderly use of the permitted premises occurs within one year of an incident for which notice in subsection 315.602(2) was given, the Code Enforcement Officer shall notify the owner and agent by certified mail of the violation and shall also require the owner and agent to submit within 15 days a written report of the actions taken, and proposed to be taken, by the owner and/or agent to prevent further disorderly use of the permitted premises. (4) If a third incident of disorderly use of the permitted premises occurs within one year after the second of any two previous instances of disorderly use for which notices were sent to the owner and agent pursuant to this subsection, the short-term rental permit may be revoked, suspended, or not renewed. An action to revoke, suspend, or not renew a permit under this subsection 315.600 shall be initiated by the Code Enforcement Officer in the manner described below. 315.700 PERMIT SUSPENSION OR REVOCATION: 315.701 Procedure: (1) Every short-term rental permit issued under this Section is subject to suspension or revocation by the City Manager for any violation of this Section or any other ordinance of the City or the law of the state. (2) The Code Enforcement Officer may recommend suspension or revocation of a short-term rental permit to the City Manager. The City Manager shall review the recommendation and the reasons supporting the recommendation and may suspend or revoke the permit. The City Manager shall provide written notice to the owner and agent of the suspension or revocation. The notice shall inform the owner and agent of the right to appeal the decision of the City Manager to the City Council. (3) Any applicant aggrieved by the suspension or revocation of a short-term rental permit may appeal to the City Council. Such appeal shall be taken by filing with the City Manager within ten (10) days after date of issuance of the written suspension or revocation notice, a written statement requesting a hearing before the City Council and setting forth fully the grounds for the appeal. A hearing shall be held within thirty (30) days of receipt of the request. Notice of the hearing shall be given by the City Manager in writing, setting forth the time and place of hearing. Such notice shall be mailed, postage prepaid, to the applicant at his/her last known address at least five (5) days prior to the date set for hearing. 315.702 Effect of Suspension or Revocation: If a short-term rental permit is suspended or revoked, it shall be unlawful for anyone to thereafter allow any new short-term rental occupancies of the dwelling until such time as a valid short-term rental permit is restored by the City. 315.703 Effect of Revocation: No person who has had a permit revoked under this Section shall be issued a short term rental permit for one year from the date of revocation. 315.800 APPEAL: The decision of the City Council to deny, suspend, or revoke a short-term rental permit following a hearing as provided for in subsections 315.408 or 315.701 can be appealed by petitioning the Minnesota Court of Appeals by a writ of certiorari. Business Regulations Prior Lake 315/p7 315.900 Posting: The following language shall be posted at or near the entrance of every short term rental dwelling unit. The posting shall be printed in a minimum 18 point font. All short term rental of dwelling units shall comply with City Code Section 315. These posted regulations are a summary of a portion of the short term rental regulations. For additional information please refer to City Code Section 315 or contact City Hall.  No person shall undertake the short-term rental of any dwelling unit without a City permit.  The property lines of this unit are marked or identified as follows:_________________________  Every permitted premises shall have an agent within 30 miles available during all times the unit is rented, 24 hours a day at the following phone numbers: _____________ and/or________________ to respond immediately to complaints and contacts relating to the dwelling unit.  The Maximum Overnight Occupancy for this dwelling unit is: _________ occupants. Not counting children under three (3) years of age.  No watercraft shall be permanently or temporarily placed or stored within the side yard setback of the permitted premises.  Disorderly conduct is prohibited. All disorderly conduct will be reported to the property’s agent and the Prior Lake Police Department.  Increased noise regulations are in place between the hours of 10 p.m. and 7 a.m.  Littering is prohibited.  Recreational fires are limited. Please check with the City to determine what prohibitions exist for current conditions.  Any violation of this Section shall constitute a misdemeanor. 315.1000: PENALTY: Any person who undertakes or allows any violation of this Section shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine or by imprisonment, or both, in accordance with the provisions of Minnesota State Statutes. Business Regulations Prior Lake 315/p8 This Section Left Intentionally Blank