short term home rental licensing …5bfef821...type c vacation rental, then the fee is $525 (license...

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SHORT TERM HOME RENTAL

LICENSING INSTRUCTIONS

INITIAL LICENSE The City of Stillwater adopted Ordinance No. 1093 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 (651.430-8820) 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 email 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 (651.430-8823 or [email protected]) 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.

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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 form.

iii. 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,

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please contact Alison Egger, Assistant Finance Director [email protected]

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 $500.00. The fine for the third shall be $750.00 and this third offense shall also result in automatic license revocation.

May 12, 2017 Page 1 of 2


ZONING CHECKLIST

License application fee: $300.00

Date paid: _________________

Receipt number: ____________

Section A. To be completed by the applicant.

Owner’s Name: _____________________________________

Owner’s Address: ____________________________________

Owner’s Phone#: _________________________________

Owner’s Email: ___________________________________

Operator’s Name: ____________________________________

Operator’s Address: __________________________________

Operator’s Phone#: _______________________________

Operator’s Email: _________________________________

Site Address:

Short Term Home Rental type desired (circle only one): Type A Type B Type C

For B and C’s- The owner or operator must be within a 30 minute drive of the property when guests are present.

Address while guests are present: _____________________________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 2 of 2

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. Property NOT eligible to apply for a STHR license or renewal

City staff Comments:

Staff member’s Name (Printed):

Review date:

Staff member’s signature:

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INSPECTION REPORT

Owner’s Name: __________________________________

Operator’s Name: ________________________________

Owner’s Phone#: ________________________

Operator’s Phone#: ______________________

Site Address:

# Bedrooms: All legal bedrooms?

Inspectors’ Names (Printed): Initial Inspection Date:

Building Inspector Signature: Re-inspection Date:

Fire Inspector Signature: Final Approval Date

Yes

No

Co

rrec

ted

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 24”

2. 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.

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Yes

No

Co

rrec

ted

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 2034.

(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 no greater than 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 120oF by a temperature-limiting device in accordance with ASSE 1070/CSA B125.3. 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:

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Yes

No

Co

rrec

ted

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

May 12, 2017 Page 1 of 2


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: ____________________________Public phone number: _______________________

Property owner’s email: _____________________________________________________________________________

B. Operator’s information

Operator’s name: __________________________________________________________________________________

Operator’s street address: ___________________________________________________________________________

Operator’s mailing address: __________________________________________________________________________

Operator’s phone number: _________________________________Public phone number:_______________________

Operator’s email: __________________________________________________________________________________

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? _____________________)

7. Address while away? (if applicable) ______________________________________________________

May 12, 2017 Page 2 of 2

D. Facility information

1. Number of legal 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 1093. Applicant’s signature: _______________________________________ Date: ____________________________

216 4th Street N, Stillwater, MN 55082 Phone: 651-430-8800 Fax: 651-430-8810www.ci.stillwater.mn.us

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.

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.

Process

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

http://www.ci.stillwater.mn.us/

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.

216 4th Street North Stillwater MN 55082

651-430-8800

www.ci.stillwater.mn.us

__________________________________________________________________________________________

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.

Email

Signature

(Signature is required)

If other than property owner

Representative ______________________________________

Mailing Address _____________________________________

City - State – Zip _____________________________________

Telephone No. _______________________________________

Email ____________________________________________

Signature __________________________________________

(Signature is required)

jsundberg

Typewriter

$200

http://www.ci.stillwater.mn.us/

Checklist for Planning Applications

Planning Staff can help determine what materials are necessary. Planning Department 651-430-8820 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.

May 12, 2017


GUEST DISCLOSURE -- SAMPLE

This form lists the information Ordinance 1093 requires in your “guest disclosure”. You will need to generate your own information sheet that you will place in a prominent place for your guests. I.e. the kitchen counter or entry way.

______________________________________________________________________________

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) 651.351-4950

iii. Police department (non-emergency) 651.351-4900

8. Useful websites

i. Stillwater Convention and Visitor’s Bureau http://www.discoverstillwater.com/

ii. Stillwater Independent Business Association http://www.mainstreetstillwateriba.com/

iii. Stillwater Area Chamber of Commerce http://greaterstillwaterchamber.com/

May 12, 2017 Page 1 of 1

SHORT TERM HOME RENTAL LICENSE

DATE OF ISSUANCE: __________

LICENSE No. __________

License to operate a Short Term Home Rental within the City of Stillwater, MN

A. Property Information

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: __________________

DRAFT

City w

ill iss

ue

Local Lodging Tax ReturnCITY OF

STILLWATER This tax is mandated by The City of Stillwater Ordinance #990MINNESOTA

Please make check payable to the " City of Stillwater "Mail this form along with a check for the amount due (Line 8) to the address below.

Establishment Name(Not Corporate Name)Mailing Address (Street): Minnesota Sales Tax Account Number (7digits)

City State Zip

Reporting Period:From

Due Date:

Reporting period is one of the calendar year quarters The due date is 30 days following the end of the calendar quarter

LODGING TAX

1 Gross Lodging Sales

2 Less: Exclusions Written leases for 30 days or more and othertax exempt lodgings per City Code

3 Less: Lodging Bad Debts

4 Plus: Collected Bad Debts

5 Total Taxable Lodging Sales Line 1 - Line 2 - Line 3 + Line 4

6 Lodging Tax Due Line 5 X 3%

PENALTY AND INTEREST (IF APPLICABLE)

7 Penalty If payment is not made by the due date, Line 6 X 10%

8 Interest If payment is not made by due date,( (Line 6 + Line 7) X 8%) ÷ 365) X Days past due.

9 Total Penalty and Interest Due Line 7 + Line 8

TOTAL LODGING TAX, PENALTY AND INTEREST

10 TOTA OL AM UNT DUE Line 6 + Line 9Please make check payable

to City of Stillwater

I declare and certify under penalty of law tha I have examined this statement and that to the best of my knowledge and belief, it is true and complete.

Signature _______________________________________ Title (Print) ____________________________

Name of Preparer (Print) _____________________________________ Date _______________________

Pnone __________________________________________ E-mail ________________________________

Finance Department City of Stillwater Phone: 651-430-8829Fax: 651-430-8750E-mail: [email protected]

Jenn Sundberg 216 North 4th Street Stillwater MN 55082

aegger

Typewritten Text

Form Version 09.16.2014

Lodging Taxes The City of Stillwater lodging tax applies to the sales of transient lodging accommodations and

related services for a period of fewer than 30 days at an establishment (such as but not limited to

hotels, motels and bed & breakfasts) located within the City limits. (See the City’s

of Stillwater’s Ordinance Number 990 for further details).

Listed below is the Lodging Tax instructions & form. If you have any questions, please contact

Finance Department at 651-430-8800.

City of Stillwater Local Lodging Tax The City of Stillwater lodging tax applies to the sales of transient lodging accommodations and related services for a period of fewer than 30 days at an establishment (such as but not limited to hotels, motels and bed & breakfasts) located within the City limits. (See the City’s of Stillwater’s Ordinance Number 990 for further details). The tax is separate and is in addition to the 6 ½% state sales tax. Amounts paid for transient lodging accommodations provided within the City limits are subject to the tax regardless of where the payments or reservations are made. Payments or reservations made in the City of Stillwater for lodging outside the City limits are not subject to the City’s lodging tax. A Local Lodging Tax Return form must be completed quarterly (calendar quarter) by each establishment providing transient lodging even if there were no sales during the period. The completed form and the payment of the lodging tax are due to the City no later than 30 days after the end of the quarter. See City of Stillwater’s Ordinance Number 990 for failure to file.

Instructions for Lodging Tax Return The following instructions are to assist preparers in completing the City of Stillwater Lodging Tax Return form: Line 1 Gross Lodging Sales List the total of all transient lodging sales that occurred during the period. Line 2 Less: Exclusions List all sales that are exempt from the lodging tax. See attached for a list of sales that are exempt

from lodging tax during the period. Line 3 Less: Lodging Bad Debts List all lodging sales that were uncollectible during the period. Line 4 Plus: Collected Bad Debts List all lodging sales that were previously uncollectible and were then subsequently collected during

the period. Line 5 Total Taxable Lodging Sales Line 1 (Gross Lodging Sales) less Line 2 (Exclusions), less Line 3 (Lodging Bad Debts) and add

Line 4 (Collected Bad Debts). Line 6 Lodging Tax Due Multiply Line 5 (Total Taxable Lodging Sales) by 3% (City Lodging Tax). Line 7 Penalty If the payment is not made by the due date, multiply Line 6 (Lodging Tax Due) by 10%. Line 8 Interest If the payment is not made by the due date, add Line 6 (Lodging Tax Due) to Line 7 (Penalty), then

multiply the result by 8%. The result is the yearly interest amount. Then divide the yearly interest amount by 365 (days of the year). This result is the daily interest amount. Then multiply the daily interest by the number of days the payment is late.

Line 9 Total Interest and Penalty Due Add Line 7 (Penalty) and Line 8 (Interest) Line 10 Total Amount Due Add Line 6 (Lodging Tax Due) and Line 9 (Total Penalty and Interest Due) If you need further assistance, please call Alison Egger at the City of Stillwater’s Finance Department. Jennifer can be reached at 430-8813.

City of Stillwater Local Lodging Tax Tax Exempt Revenues 1. Tax exempt revenues include lodging revenues received for lodging accommodations for a period of

more than 30 days. 2. Amounts paid for the use of real property for purpose other than lodging (i.e. Lease of a meeting room). 3. Tax exempt revenues include lodging billed directly to and paid for by the federal (State and local

governments are taxable) government and its agencies. Federal employees also may pay for their lodging directly through the use of a credit card. Sales charged on a federal employee’s credit are not taxable if the bill is paid directly by the federal government. If the bill goes directly to the federal employee, the sale is taxable. In order to qualify for tax exempt status, it is not sufficient for a person to identify themselves as a federal employee, produce a business card, or present a tax exempt certificate.

4. Foreign Consular Officials

Supporting documentation (i.e. Copies of credit cards, credit card numbers, IDs etc.) evidencing tax exempt status should be retained for six years. This support must be produced during an audit performed by City staff to allow the exclusions.

Sec. 31-514.1. - Short-term home rental regulations.

Subd. 1. Purpose. The purpose of this Section 31-514.1 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.

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 31-504 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 payment in full of the required license application fee. The 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 items found in this Section 31-514.1 are satisfied. That includes:

a. Proper zoning as found in Subd. 6; and

b. Performance standards as found in Subd. 7.

ii. 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.

iii. 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 31-514.1, 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.

Short Term Home Rental

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 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.

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 31-217 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 identifying which rooms will be used as transient guest bedrooms.

iii. The licensee certifies on the application form that all applicable items found in this Section 31-514.1 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.

iv. No more than a total of thirty-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, 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

vi. 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 review the license request and all objections, as a new business item, at its next regularly scheduled meeting.

(2). After considering the license request and 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 31-514.1, 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.

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.



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 31-217 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.


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 31-204 and 31-207 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 identifying which rooms will be used as transient guest bedrooms.

iii. 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 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.

iv. The Conditional Use Permit applicant must certify on the city application form that all applicable items found in this Section 31-514.1 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 to renting a home on a short term basis (see Section 31-514.1, 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.

vi. 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 31-514.1 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.

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.



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.


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 31-217 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 31-504 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 Zoning Districts. Short Term Home Rentals are allowed by city license in all Residential Zoning Districts. Type C Short Term Home Rentals require both a license and a Conditional Use Permit. 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 allowed by city license in the CBD Zoning District. They also require a Special Use Permit or Conditional Use Permit. If a Special or Conditional Use Permit already exists for the property, one specifically for the Short Term Home Rental use is not required for Type A and B Short Term Home Rentals. A Conditional Use Permit specifically for the Short Term Home Rental is required prior to issuance of a Type C license.

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 31-504 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 must be notified within 10 days of a change in the managing agent/representative or their contact information. The licensee must provide the name, address and phone number for the licensee or managing agent/representative to all property owners within 150 feet of the property boundary. The licensee must notify neighboring properties within 10 days of a change in the managing agent/representation or contact information.

H. Garbage. As required by City Code Chapter 30-1, Subd 5, all garbage must be kept in rubbish containers that are stored out of view of a public street.

I. Signage. No signage is allowed on the property of a Type A, B or C Short Term Home Rental. Type D is allowed signage as regulated in Section 31-504 of this Chapter.

J. Events. Events are not allowed to be hosted by transient guests on the premises. For purposes of this Section 31-541.1, an event means a gathering on the premises of more than three un-registered transient guests. Events hosted by the property owner are allowed, but must abide by all applicable city ordinances and polices, including the prohibition on renting private residential property out for events.

Subd. 8. Required inspections.

A. Type A, B and C Short Term Home Rentals.

1. These types of short term home rentals are required to have, and pass, a health and safety code inspection by city building and fire code staff prior to issuance of a license or renewal of the license.

2. The list of health and safety items that will be inspected for this purpose will be included amongst license application materials so that the licensee will know in advance what items will be inspected.

3. Upon receipt of a complaint, the city zoning administrator will contact the licensee and will determine whether a compliance inspection is required.

B. Type D short term home rentals (aka bed & breakfast).

1. This type of Short Term Home Rental is required to have inspections as regulated by Section 31-504.

Subd. 9. Limit on number of licenses. No more than a total of thirty-five licenses may be valid at any one time for Type A Short Term Home Rentals. No more than a total of thirty-five licenses may be valid at any one time for Type B Short Term Home Rentals. No more than fifteen licenses may be valid at any one time for Type C Short Term Home Rentals. Type D Short Term Home Rentals are required to have a Special Use Permit, but no license is required.

Subd. 10. Sales taxes. In addition to state sales tax, the licensee is required to pay the city lodging tax.

A. The city lodging tax must be collected and paid either by the web based booking company that the Short Term Home Rental is listed on, or by the licensee directly to the city if the Short Term Home Rental does not use a web based booking service.

B. The license application must supply information on any web based booking service(s) used for the licensed property.

C. The licensee, or booking agent on their behalf, is required to pay the city lodging tax quarterly. If no sales are made during a quarter, a report must none the less be submitted to the city stating that no sales were made or lodging tax collected during that quarter.

Subd. 11. Interchangeability. A licensee may use the license to operate any Short Term Home Rental type equal to or less restrictive than the one for which the license is issued. Therefore, if an owner is issued a Type C license, the property is permitted to operate as a Type C, B or A. And, a Type B license allows the owner to operate as a Type B or A. However, a Type D owner may only operate as a Bed & Breakfast.

Subd. 12. Enforcement.

A. In the event of a violation or threatened violation of this ordinance, the city, in addition to other remedies, is entitled to seek Injunctive Relief or proceedings to prevent, restrain, correct or abate such violations or threatened violations.

B. The penalty for violation of this Section 31-514.1 shall be a Misdemeanor.

C. In addition to penalty provisions A and B above, the fine for the first substantiated and relevant complaint or violation shall be $250.00. The fine for the second shall be $500.00. The fine for the third shall be $750.00 and this third offense shall also result in automatic license revocation.

(Ord. No. 1093, § 1, 5-2-17; Ord. No. 1101, §§ 1—4, 1-16-18)

short term home rental licensing …5bfef821...type c vacation rental, then the fee is $525 (license...

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