HomeMy WebLinkAboutOrdinance No. 4448 - Second Reading: Ordinance creating Chapter 7-6 relating to Short Term Rental Hosting Platforms
ORDINANCE NO. ____
AN ORDINANCE CREATING CHAPTER 7-6 OF TITLE 7 OF THE
ROCHESTER CODE OF ORDINANCES RELATING TO SHORT TERM
RENTAL HOSTING PLATFORMS.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER ORDAINS:
Section 1. Chapter 7-6 of the Rochester Code of Ordinances is hereby created to read
as follows:
Sec. 7-6-1 – Definitions.
Whenever used in this chapter the following words shall have the meanings indicated.
Building inspector. The director of building safety or any of his authorized representatives
and assistants.
License. A short-term rental hosting platform license.
Short term rental (STR) hosting platform. A person or entity that participates in the short
term rental business by providing, and collecting or receiving a fee for, booking services
through which an owner may offer a dwelling unit, or a portion thereof, for tourist or
transient use. Hosting platforms usually, though not necessarily, provide booking services
through an online platform that allows an owner to advertise the dwelling unit through a
website provided by the hosting platform and the hosting platform conducts a transaction
by which potential tourist or transient users arrange tourist or transient use and payment,
whether the tourist or transient pays rent directly to the owner or to the hosting platform.
Short Term Rental - Owner Occupied. A dwelling unit, or a portion of a dwelling unit,
rented for less than 30 days, in which at least one of the owners is occupying the site
during the rental period, and is registered as an owner-occupied short term rental with the
City of Rochester.
Short Term Rental - Non-Owner Occupied. A dwelling unit, or a portion of a dwelling unit,
rented for less than 30 days, in which the owner is not present during the rental period,
and holds a short term rental certificate with the City of Rochester.
Sec. 7-6-2 - License required.
(a) No person shall engage in the activity of a short-term rental in the city without obtaining
a registration certificate as provided in section 7-5-1. Single-family owner occupied short
term rentals are required to be registered only. All other short-term rental are required to
be registered and inspected per Chapter 7-5.
(b) Short term rentals in multi-family buildings with three or more (3+) units would be
prohibited as a primary use (these would be considered hotels). Structures with three or
more (3+) units require building code classification change from an “apartment building”
where occupants are primarily permanent in nature to “hotel/transient housing.”
Structures with five or more (5+) beds would be classified by the Department of Health
as “lodging” or “hotel” and require a lodging license.
1
(c) SHORT TERM RENTAL REGULATION TABLE
# of STR Rental State Building Building or 2020 State
Lodging
Property Dwelling Registration Property Code portion thereof Accessibility
License
Type Units Required Inspection Occupancy Reclassification Code
Required
Allowed Required Classification Required Requirements
Owner
Occupied IRC-1,
Single 1 Yes No IRC-3, or No None
Family R-3
Building
Lodging
Non-Owner license
Occupied IRC-1, required if
Single 1 Yes Yes IRC-3, or No None structure
Family R-3 rents five or
Building more (5+)
beds
Lodging
license
Duplex required if
IRC-2, or
3
Building 2 Yes Yes No None structure
R-3
rents five or
more (5+)
beds
Lodging
license
Triplex required if
2,3
Building 2 Yes Yes R-2 No None structure
rents five or
more (5+)
beds
Lodging
license
Four-Plex
required if
2,3
Building 2 Yes Yes R-2 No None
structure has
five or more
(5+) beds
Multifamily
Building
25% of Yes Yes R-2 Yes, R-1 2% Accessible Lodging
with more
dwelling Units license
than Four
2,4,5
units required
Units
1
Federal and other accessibility standards may apply.
2
If more than number stated is requested, Community Development would consider this change
to be a change of use (due to modifying more than 25% of the units), and would require the project
to go through the applicable change of use review process.
3
For the purposes of this table it is assumed that the number of occupants within the two dwelling
unit does not exceed 10 total.
4
This includes condominium units. Due to building code requirements and local condominium
association rules, two condominium units are permitted to be used as short term rentals.
Thereafter, additional condominium units used as short term rentals must apply for a building
reclassification through Community Development.
5
If two or less units are used as short term rentals, reclassification or additional 2020 State
Accessibility regulations would not be applied.
Sec. 7-6-3- Short-term rental and short-term rental hosting platform license
fee.
(a) All other short term rentals are required to be registered and inspected per Section 7-
5-5.
(b) The annual fee for the issuance or renewal of a short-term rental hosting platform
license shall be as is listed in the license fee schedule. The building inspector may,
through the license fee schedule, impose a lesser annual fee for a short term rental
hosting platform that lists or will list no more than one-hundred fifty (150) dwelling units at
any given time. The license fee shall be paid as a precondition to issuance or renewal of
the license.
Sec. 7-6-4 - Short-term rental application.
All short term rental applicants are required to adhere to requirements of Section 7-5-4.
Sec. 7-6-5. - Short-term rental qualifications for license.
All short-term rental applicants are required to adhere to requirements of Section 7-5-5
(a).
Sec. 7-6-6 - Short-term rental, investigation and issuance.
All short-term rentals are required to adhere to requirements of Section 7-5-6.
Sec. 7-6-7 - Adverse license action.
All short-term rentals are required to adhere to requirements of Section 7-5-20.
Section 2. This ordinance shall become effective from and after its publication.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS __________ DAY OF _______________, 2021.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: __________________________
CITY CLERK
APPROVED THIS _____ DAY OF ______________________, 2021.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord15\\7-16.ShortTermRental.Final.docx