DISCLAIMER

COMMITTEE OF THE WHOLE


08-041-O                                                        REPLACEMENT 2

AS AMENDED

 

ORDINANCE NO. __________

 

AN ORDINANCE AMENDING SECTION 29A-27 AND ADDING A NEW SECTION 29A-32.1 OF THE DULUTH CITY CODE, 1959, AS AMENDED, RELATING TO RENTAL LICENSING.

BY PRESIDENT REINERT AND COUNCILOR ANDERSON:

The city of Duluth does ordain:

     Section 1. That Section 29A-27 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Sec. 29A-27.     Definitions.

     (a)  Except as otherwise defined in this Section, Tthe definitions contained in sections 201 and 202 of the year 2000 edition of the IPMC, as adopted by Section 29A-1 of this Chapter, shall apply to this Article;

     (b)  For purposes of this Article, “protection zone” means any parcel of land, lot or part thereof within or abutting the area described as follows: a point beginning at the point of intersection of the Lake Superior shoreline and the extended centerline of platted Eighth Avenue East, thence northwesterly along said Eighth Avenue East centerline to its point of intersection with the centerline of Superior Street Alley, thence southwesterly along the centerline of Superior Street Alley to its point of intersection with the centerline of North Sixth Avenue East, thence north westerly along the centerline of North Sixth Avenue East to its point of intersection with Central Entrance Drive, thence westerly along the centerline of Central Entrance Drive to its point of intersection with the centerline of Rice Lake Road, thence northerly along the centerline of Rice Lake Road to its point of intersection with the centerline of West Arrowhead Road, thence easterly along the centerline of West Arrowhead Road to its point of intersection with the centerline of Blackman Avenue, thence northerly along the centerline of Blackman Avenue to its point of intersection with the centerline of MacFarlane Road, thence easterly along the centerline of MacFarlane Road to its point of intersection with the centerline of Howard Gnesen Road, thence southeasterly along the centerline of Howard Gnesen Road to its point of intersection with the centerline of Old Howard Gnesen Road, thence north/northeasterly along the centerline of Old Howard Gnesen Road to its point of intersection with the centerline of South Road, thence easterly along the centerline of South Road in a straight line to its point of intersection with the northwest corner of the Third Glen Avon Division of Duluth, thence north in a straight line to its point of intersection with the centerline of Fairmont Anoka Street, thence easterly along the centerline of Fairmont Anoka Street to its point of intersection with the centerline of Woodland St. Paul Avenue, thence south/southeasterly along the centerline of Woodland St. Paul Avenue to its point of intersection with the centerline of Carlisle Avenue, thence easterly along the centerline of Carlisle Avenue to its point of intersection with the centerline of Grove Street, thence northeasterly along the centerline of Grove Street to its point of intersection with the centerline of Princeton Place, thence northeasterly along the centerline of Princeton Place to its point of intersection with the southerly boundary of Park Hill Cemetery, thence easterly along the southern boundary of Park Hill Cemetery until its point of intersection with the western easement line of Livingston Avenue, thence easterly in a straight line to its point of intersection with the centerline of Livingston Avenue, thence northerly along the centerline of Livingston Avenue to its point of intersection with the centerline of Everett Street, thence easterly along the centerline of Everett Street to its point of intersection with the centerline of Jean Duluth Road, thence southwesterly along the centerline of Jean Duluth Road to its point of intersection with the centerline of Lakeview Drive, thence southwesterly along the centerline of Lakeview Drive to its point of intersection with the centerline of Vermilion Road, thence southerly along the centerline of Vermilion Road to its point of intersection with the centerline of Congdon Park Drive, thence southeasterly along the centerline of Congdon Park Drive to its point of intersection with the centerline of 32nd Avenue East, thence southeasterly along the centerline of 32nd Avenue East to its point of intersection with the centerline of London Road, thence northeasterly along the centerline of London Road to its point of intersection with the west bank of Tischer Creek, thence southeasterly along the west bank of Tischer Creek to its point of intersection with the Lake Superior shoreline, thence southwesterly along the Lake Superior shoreline to the point of beginning, and as depicted on the map on file with the city clerk as Public Document No. _______________;

     (c)  For purposes of this Article, the phrase “one family dwelling” shall have the meaning ascribed by Section 50-1.20;

     (d)  For purposes of this Article, the phrase “two family dwelling” shall have the meaning ascribed by Section 50-1.21;

     (e)  For purposes of this Article, the phrase “multiple family dwelling” shall have the meaning ascribed by Section 50-1.23.

     Section 2. That Chapter 29A, Article II of the Duluth City Code, 1959, as amended, be amended to add a new Section 29A-32.1 to read as follows:

Sec. 29A-32.1    Rental restrictions in the protection zone.

     (a)  In areas zoned R-1-a, R-1-b and R-1-c located within the protection zone, no license shall be issued for any dwelling, rooming house or rental unit within a distance of 300 feet from any other licensed dwelling, rooming house or rental unit. The distance restriction shall not apply to the following:

           (1)  A two family dwelling;

           (2)  Any multiple family dwelling containing less than five dwelling units;

           (3)  An owner occupied one family dwelling, provided that the number of persons occupying pursuant to a rental agreement is limited to one person;

     (b)  In areas zoned R-2 and R-3 located within the protection zone, no license shall be issued for any one family dwelling within a distance of 300 feet from any other licensed one family dwelling. The restriction shall not apply to the following:

           (1)  An owner occupied one family dwelling, provided that the number of persons occupying pursuant to a rental agreement is limited to one person;

     (c)  In all residentially zoned districts within the protection zone, 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 decision of the building official is subject to appeal as provided in Section 29A-34;

     (d)  This Section shall not apply to a one family or two family dwelling that is subject to a purchase agreement for the sale of the dwelling when all of the following conditions are met:

           (1)  The dwelling is occupied by a seller; and

           (2)  The buyer and seller agree that the buyer may occupy the dwelling prior to completion of the sale; and

           (3)  The buyer, pursuant to a written early occupancy agreement between the buyer and seller, occupies the dwelling; and

           (4)  The sales transaction is completed or cancelled in writing within 120 days from the date of the written early occupancy agreement;

     (e)  Any licensed dwelling, rental unit or rooming house lawfully existing in the protection zone on July 19, 2008 may continue, even though such use does not conform to the provisions of this Chapter;

     (f)  If a rental license lapses as a result of the failure to comply with Section 29A-29, the license may be administratively reissued without regard to the provisions of paragraphs (a) and (b) of this Section if within 60 days of the expiration of the license the owner complies with Section 29A-29;

     (g)  If a rental license lapses as a result of the failure to comply with Section 29A-29, the owner fails to comply with paragraph (f) of this Section, and the provisions of paragraphs (a) and (b) prohibit issuance of a license, the owner may appeal pursuant to Section 29A-34. The building appeal board may authorize issuance of a license without regard to the provisions of paragraphs (a) or (b) of this Section if the owner demonstrates by clear and convincing evidence the existence of good cause for the failure to comply with Section 29A-29. For purposes of this provision, good cause shall be defined as circumstances beyond the control of the owner which made compliance with Section 29A-29 impossible;

     (h)  The building appeal board may grant a variance from the provisions of paragraphs (a) and (b) of this Section where a hardship exists. For purposes of this Section, a hardship exists when it can be demonstrated by clear and convincing evidence that the property no longer retains a reasonable economic value as an owner occupied dwelling and the ability to rent the property is necessary in order to retain a reasonable economic use.

     Section 3. That this ordinance shall expire and be of no force and effect after midnight on June 30, 2010 2012.

     Section 4. That this ordinance shall take effect 30 days after its passage and publication.


COUNCIL REQ/ATTY


STATEMENT OF PURPOSE:  This ordinance creates a protection zone for rental licensing and provides for a 300 foot restriction within the protection zone. It creates a number of exclusions to the 300 foot restriction. It creates a relief mechanism for lapsed licenses that would be ineligible for relicensing due to the application of the 300 foot rule. It creates grandfather rights for those properties lawfully licensed prior to June 20, 2008. It creates a variance process to preserve a reasonable economic use of property.