Sample City Ordinances: Duluth

Accessory Home Share Permit Regulations

Definition: Accessory home share – A habitable room or space in an owner-occupied dwelling offered for trade or sale, whether for money or exchange of goods or services, for periods of 29 days or less.

NOTE: Accessory Home Share Permits are for property owners who will be generally present during the time of their guests’ stay. If you will not be present during your guests’ stay you must be approved for a Vacation Dwelling Unit Interim Use Permit.

Application Requirements:

Bring the documents listed below to the One Stop Shop, City Hall Room 210.

Questions can be directed to a Land Use Technician at 218-730-5240.

The applicant for an Accessory Home Share Permit must provide evidence of possession of the following permits and licenses before an Accessory Home Share Permit may be issued:

• Obtain a Hotel/Motel License from the City Clerk’s office by calling 218-730- 5500 or visiting http://duluthmn.gov/licenses-permits/hotelmotelbbmotor-court-license/.
• Obtain a Lodging License from the State Department of Health by calling Sara Schaffer, 218-302-6184, or visiting http://www.health.state.mn.us/divs/eh/food/license/index.html.
• Obtain a Fire Operational Permit from the City’s Fire Prevention by calling 218- 730-4397 or 218-730-4399.
• Obtain a permit for City of Duluth Tourism Tax by contacting Ruthann Grace in the City Treasurers office at 218-730-5047 or [email protected] or visiting www.duluthmn.gov/finance/tourism-taxes/.
• Obtain State Tax Identification Numbers by calling 651-282-5225 or visiting http://www.revenue.state.mn.us/businesses/Pages/Business-Registration.aspx.

The Applicant must also provide the following documents:

• Signed affidavit for verification of owner occupancy during guest rental.   
• A floor plan of the dwelling unit identifying which room(s) will be rented.   
• A site plan indicating location of parking spaces.
• A completed Application Cover Sheet with required fee.

Application materials will be reviewed for completion and compliance with the Accessory Home Share Permit Standards listed below.

Accessory Home Share Permit Standards:

An accessory home share may be created within those districts shown where allowed by Table 50.19.8 provided these standards are met:

1. The rental or purchase period shall be for 29 days or less.
2. The maximum number of overnight guests allowed is 4 persons in addition to the owner occupants.
3. The Permit shall expire upon change in ownership of the property or one year from issuance date, whichever occurs first.
4. At least one permanent resident must be generally present on or about the premises at all times that the property is rented.
5. A permit holder may not advertise an accessory home share for an accessory structure that is a storage shed or garage.
6. A permit holder may not advertise an accessory home share in any area exterior to the dwelling unit without a principle dwelling.
7. Permit holder must keep a guest record including the name, address, phone number, and vehicle (and trailer) license plate information for all guests and must provide a report to the City upon 48 hours’ notice.
8. Permit holder must disclose in writing to their guests the following rules and regulations:
   1. a. The maximum number of guests allowed at the property;
   2. b. The maximum number of vehicles allowed at the property and where they are to be parked;
   3. c. Property rules related to use of exterior features of the property, such as decks, patios, grills, recreational fires, pools, hot tubs, saunas and other outdoor recreational facilities;
   4. d. Applicable sections of City ordinances governing noise, parks, parking and pets (see document titled “Selected City Ordinances on Parking, Parks, Pets & Noise”)
9. Permit holder must post their Permit number on all print, poster or web advertisements;
10. Violations of the home share permit requirements are subject to Section 50-39 Enforcement and Penalties of the UDC.

Minnesota State Building Code Requirements

The following summarizes applicable Minnesota State Building Code regulations for vacation rental units as defined in the Duluth Unified Development Chapter. Contact a Plans Examiner in the Construction Services Division at 218/730-5300 with questions about building code requirements.

One and Two Family Dwellings: Use of existing one and two family dwellings not more than three stories above grade plane in height with separate means of egress as an accessory home share is not a change of use for purposes of building code applicability.

Additions, alterations and repairs to one and two family dwellings not more than three stories above grade plane in height with separate means of egress must comply with the Minnesota State Residential Code.

The Minnesota Accessibility Code does not apply to one or two family dwellings. Owners of vacation rental properties should research federal regulations related to accessibility.

Three and More Dwelling Units: Conversion of apartments in buildings with three or more units to rentals of less than 30 days duration is a change of use from an R-2 occupancy (permanent) to an R-1 occupancy (transient.) A permit is required for a change of use and plans and a code summary prepared by a Minnesota licensed architect showing compliance with applicable provisions of the Minnesota State Building Code must be submitted for review with the permit application.

Required alterations will vary with each building. Owners should consult with a licensed architect for an evaluation of changes needed to comply with applicable building code provisions.

Selected City Ordinances on Parking, Parks, Pets & Noise

Thanks for choosing to visit our wonderful city. The summary of ordinances below was assembled to answer commonly asked questions related to vehicle parking, park use, pets and noise. We hope you enjoy all that Duluth has to offer and that you’ll return again soon!

Vehicle Parking Rules:

Sec. 33-82.       Prohibitions generally.

(c)          No person shall, for the purpose of camping, lodging, or residing therein, leave or park a vehicle or motor vehicle on or within the limits of any highway or on any highway right-of-way, except where signs are erected designating the place as a camp site;

Sec. 33-85.       Parking more than 24 consecutive hours prohibited.

No vehicle shall be left standing or parked more than 24 consecutive hours on any street or highway within the city.

Sec. 33-97.8. Alternate side parking.

Except where signs direct otherwise, all vehicles parked on streets in Duluth must observe the alternate side parking program to enable street cleaning, plowing, and other maintenance. All vehicles must be parked on the side of the street designated for parking for the week with house numbers that are either odd or even, see http://www.duluthmn.gov/ for the designation of “odd” or “even” side parking for the week. The following week vehicles must be parked on the opposite side of the street. Every Sunday between the hours 4:00 p.m. and 8:00 p.m. shall be a changeover period and the provisions of this Section shall not be in force during such time.

Park Rules:

Sec. 35-9.3.      Use of parks between certain hours prohibited without prior registration. Nearly all parks and beaches in Duluth are closed to public use after 10:00 p.m., including the beaches along Park Point.

Sec. 35-6.          Vehicles, parking and recreational trails and paths.

• No person shall operate any motor vehicle or bicycle or ride a horse in any area of any park except on the roadway portion of streets, or highways, or parking areas in such park.

Many of the trails in Duluth are reserved for specific users year round or only during certain times of the year. This information is posted near trailheads to designate where bicycles, skis, and hikers are allowed. Direction of travel for trails may also be designated. Please observe these rules.

Additionally, winter use of ski trails within the City of Duluth requires that users have a DNR Ski Pass. See http://www.dnr.state.mn.us/licenses/skipass/index.html for more info. on obtaining this pass.

Sec. 35-7.          Setting fires, prohibited.

• Except as provided in this Section, no person shall start or maintain any fire or hot coals in any park other than in designated park grills or privately owned grills suitable for the purpose for which they are used;

(c)          The director of parks and recreation or the fire chief may ban all burning, including burning in grills, in parks at times of high fire danger.

It is a violation of this section to create a recreational fire on the beaches of Park Point.

Sec. 35-8.          Prohibited activities.

Within any public park, no person shall:

• Discharge any firearm, air gun, crossbow, bow and arrow, slingshot or other missile firing device, provided that the director of parks may, by written permit, authorize archery exhibitions and contests
• Do any hunting or trapping or in any other manner disturb or injure or attempt to disturb or injure any animal, including birds;
• Urinate or defecate anywhere but in a proper toilet facility;
• Throw, deposit or place or cause to be thrown, deposited or placed any papers, bottles, cans or any other garbage or waste at any place except into a trash container;
• Tip over any trash container or otherwise cause the contents of a trash container to be deposited on the ground;
• Possess any glass beverage container while outside of a motor vehicle;
• Consume alcoholic beverages or possess opened or unopened alcoholic beverages.

Sec. 35-2.          Animals running at large, animal control.

• No dogs, cats or other domestic pets shall be allowed to run at large upon any park. Dogs, cats and other domestic pets shall be considered to be at large if they are not under control of the owner or other responsible person by means of a leash of suitable strength not exceeding six feet in length;
• The director of parks and recreation may designate any park or area in a park as prohibited to pets or other animals. Any area so designated shall be clearly marked by signs indicating such prohibition. No person owning, controlling or caring for any animal shall allow such animal to enter any park area where such animal is prohibited.

Sec. 35-3.          Fastening animals to fences, trees, etc., prohibited.

No person shall tie or fasten any animal to any fence, building, railing, tree, shrub or plant in or upon any park in the city.

Pet Rules:

Sec. 6-33.          Animal noise.

(a)          No person shall harbor or keep any dog which, by loud and frequent or habitual barking, yelping or howling shall cause reasonable annoyance of another person or persons;

Sec. 6-36.          Running at large prohibited.

No person shall suffer or permit any animal owned or controlled by that person to run at large within the city.

Sec. 6-38.          Animal litter.

• The owner of any animal or any person having the custody or control of any animal shall be responsible for cleaning up any feces of the animal and disposing of such feces in a sanitary manner;
• It is unlawful for any person owning, keeping or harboring an animal to cause said animal to be on property, public or private, not owned or possessed by such person without having in his/her immediate possession a device for the removal of feces and depository for the transfer of animal feces to a receptacle located on property owned or possessed by such person. A device may include a plastic or paper bag which is used to recover animal feces;

• It is unlawful for any person in control of, causing or permitting any animal to be on any property, public or private, not owned or possessed by such person to fail to remove feces left by such animal to a proper receptacle located on the property owned or possessed by such person;
• For the purposes of this Section, the term public property includes, without limitation, streets, sidewalks, boardwalks, trails, boulevards, playgrounds and parks;

Noise Rules:

Sec. 34-5.          Disturbing the neighborhood.

No person, within the city, shall keep a dwelling, gaming area, party room, or meeting area which attracts people to the neighborhood at times or in such a manner that their arrival or leaving or activities while in the neighborhood result in an unreasonable disturbance of the usual peace, quiet, comfort, or decency of the neighborhood.

Sec. 34-6.          Disorderly conduct.

• No person shall commit or suffer to be committed in any apartment or other dwelling owned, occupied or controlled by him, any rioting, quarreling, fighting, reveling, shouting, loud music or electronically amplified noise, or disorderly conduct which disturbs or annoys another person in a neighboring apartment or other dwelling, or in a neighboring building, or lawfully in the vicinity of said neighboring dwelling or building;
  • No person within any public or private place shall take part in or incite or encourage any brawling, shouting, dancing, or noise production, which unreasonably disturbs others lawfully in the vicinity.

Sec. 40-10.       Definitions, User Charge for Excessive Consumption of Police Services.

Nuisance event. An event requiring special security assignment in order to protect the public peace, health, safety and welfare. A nuisance event includes, but is not limited to, the following:

• Loud and boisterous conduct, noises and activities that disturb the peace;
• Events between 11:00 p.m. and sunrise which disturb the peace and tranquility of the neighborhood;
• Congregating in a tumultuous, noisy or rowdy crowd;
• Fighting or use of obscene or inflammatory language;
• Loud music constituting a nuisance or disturbing the peace;
• Activities causing excessive pedestrian or vehicular traffic and parking problems and congestion.

AFFIDAVIT

Date:____________________________

Purpose:       Verification of Owner Occupancy during guest rental

Address: ________________________________   Parcel ID#: __________                                                                        

(PRINT FULL NAME)_________________________________ personally came and appeared before me, the undersigned Notary, the within named (PRINT FULL NAME)__________________________________________________________

who is the owner and occupant of the above address makes this his/her statement and General Affidavit upon oath and affirmation of belief and personal knowledge that the following matters, facts and things set forth are true and correct to the best of his/her knowledge:

• I am currently the whole or partial owner of the above listed address and I reside at the address and will abide by the requirements for owner occupancy during the rental of the property as an accessory home share listed in UDC Sec. 50-20.5.G.

Dated this ____________ day of __________ , 20___

Signature of Affidavit Petitioner:_____________________________________________                                                           

Sworn to subscribed before me, this_________ day of__________, 20____

Signature of Notary Public:__________________________________                                                                     

After Submitting Your Application

1. Determination of Completeness. Within 15 business days of your application, you should expect to:
   1. Receive an “Applicant Letter,” which acknowledges a complete application, shares the date of the Planning Commission meeting and the assigned staff person, and notifies you of state-mandated deadlines for the City to make a decision, OR
   2. Receive notification that your application is incomplete, with details on further information to submit.

• Public Notice. A mailed notice will be sent by the City to property owners within 350 feet.

You are required to post a sign notice on the property at least two weeks before the date of the public hearing. See UDC Section 50-37.1.H for information on size, placement, and content of each sign; you may want to contact a sign company or printing company to have the sign made. You must provide evidence that the signs were in place; submit photo(s) of the signs to the Planning Division at least two weeks before the date of the public hearing.

• Staff Review. Planning staff will evaluate your application and prepare a staff report. When considering a recommendation for an interim use, Planning Staff generally review the Comprehensive Plan (including the Future Land Use Map, Governing Principles, and Policies), surrounding land uses and zoning, individual factors that are unique or special to the proposal, compliance with any approved district plan for the area, any additional UDC criteria, and other related factors.
• You will receive an email with the Planning Commission agenda and a link to this staff report about 5 days prior to the meeting.
• Planning Commission Hearing. Planning Commission meetings are scheduled at 5:00 pm on the second Tuesday of each month. We ask that applicants or an agent attend this meeting.

The Planning Commission will hold a public hearing and make a recommendation to adopt, adopt with modifications, or deny the application.

• City Council Decision. The Planning Commission recommendation will be forwarded to City Council in the form of a resolution. City Council will make a decision whether to approve the permit, approve it with modifications, or deny it.

The City Clerk’s office will send notice of the Council action to the applicant.

• Development Agreement. Interim Use Permits require a development agreement, to be finalized and signed after City Council approval. Staff will discuss the format and content of the development agreement with you. Alternatively, a development agreement can be done prior to submitting your application; let Planning staff know if you would prefer this.

Note that other city codes may apply to your project. Please be aware of any applicable Building Code (Construction Services Division), Fire Code (Life Safety Division), and stormwater/engineering (Engineering Division) regulations. The zoning approval may be only the first step in a several step process.

Application Manual Updated April 2018

Vacation Dwelling Unit Worksheet (April 2018)

1. The minimum rental period shall be not less than two consecutive nights. What will be your minimum rental period?   nights

2. The total number of persons that may occupy the vacation dwelling unit is one person plus the number of bedrooms multiplied by two.

How many legal bedrooms are in the dwelling? What will be your maximum occupancy?

____________________________________ ___________________________________

3. Off-street parking shall be provided at the following rate:

• 1-2 bedroom unit, 1 space
• 3 bedroom unit, 2 spaces
• 4+ bedroom unit, number of spaces equal to the number of bedrooms minus one.
• Vacation dwelling units licensed on May 15, 2016, are entitled to continue operating under the former off- street parking requirement. The parking exemption for vacation dwelling units licensed on May 15, 2016, expires upon transfer of any ownership interest in the permitted property.

How many off-street parking spaces will your unit provide? __________________                      

4. Only one motorhome (or pickup-mounted camper) and/or one trailer either for inhabiting or for transporting recreational vehicles (ATVs, boat, personal watercraft, snowmobiles, etc.) may be parked at the site, on or off the street. Will you allow motorhome or trailer parking? If so, where?

_______________________________________________________________________

5. The property owner must obtain all licenses and permits from the City of Duluth and State of Minnesota required for guest occupancy on the property for 2 to 29 days. Provide copies of the lodging and fire inspection reports with your initial application.

• Mn Department of Health Lodging License (Requires Inspection)
• City of Duluth Fire Operational Permit (Requires Inspection)
• City of Duluth Hotel/Motel License
• City of Duluth Tourism Tax Number
• State of Mn Tax Identification Number

6. The property owner must provide required documents and adhere to additional requirements listed in the City of Duluth’s UDC Application Manual related to the keeping of a guest record, designating and disclosing a local contact, property use rules, taxation, and interim use permit violations procedures.

7. The property owner must provide 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, pool, hot tub, or sauna, and provide detail concerning the provision of any dense urban screen that may be required to buffer these areas from adjoining properties. Please note that this must be on 8 x 11 size paper.

8. The interim use permit shall expire upon change in ownership of the property or in six years, whichever occurs first. An owner of a vacation dwelling unit permitted prior to May 15, 2016, may request, and the land use supervisor may grant, an application for adjustment of an existing permit to conform to this section, as amended, for the remainder of the permit term.

9. Permit holder must keep a guest record including the name, address, phone number, and vehicle (and trailer) license plate information for all guests and must provide a report to the City upon 48 hours’ notice. Please explain how and where you will keep your guest record (log book, excel spreadsheet, etc):

______________________________________________________________________________________________

10. Permit holder must designate a managing agent or local contact who resides within 25 miles of the City and who has authority to act for the owner in responding 24-hours-a-day to any complaints from neighbors or the City. The permit holder must notify the Land Use Supervisor within 10 days of a change in the managing agent or local contact’s contact information. Please provide the name and contact information for your local contact:

_______________________________________________________________________________________________

11. Permit holder must disclose in writing to their guests the following rules and regulations:

• The managing agent or local contact’s name, address, and phone number;
• The maximum number of guests allowed at the property;
• The maximum number of vehicles, recreational vehicles, and trailers allowed at the property and where they are to be parked;
• Property rules related to use of exterior features of the property, such as decks, patios, grills, recreational fires, pools, hot tubs, saunas and other outdoor recreational facilities;
• Applicable sections of City ordinances governing noise, parks, parking and pets;

Please state where and how this information will be provided to your guests:

____________________________________________________________________________________________________________________________________________________________

____________________________________________________________________________________________________________________________________________________________

12. Permit holder must post their permit number on all print, poster or web advertisements. Do you agree to include the permit number on all advertisements? ___________________________________________________________________                                                                                                               

13. Prior to rental, permit holder must provide the name, address, and phone number for the managing agent or local contact to all property owners within 100’ of the property boundary; submit a copy of this letter to the Planning and Community Development office. In addition, note that permit holder must notify neighboring properties within 10 days of a change in the managing agent or local contact’s contact information.

14. Prior to rental, the building must be inspected and an Operational Permit issued by the Fire Prevention office. Permit holder must apply for and be granted State and local sales tax numbers, including Hotel and Motel Use Sales Tax, as discussed in item number 5 above; submit a copy of these approvals to the Planning and Community Development office.

50-20.3.U. Vacation Dwelling Unit (Use Specific Standards from the UDC)

1. The minimum rental period shall be not less than two consecutive nights;
2. The total number of persons that may occupy the vacation dwelling unit is one person plus the number of bedrooms multiplied by two;
3. Off street parking shall be provided at the following rate:
4. Vacation dwelling units licensed on May 15, 2016, shall provide the following minimum number of off street parking spaces:

• 1-2 bedroom unit, one space; 3-4 bedroom unit, two spaces; 5+ bedroom unit, three spaces.
• Vacation dwelling units licensed after May15, 2016, shall provide the following minimum number of off street parking spaces:
• 1-2 bedroom unit, one space; 3 bedroom unit, two spaces; 4+ bedroom unit, number of spaces equal to the number of bedrooms minus one.
• Vacation dwelling units licensed on May 15, 2016, are entitled to continue operating under the former off-street parking requirement. The parking exemption for vacation dwelling units licensed on May 15, 2016, expires upon transfer of any ownership interest in the permitted property.

5. Only one motorhome (or pickup-mounted camper) and/or one trailer either for inhabiting or for transporting recreational vehicles (ATVs, boat, personal watercraft, snowmobiles, etc.) may be parked at the site, on or off the street;

6. The property owner must obtain all licenses and permits from the city of Duluth and state of Minnesota required for guest occupancy on the property for two to 29 days;

7. The property owner must provide required documents and adhere to additional requirements listed in the city of Duluth’s UDC application manual related to the keeping of a guest record, designating and disclosing a local contact, property use rules, taxation, and interim use permit violations procedures;

8. The property owner must provide 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, barbecue grill, recreational fire, pool, hot tub, or sauna, and provide detail concerning the provision of any dense urban screen that may be required to buffer these areas from adjoining properties;

• Any vacation dwelling unit that will be located in a multi-family structure that has nine or more dwelling units shall:
• Make available 24-hour staffing at a front desk that is accessible to all tenants;
• If determined applicable by the Land Use Supervisor, provide a letter from a duly established Home Owner’s Association stating the support of the Home Owner’s Association Board of Directors for the vacation dwelling unit, and enumerating any Home Owner’s Association rules to be incorporated into the interim use permit;
• The interim use permit shall expire upon change in ownership of the property or in six years, whichever occurs first. An owner of a vacation dwelling unit permitted prior to May 15, 2016, may request, and the land use supervisor may grant, an application for adjustment of an existing permit to conform to this section, as amended, for the remainder of the permit term.

Additional Contacts

To comply with the new Interim Use Permit you will also need to do the following, if you have not already done so:

1.) Obtain a Hotel/Motel License from the City Clerk’s office by calling 218-730-5500 or visiting http://duluthmn.gov/licenses-permits/hotelmotelbbmotor-court-license/.

2.) Obtain a Lodging License from the State Department of Health by calling Sara Schaffer, 218-302-6184, or visiting http://www.health.state.mn.us/divs/eh/food/license/index.html.

3.) Obtain a Fire Operational Permit from the City’s Fire Prevention by calling 218-730- 4397 or 218-730-4399.

4.) Obtain State Tax Identification Numbers by calling 651-282-5225 or visiting http://www.revenue.state.mn.us/businesses/Pages/Business-Registration.aspx.

5.) Obtain a permit for City of Duluth Tourism Tax by contacting Ruthann Grace in the City Treasurers office at 218-730-5047 or [email protected] or visiting www.duluthmn.gov/finance/tourism-taxes/.

CITY OF DULUTH

DEPARTMENT OF PLANNING & CONSTRUCTION SERVICES

Community Planning Division

411 West First Street – Room 208 – Duluth, Minnesota 55802-1197 218-730-5580 – An Equal Opportunity Employer

What kind of Short-Term Rental Permit do I need?

This document will explain the two ways the City of Duluth permits short-term rentals and provides a web link to the application procedures for each.

Short-term rentals in Duluth fall into two categories with the primary difference being whether or not the property owner resides on the premises while the guests are present:

• Accessory Home Share
• Vacation Dwelling Unit

Property owner lives in the home during the rental

If the property owner permanently resides at the property during the rental period and they want to rent a room to guests they would apply for an Accessory Home Share permit. A maximum of 4 guests can stay for up to 29 days with an Accessory Home Share Permit. Safety inspections will be required before the permit is issued. This permit must be renewed annually.

This type of permit requires that at least one permanent resident be generally present on or about the premises at all times while the property is being rented.

Renting the entire home without property owner being present

If the property owner wants to rent out the entire property without being present while it is rented a Vacation Dwelling Unit Interim Use Permit is the application to seek. This type of a permit requires guests to stay for a minimum of two nights and rent for up to 29 days. Off- street parking is required based on the total number of bedrooms.

This permit requires a public hearing and approval by the City Council and, if approved, is in place for up to 6 years. Safety inspections will be required before the permit is issued

*Please note that based on direction from the Duluth City Council, only 60 vacation dwelling unit permits will be approved. As of August 15, 2016, over 30 permits have been issued.

 What’s next after determining the type of permit that works best for me?

Additional rules and procedures for Accessory Home Share and Vacation Dwelling Units can be found under the heading of “Short-Term Rental Permits” at http://www.duluthmn.gov/community-planning/land-use-zoning-applications/applications/

If you’re interested in a Vacation Dwelling Unit Interim Use Permit, please call to schedule a pre-application meeting with a member of our team at 218-730-5580.

A pre-application meeting is not necessary when applying for an Accessory Home Share permit, but if you have questions please call a Land Use Technician located in our One Stop Shop at 218-730-5240.