Ord 581 Short Term Rental MoratoriumCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 581
AN INTERIM ORDINANCE CREATING A MORATORIUM FOR SHORT-TERM
RENTAL USES WITHIN MENDOTA HEIGHTS
The City Council of the City of Mendota Heights does ordain:
Section 1. Findings and Purpose.
1. Pursuant to Minnesota Statutes section 462.357, the City has the authority to regulate the
use of land through the adoption and enforcement of official controls.
2. Pursuant to Minnesota Statutes section 462.355, the City has the authority to adopt an
interim zoning ordinance for the purpose of protecting the planning process and the
health, safety and welfare of its citizens.
3. The City desires to protect the planning process by providing sufficient time for its
review of the City's zoning code and licensing ordinances prior to any further short-term
rental activity occurs.
4. The City desires to protect the planning process by ensuring that any ordinance changes
need not be expedited and that all issues related to short-term rentals (i.e. deterioration of
housing, nuisance activities, and general complaints) can be completely examined.
5. The City desires to protect the public health, safety, and welfare of its citizens by its
study of its official controls in these areas.
6. The City finds that City Code Title 3, Chapter 5 does not adequately define and address
short term rentals.
7. The City Council deems it necessary to adopt an Interim Ordinance placing a moratorium
on all Short -Term Rental uses for a period of 12 months from the effective date of this
Interim Ordinance to permit the planning process to take place and to allow City staff, the
Planning Commission, and the City Council sufficient time to study the issue and update
the City's processes.
Section 2: Temporary Restrictions on Short -Term Rentals.
1. During the moratorium no person, firm, partnership, corporation or other legal entity
shall operate a residential short-term rental within the City.
2. Short-term rentals are a form of lodging and related services, subject to Minnesota sales
tax under Minnesota Statutes, section 297A.61, subdivision 3(g)(2).
3. Short-term rentals as defined by the beforementioned statute, for purposes of this
ordinance, shall be deemed rental of any single-family attached or detached dwelling for
a period of thirty days or less.
4. This moratorium shall not apply to any hotel, motel, nursing homes, or other care
faculties.
5. This moratorium shall exclude short term rentals legally in operation prior to this
moratorium.
Section 3: Intent and Authorization.
is the intent of this ordinance to allow the City of Mendota Heights time to complete an
in-depth study concerning adoption of revisions of the City Code and official processes
related to short-temi rentals.
2. City staff is directed and authorized to conduct a study of the City Code and official
controls that may need to be adopted or amended to protect the public health, safety, and
welfare as they relate to short-term rentals.
Section 4: Enforcement. The City may enforce this Ordinance by mandamus, injunctive relief,
or other appropriate civil remedy in any court of competent jurisdiction. The City Council hereby
authorizes the City Administrator, in consultation with the City Attorney, to initiate any legal
action deemed necessary to secure compliance with this Ordinance. A violation of this Ordinance
is also subject to the City's general penalty in City Code Section 14-1.
Section 5: Effective Date. This ordinance shall take effect immediately upon its passage and
shall remain in effect until September 19, 2024, or until the adoption of the official controls
being studied, whichever occurs first.
Section 6: Severability. Every section, provision, or part of this Interim Ordinance is declared
severable from every other section, provision, or part thereof to the extent that if any section,
provision, or part of this Ordinance shall be held invalid by a court of competent jurisdiction, it
shall not invalidate any other section, provision, or part thereof.
ADOPTED this � day of ���ft/YI {�°V 2023 by the City Council for the City of Mendota
Heights,
CTTY COUNCIL
CTTY OF MENDOTAPHEI4GHTS
J Cr/u(✓�C.✓
Stephanie B. Levine, Mayor
ATTEST:
Christine Lusian;�ity Clerk
227483v4