Ordinance 602 Short Term Rentals UpdateCITY OF MENDOTA HEIGHTS
DAKOTA COUNTY, MINNESOTA
ORDINANCE NO. 602
AMENDING Trl'LE 3: BUSINESS AND LICENSE REGULATIONS, CHAPTER 5: RENTAL
HOUSING, ARTICLE A: SHORT TERM RENTALS
The City Council of the City of Mendota Heights does ordain:
Section 1. City Code Title 3 —BUSINESS AND LICENSE REGULATIONS is hereby amended by
adding the underlined and removing the striked language within Chapter 5: RENTAL HOUSING,
Article A: SHORT TERM RENTALS as follows:
ARTICLE A. SHORT TERM HOME RENTALS
SECTION:
3-5A-1: Purpose And Scope
3-5A-2: Definitions
3-5A-3: Authorization And General Licensing Provisions
3-5A-4: Conditions Of License
3-5A-5: Enforcement
3-5A-6: Exemptions
3-5A-7: No Warranty By City
3-SA-1: PURPOSE AND SCOPE:
It is the purpose of this chapter to assure that short-term home rental of dwelling units in the
City's n 1 ~~ r� �'y residen$al zoning districts isare conducted, operated, and maintained so as
not to become a nuisance to the surrounding neighborhood or an influence that fosters blight and
deterioration or creates a disincentive to reinvest in the community. The City recognizes that
short-term rentals provide an opportunity for residents to use their property to generate
supplemental income; and, when properly managed, short-term rentals have a minimal impact on
surrounding properties. When not properly managed, short-term rentals have the capacity to
generate noise, traffic, and trash beyond what is typically present in a residential neighborhood
creating a nuisance. These issues can be especially acute when the owner of the property does
not reside in the home. In order to promote the health, safety, general welfare, aesthetics, and
image of the community, the City facilitates and regulates the use of residential properties for
short-term rentals by requiring the licensure of short-term rentals. (Ord. 591, 12-3-2024)
3-SA-2: DEFINITIONS:
For the purpose of this chapter, the following terms shall be defined as set forth below:
BEDROOM: A habitable room within a single-family dwelling which is used, or intended to be
used, primarily for the purpose of sleeping, but shall not include any kitchen or dining room. The
room shall have a method of egress in addition to the primary entry door to the room in
accordance with the Minnesota Residential Building Code.
DWELLING: A building or one or more portions thereof occupied or intended to be occupied
for residential purposes; but not including rooms in motels, hotels, nursing homes, boarding
houses, tents and recreational vehicles, or attached multiple- family dwellings.
DWELLING UNIT: A residential accommodation located within a dwelling that includes
permanently installed cooking, sleeping, and sanitation facilities, designed or intended for use as
living quarters for a single family. Dwelling units subject to this chapter are defined as being
detached dwelling units in the R-1 one -family zoning district.
OCCUPANT: A person who lives or sleeps in a dwelling unit.
OPERATOR: either an owner or an occupant renting their primary residence as a short term
home rental.
OWNER: Any person having a legal or equitable interest who is the recorded or unrecorded
owner, or otherwise has control, of the dwelling unit.
PRIMARY RESIDENCE: A dwelling unit where the propefty occupant lives in the
property for more than six months a year; qualifies fer Homestead tax elassifieation as defifte
by MN Statutes 273.124 axid as determined by then Dakota Geenty ^ .,..e.,so .
RENT: To permit occupancy of a dwelling unit by a person other than the legal owner thereof,
pursuant to a written or unwritten agreement, whether or not a fee is required by the agreement.
SHORT TERM HOME RENTAL: The furnishing for consideration of lodging to tourist or
transient guests in a dwelling or dwelling unit, where the renting or letting for occupancy is for a
temporary period of time that is thirty (30) consecutive calendar days or less.
SHORT TERM HOME RENTAL GUEST: Any person who, at their own expense or at the
expense of another, exercises occupancy or possession, or is entitled to occupancy or possession,
by reason of any rental agreement, concession, permit, right of access, option to purchase,
license, time-sharing arrangement, or any other type of agreement for a period of thirty (30)
consecutive calendar days or less. (Ord. 591, 12-3-2024)
3-5A-3: AUTHORIZATION AND GENERAL LICENSING PROVISIONS:
A. Authorization. Rental of all or a portion of a primary residence as a short term home rental
by an ewnero e�ator to a short term home rental guest is allowed as provided by this Section 3-
5A, following the issuance of a license as set forth herein.
B. General Licensing Provisions,
1. License Required:
a. No property shall be used as a short-tefmshort term home rental without a license
issued by the City. The license once issued shall be valid for a period of one year from the date
of issuance and must be renewed annually. This requirement applies to short term home rentals
unless exempted pursuant to Section 3-5A-6 .
2. License Application:
aI Application for a license shall be made to the City upon a form furnished by the City.
An o eratorpersen who has been issued a rental license shall give notice, in writing, to the city
administrator, within five (5) business days of any change in the information contained on the
license application.
3. License Fees:
a. Licensing fees shall be prescribed as set forth in the City's fee schedule, and maintained
on file in the office of the city administrator. The required fees shall be submitted along with the
application for a new or renewal license. Applications for a renewal license submitted after the
license term expiration are subject to a penalty fee.
4. License Terms:
a.
All short term
home
rental
licenses shall be valid for
a period of one calendaz yeaz,
except
as otherwise provided
herein
or in cases of suspension
or revocation.
b. In order to be issued a license the applicant must submit the following application
materials:
(A) Name and address of the short term home rental property, the operator, and the
property owner.
(B) Either a signed statement that the operator is the owner of the property or a signed
statement from the owner attesting that the operator has authorization to operate the property as a
short term home rental.
lQ Name, address, and phone number of a local agent authorized to be the emergency
contact for the property and accessible at all times, and to make or order repairs or services for
the property if in violation of City or State Codes, if the person is different than the
ewnero e� rator.
(C)- (D) Number of bedrooms.
(Bk(E) Maximum number of occupants.
{l).Ca Signed agreement that the City has permission to access exterior areas of the
property when responding to a reported violation of the standards in this section in order to
ascertain if a violation has occurred.
-(F)-(G)
Verification that there are not any unresolved Code Enforcement or Property
Maintenance cases.
—(C
} (H) Affidairit Evidence of Residency to verify primary residence: Applicants for
short term home rental licenses are required to submit evidence and sign an affidavit of residency
attesting that the home isused as a primary residence and acknowledging that subsequent
discovery of non -residency shall be ground for immediate revocation of the license. Evidence of
residency must be in writing and may include homestead tax status a lease agreement a
mortgage statement, or similar.
(I) uL Listing services where the short term home rentalis advertised.
Such other and further information as the City Council may require if applicable.
III F
g5. License Issuance: The City shall issue a short term home rental license if real estate
taxes and municipal utility bills for the dwelling unit have been paid, and the City has no record
of unresolved complaints regarding the property subject to the short term home rental license.
The short term home rental license must be in compliance with all standards of this Chapter.
�6. Renewal Of License: An operator lieensee-may continue to rent a dwelling unit after the
expiration date of the rental license provided that the-esynef o ep rator has filed with the city
administrator, on or before the expiration date, the appropriate renewal license application and
license fee, and provided that the City has no record of unresolved complaints regarding the
property subject to the rental license.
87. Transfer Of License: A short term home rental license shall not be transferable to
another person or to another dwelling unit. Each license shall automatically terminate upon the
sale or other conveyance of the property to an unlicensed person or entity. (Ord. 591, 12-3-2024)
3-SA-4: CONDITIONS OF LICENSE:
All �'��-�.*�� short term home rental unit owners and operators must comply with the following:
A. Performance Standards:
1.
The
short term
home rental dwelling unit
shall have a maximum of five (5) bedrooms.
Only
one (1)
bedroom
may be larger 280 square
feet in size.
2. The maximum occupancy within the short term home rental dwelling unit shall be two
(2) persons per bedroom in bedrooms less than 280 square feet in size. For a bedroom that is
larger than 280 square feet, the maximum occupancy may be up to four (4) persons.
3. Short term home rental reservations must have a minimum two (2) night stay.
4. The maximum number of vehicles that may be parked overnight on the property shall be
consistent with the Property Maintenance Code. Vehicles in garages shall not be counted towards
total number of vehicles.
5. The-oyviero e� of a �'-�*�m short term home rental dwelling unit must provide
sufficient waste collection containers and service for the short term home rental dwelling unit in
order to meet the demand of the unit's occupants, including both primary residents and short
term home rental guests, The -owner -operator shall be solely responsible for ensuring that waste
is properly collected, stored, and made available for regular collection. Waste may not be stored
outside of approved containers. All waste containers must be stored, screened, and collected in
accordance with Section 12-5-8 of this Code.
6. Listings advertising the property's availability for rent must state the license number,
maximum occupancy permitted by the license, and the maximum number of vehicles that may be
parked overnight on the property.
7. Ensure that all short term home rental dwelling units have working smoke detectors and
carbon monoxide alarms) installed in accordance with Minnesota Statutes Sections 299F.362
and 29917.51, and in accordance with the Minnesota Residential Building Code and Minnesota
State Fire Code. Additionally, each unit shall have at least one properly maintained and charged
fire extinguisher located in an easily -accessible location which is clearly marked and which is
made known to the temporary occupants.
8. Provide and post the following information in a conspicuous place within each .at*o .,*� m
short term home rental dwelling unit:
a. Emergency contact information for the short term home rental dwelling unit
ewneFo ep rator;
b. Emergency contact information for the short term home rental dwelling operator -Local
agent, efif applicable;
c. The street address of the short term home rental dwelling unit;
d. A Floor Plan of the short term home rental dwelling unit indicating exits, escape routes,
and the location of all fire extinguishers;
e. The maximum occupancy limits of the short term home rental dwelling unit; and
£ A parking map showing all allowable parking locations serving the property.
9. An ewnero en rator must, as a continuing obligation, maintain a current register of short
term home rental guests that includes the following information: a record of the dates the unit
was rented, the number of short term home rental guests during the rental periods, and the
amount of rent paid by the short term home rental guests in connection with the rental of the
short term home rental dwelling unit. This record shall be kept by the ewnerooerator for at a
minimum of one year. In the license application or any application for license renewal, the owner
must designate the name, address, and telephone number of the person or persons who will have
possession of the register, and must notify the City Administrator or designee of any change in
the identity(ies), address(es), or telephone number(s) of such person or persons. The register
must be available for inspection by the City Administrator or designee at all reasonable times
and in the case of an emergency.
10. No short term home rental dwelling unit maybe rented to any person who is under the
age of 25. The person who rents the unit must provide a telephone number to the ewneF-er
operator and must be accessible to the ewneFer operator by telephone during the short term
home rental period.
11. If the short term home rental dwelling unit includes a swimming pool, spa, or hot tub,
the owner or operator must obtain licensing from the Minnesota Department of Health.post--a
near -sign the pool spa, r hot t..b indieating tt...t :t is « • livened or inspeeted by the Ste 4
..v City: the iij-or- t:.c-'irr
12. The short term home rental dwelling unit must have a visible house number that can be
easily seen from a public street during the day and at night.
13. The short tern home rental dwelling unit must complvComply-with all applicable city,
state, and federal laws, statutes. ordinances, Hiles and regulations.
14. The operator shall Rremit all applicable local, state, and federal taxes, including, but not
limited to applicable lodging tax.
15. The city must be provided with accurate and up to date information regarding the name
and contact information for the short term home rental dwelling unit ewaerand operator and
local agent, if applicable. If the operator's contact information changes, updates must be filed
with the city within 30 days of the date of the change.
B. Conduct On Licensed Premises: Disorderly Conduct: It is the responsibility of the
ovmffo ep rator to ensure that persons occupying the licensed premises conduct themselves in
such a manner so as not to cause the premises to be disorderly or constitute a nuisance. The
owner-eroperator of the ^ho#4^---short term home rental dwelling unit is responsible to ensure
that the property remains in compliance with the City's nuisance regulations. (Ord. 591, 12-3-
2024)
3-SA-5: ENFORCEMENT:
The application for a short term home rental license will be reviewed by the City Administrator
or their designee.
A. Inspections: The City Administrator or their designee shall conduct inspections of the short
term home rental dwelling unit to determine the compliance with the applicable provisions of
this code. An inspection is required prior to the initial issuance of the license. The City may
conduct inspections of the short term home rental dwelling unit upon submittal of a license
renewal application. The code official or designated representative may enter, examine, and
survey at all reasonable times all short term home rentals dwelling units and premises after
obtaining consent from an owner or occupant of the premises.
B. Violations:
1. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation
of any of the provisions of this Section or other provisions of this Code.
2. The code official shall serve a notice of violation on the lieenseeoperator and property
owner. If the notice of violation is not complied with, the code official shall institute the
appropriate proceeding at law or in equality to restrain, correct or abate such violation, or to
require the termination of the unlawful occupancy of the structure in violation of the provisions
of this chapter or of the order or direction made pursuant thereto.
3. A short term home rental license maybe revoked or suspended for violations of this
section.
4. The imposition of the penalties herein prescribed shall not preclude the city attorney from
instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal
occupancy of a building in violation of this section, structure or premises, or to stop an illegal
act, conduct, business or utilization of the building, structure or premises.
5. The operator and property owner of record shall be jointly responsible for any city costs
in enforcing the provisions of this chapter including inspection fees, or other fees, charges or
penalties that are unposed as permitted by law.
C. License Suspension Or Revocation, Or Refusal To Renew:
1. In the event of any potential health or safety violations, the code official may suspend the
license until the violation is corrected.
2. If a property with a short term home rental receives three notices of violation within a
365-day period, its short term home rental license shall be revoked. The license may be revoked
after a single violation if the violation is not immediately corrected pursuant to a notice of
violation.
3. No person who has had a permit revoked under this Section shall be issued a short term
home rental license for one year from the date of revocation.
D. Appeal: The licensee operator or property owner may appeal the occupancy limit, parking
limit, denial, suspension, or revocation to the City Council. The lieensee ep rson appealingto o the
City Council must file with the city clerk a notice of appeal within ten days of an issaaaee,
denial, suspension, or the action being appealed. The Council shall consider the appeal
at a regularly scheduled council meeting on or after 15 days from service of the notice of appeal
upon the City Clerk by the e . Hearing on the appeal shall be open to the public-,eftd4The
licensee operator or property owner shall have the right to appear and be represented by legal
counsel and to offer evidence in behalf of licensure. At the conclusion of the hearing, or as soon
thereafter as practicable, the Council may order:
1. The denial, suspension, or revocation of the license.
2. The denial, suspension, or revocation by the code official be lifted and the license be
issued or returned to the'ie seeowner or operator.
3. Additional terms, conditions and stipulations to be imposed on the license to mitigate
problems. (Ord. 591, 12-3-2024)
3-SA-6: EXEMPTIONS:
This Chapter does not apply to:
A. Hotels, motels, bed and breakfasts, nursing homes, or state licensed residential care
facilities.
B.
Individual sleeping rooms within an
otherwise owner -occupied residence, or rentals where
the owner
is present for the duration of the
rental. (Ord.
591, 12-3-2024)
3-SA-1: NO WARRANTY BY CITY:
By adopting and undertaking to enforce this Chapter 3-SA, neither the city, nor its elected
officials, employees, consultants, contractors, or agents warrant or guaranty the safety, fitness, or
suitability of any rental dwelling or rental dwelling unit in the city. Owners and short term home
rental guests should take appropriate steps to protect their interests, possessions, health, safety,
and welfare. (Ord. 591, 12-3-2024)
Section 2. Effective date.
This ordinance shall be effecfive immediately following adoption and publication according to
law.
ADOPTED this 16a' day of September, 2025 by the City Council for the City of Mendota
Heights,
CITY COUNCIL
CITY OF MENDOTA HEIGHTS
Stephanie B. Levine, Mayor
ATTEST:
N cy Bauer, City Clerk