ORDINANCE NO. __________




The city of Duluth does ordain:

     Section 1. That Section 29A-32 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Sec. 29A-32.     Licenses--terms and conditions.

     (a)  Each license shall be displayed in a conspicuous place within the common way or near the main entrance of the dwelling and shall state the name, address and telephone number of the owner or managing agency which is managing the dwelling. No license shall be transferred to another dwelling or rental unit;

     (b)  If there is a change in either ownership or management of a dwelling, the person or agency managing such dwelling prior to such change in ownership or management shall give written notice of the name and address of the new owner and/or manager to the building official;

     (c)  A new license shall be issued to the dwelling for the remainder of the license period with the name of the new manager and/or owner upon payment of the required fee and submission of all required application forms;

     (d)  Any licensed one-family or two family dwellings in a district zoned R-1-a, R-1-b or R-1-c shall provide a minimum of two off street parking spaces. In addition, for each additional bedroom in excess of three, there shall be provided one additional off street parking space. Any off-street parking spaces shall comply with the standards for off-street parking set forth in Section 50-26. The number of required off-street parking spaces shall be determined by the building official at the time of licensure;

     (e)  Except as otherwise provided in this Section, any licensed one-family or two-family dwelling, lawfully existing on September 1, 2007, may continue to be so used even though such use does not conform to the provisions of this Section. If the number of bedrooms is increased in a licensed one-family or two-family dwelling located in a district zoned R-1-a, R-1-b or R-1-c after September 1, 2007, the off-street parking requirements of this section shall apply to the entire licensed property. If the license for such non-conforming use is revoked or lapses for any period of time, any subsequent licensed use must comply with all provision of this Chapter;

     (f)  Except as otherwise provided, in areas zoned R-1-a, R-1-b or R-1-c, no license shall be issued for any dwelling, structure, rooming house, rental unit or housekeeping unit, within a distance of 300 feet from any other licensed dwelling. The distance restriction shall not apply to a two-family dwelling as defined by Chapter 50-1.20 in which an owner thereof occupies one of the dwelling units; except that no rental occupancy shall be allowed in such owner occupied dwelling unit;

     (g)  In areas zoned R-2, R-3 or R-4, no license shall be issued for any single-family dwelling within a distance of 300 feet from any other licensed single-family dwelling;

     (h)  Any licensed dwelling, structure, rooming house, rental unit or housekeeping unit lawfully existing on (date ordinance goes into effect) may continue, even though such use does not conform to the provisions of this Chapter. If the license for such non-conforming use is revoked or lapses for any period of time, any subsequent licensed use must comply with all provisions of this Chapter;

     (i)  In all residentially zoned districts restrictions shall not apply to short-term licenses. Except as otherwise provided, the building official may issue short-term licenses for a period not to exceed 12 consecutive months. A short-term license may not be issued more frequently than once in any three year period. Such short-term licenses shall be applied for in the same manner as other rental licenses and all rental requirements for such dwelling unit shall otherwise meet all rental licensing requirements. A short-term license may be issued for any single-family or two-family dwelling under the following circumstances:

           (1)  The owner is the current occupant of the dwelling unit, and

           (2)  For professional, educational or military service reasons the owner intends to reside in another community located at least 50 miles from the dwelling unit, and

           (3)  The owner provides sufficient evidence of such intention to temporarily relocate to the building official. Such evidence may include, but is not limited to written offers of employment, employment transfer directives, letter of acceptance from an educational institution, or military orders.

     A short-term license may be extended for an additional six months period provided that an application for extension is received prior to the expiration of the short-term license and adequate evidence justifying such an extension is submitted with the application. The building official shall act upon such application for extension within 15 business days of delivery of the application.

     The action of the building official is subject to appeal as provided in Section 29A-34.

     Section 2. That this ordinance shall take effect 30 days after its passage and publication.

































Approved as to form:







COUNCIL REQ/ATTY BFB:nmj 7/18/2007


STATEMENT OF PURPOSE:  This ordinance provides for dispersal of single-family rental occupancy located in residential areas. The city planning commission identified the rapid rate at which single-family owner occupied dwellings are being converted into rental occupancies as negatively impacting residential neighborhoods. The rate of conversion is an unforeseen result of changes in homestead property tax laws. The ability to command high rent pushes up the value of these homes. As a result, moderate income families seeking to purchase a single-family home are unable to compete with income property investors. Consequently, these families seek affordable housing in other communities. The resulting rental occupancy is often more dense than a family occupancy and affects the character of the residential neighborhood. This amendment continues to allow single-family rental occupancy, but disburses such occupancy to preserve the character of residential neighborhoods and increase the pool of affordable single-family homes for moderate income families.