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HomeMy WebLinkAbout2016-06-26 Ordinance 2016-401-07 CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA ORDINANCE NO. 2016 401 - 07 AN ORDINANCE AMENDING CHAPTER 401, ZONING ORDINANCE TO ADD LANGUAGE RELATED TO TRANSIENT LODGING IN SECTION 401.02.B DEFINITIONS AND 401.15.M HOME OCCUPATIONS THE CITY COUNCIL OF OAK PARK HEIGHTS ORDAINS: SECTION 1. Section 401.02.B Definitions, is amended to include the following: 401.02. B DEFINITIONS. Family: An individual or two (2) or more persons related by blood marriage, or adoption or a group of not more than three (3) persons who need not be related by blood or marriage living together in a dwelling unit except for transient guests being accommodated in a bed and breakfast or transient lodging facility. (The number of persons herein defined are the basis upon which performance standards are established within this Ordinance). Transient Lodging: A building or facility constructed solely as a single family home and where compensation of any kind is provided to the owner or their designee in exchange for periodic lodging to transient guests. Transient Guest(s): A person or persons who maintains a permanent residence not in the transient housing and rents or occupies a room or home for a limited duration of less than thirty-one days. SECTION 2. Section 401.15.M Home Occupations, is amended to read as follows: Section 401.15 M, Home Occupations: 4. Transient Lodging. Transient Lodging shall be considered in all Residential Districts with the issuance of a Conditional Use Permit according to Section 401.03.A.7 and that the following criteria are satisfactory met. a. General Provisions. Only a detached single family home may be utilized for transient lodging consistent with the terms and conditions found herein: 1) The facility shall have a State issued license for lodging and/or food service, and/or comply with and maintain all health, safety, building, and fire codes as may be required or applicable by the Building Official. The owner is responsible to ensure the facility is code compliant. 2) The owner may or may not occupy the structure while such facility is being utilized as a transient lodging facility. There shall be a limit of three transient guests per bedroom and a limit of three bedrooms for transient lodging in the facility. 3) All bedroom units shall be established within a principal structure or accessory structure. 4) No transient lodging facility shall be located closer than at least five hundred (500) feet from other bed and breakfast facilities and/or transient lodging as measured from property lines. 5) Dining and other facilities shall not be opened to the public but shall be used exclusively by the registered guests of the facility. 6) Two (2) off-street parking spaces shall be provided for the facility plus one for each bedroom over two bedrooms. No parking spaces shall be located in the front yard of the property, other than on an existing driveway. All parking areas shall be improved with asphalt, concrete, or materials suitable to control dust and drainage as approved by the City Engineer. 7) All signing and informational or visual communication devices shall be in compliance with Section 401.15.G of this Ordinance and/or as may be restricted by the City Council. 8) Adequate lighting shall be provided between the principal structure and the parking area for the safety of guests. 9) Any excessive occupant noise reported to the City and in violation of City Code shall receive a warning on the first offense and a citation on the second. Continued citations shall be grounds for the suspension or revocation of use permits by the City Council. 10)All transient lodging conditional use permits may be reviewed, including site inspections, by the Building Official at any time. If violations of City ordinances, Building Code, Fire Code or conditions of approval are found, the City Administrator shall schedule a public hearing of the City Council to review the conditional use permit and conditions. Upon review, the City Council may revise or cancel the conditional use permit. 11)Any applicable lodging or room tax as established by City Ordinance shall be paid by the owner of the property to the City. 5. Non-Conforming Use. Existing home occupations and transient lodging lawfully existing on the date of this Ordinance may continue as non- conforming uses. They shall, however, be required to obtain permits for their continued operation. Any existing home occupation or transient lodging that is discontinued for a period of more than thirty(30) days, or is in violation of the Ordinance provisions, under which it was initially established, shall be brought into conformity with the provisions of this Section. 6. inspection. The City of Oak Park Heights hereby reserves the right upon issuing any home occupation or transient lodging permit to inspect the premises in which the occupation is being conducted to insure compliance with the provisions of this Section or any conditions additionally imposed. SECTION 3. The Planning Commission of the City of Oak Park Heights held public hearings at their June 9, 2016 and July 14, 2016 meetings, took comments from the public, and recommended that the City Council approve amendments to the home occupation provisions to include transient housing. SECTION 4. This Ordinance shall be in full force and effect upon its passage and publication. PASSED this 26'" day of July, 2016 by the City Council of the City of Oak Park Heights. CITY OF OAK PARK HEIGHTS / , E G , J t -4-'". M-ry , • ber, Mayor A /A(' ric .. ohnson, City Administrator