HomeMy WebLinkAboutVacation Home Rental Ordinance - 6-11-2024
OTTER TAIL COUNTY – MINNESOTA
VACATION HOME RENTAL ORDINANCE
Adopted: 06/11/2024
Original Effective: 07/01/2024
Otter Tail County Vacation Home Rental Ordinance Effective Date: July 1, 2024
-1-
CONTENTS
SECTION 1 TITLE, PURPOSE AND INTENT ...................................................................................................... 2
Title ............................................................................................................................................................ 2
Purpose And Intent .................................................................................................................................... 2
Jurisdiction ................................................................................................................................................. 2
Compliance ................................................................................................................................................ 2
SECTION 2 DEFINITIONS .................................................................................................................................... 2
Certain Terms. ............................................................................................................................................................ 2
SECTION 3 ADMINISTRATION ............................................................................................................................ 3
Vacation Home Rental License ................................................................................................................. 3
Existing VHR .............................................................................................................................................. 3
New VHR ................................................................................................................................................... 3
Appeals ...................................................................................................................................................... 3
Multiple Vacation Home Rental Units On Parcel Or Lot ........................................................................... 3
License Application .................................................................................................................................... 3
Application Process ................................................................................................................................... 3
License Duration ........................................................................................................................................ 3
License Renewal ....................................................................................................................................... 4
County Access ....................................................................................................................................... 4
SECTION 4 GENERAL PERFORMANCE STANDARDS..................................................................................... 4
Occupancy ................................................................................................................................................. 4
Noise .......................................................................................................................................................... 4
Parking And Site Use................................................................................................................................. 4
Property Contact Information ..................................................................................................................... 4
Sewage Treatment .................................................................................................................................... 5
Solid Waste ................................................................................................................................................ 5
Pets ............................................................................................................................................................ 5
SECTION 11 ENFORCEMENT........................................................................................................................... 5
SECTION 12 SEVERABILITY ............................................................................................................................. 5
SECTION 13 ABROGATION AND GREATER RESTRICTIONS ....................................................................... 5
SECTION 14 OWNER LIABLE ........................................................................................................................... 5
SECTION 15 SAVINGS CLAUSE ....................................................................................................................... 5
SECTION 16 ADOPTION/EFFECTIVE DATE .................................................................................................... 5
Otter Tail County Vacation Home Rental Ordinance Effective Date: July 1, 2024
-2-
SECTION 1 TITLE, PURPOSE AND INTENT
Title
This ordinance shall be known as the Otter Tail County Vacation Home Rental Ordinance and shall regulate the use
of property for a vacation home rental.
Purpose And Intent
This ordinance is adopted for the following purposes:
• This ordinance establishes a licensing program for vacation home rentals. Licensees must also meet the standards and licensing requirements of the Otter Tail County Lodging Ordinance.
• It is the intent of this ordinance to permit private vacation home rentals, but also mitigate possible adverse impacts to the public’s health, safety, and general welfare and quality of life of surrounding properties, as well as water and environmental quality.
• It is the intent of this ordinance to establish and enforce standards for the licensing of vacation home rentals and strike a balance between protecting property owners’ private property rights, enhancing localized economic activity and tourism, preserving the residential integrity of neighborhoods, and promoting and protecting the public’s health, safety and general welfare to the citizens and patrons of vacation home rentals.
• This ordinance intends to regulate behavior and use of the property when rented. It does not intend to regulate or limit the personal use or enjoyment of the property by the owners. Jurisdiction
This Ordinance is adopted pursuant to Minnesota Statute 145A.04 and 375.51. The provisions of this Ordinance shall apply to all vacation home rentals lying outside the incorporated limits of any municipality in Otter Tail County, Minnesota. Compliance
No person shall operate a vacation home rental lying outside the incorporated limits of any municipality in Otter Tail County, Minnesota which does not comply with the regulations in this Ordinance. SECTION 2 DEFINITIONS
Certain Terms.
For the purposes of this ordinance, certain terms or words used are interpreted as follows: the words “shall” and “must” are mandatory and the words “should” or “may” are permissive. For the purpose of this Ordinance, the certain words and phrases are defined as follows:
Subp. 1. Bedroom. “Bedroom” means an area that is a room designed or used for sleeping or a room or area of a dwelling that has a minimum floor area of 70 square feet with access gained from the living area or living area hallway. Architectural features that affect the use as a bedroom under this item may be considered in making the bedroom determination. Subp. 2. Lodging License. “Lodging License” means a license issued for a lodging establishment by the regulatory authority with jurisdiction. Subp. 3. Occupancy. “Occupancy” means the total number of persons allowed and includes both overnight and daytime users of the property. Subp. 4. Owner. “Owner” means the property owner of record of real estate located in Otter Tail County. Subp. 5. Owner’s Authorized Agent. “Owner’s Authorized Agent” means a person or persons who has written designation to act on behalf of the owner as placed on record and provided as part of the application process. Subp. 6. Vacation Home Rental (VHR). “Vacation Home Rental (VHR)” means any home, cabin, condominium or similar building that is advertised as, or held out to be, a place where sleeping quarters are furnished
Otter Tail County Vacation Home Rental Ordinance Effective Date: July 1, 2024
-3-
to the public on a nightly, weekly, or less than a 30-day time period and is not a bed and breakfast, resort, hotel or motel.
SECTION 3 ADMINISTRATION
Vacation Home Rental License
No Vacation Home Rental may be operated without a valid Vacation Home Rental license issued pursuant to this
ordinance. A Vacation Home Rental license may only be issued when a lodging license has been issued by the
regulatory authority with jurisdiction.
Existing VHR
All existing Vacation Home Rentals that received a lodging license prior to the effective date of this Ordinance shall
automatically be issued a Vacation Home Rental License and must meet all the requirements of this Ordinance.
New VHR
All new Vacation Home Rental operations as of the effective date of this ordinance shall obtain a license in
accordance with Subp. 1 of this section from the County prior to commencing operations.
Appeals
Appeals to decisions made pursuant to this ordinance will be heard by the County Administrator. Decisions made
by the County Administrator may be appealed to the County Board of Commissioners in accordance with Section VI
of the Administrative Ordinance. This provision does not apply to appeals that are subject to the Shoreland
Management Ordinance or Minnesota Statute 394.
Multiple Vacation Home Rental Units On Parcel Or Lot
A separate Vacation Home Rental license is required for each unit on a parcel or lot that has Vacation Home Rental
operations conducted in it.
License Application
A complete Vacation Home Rental License Application must be submitted to the Environmental Health office of
Otter Tail County prior to operating.
Application Process
Once the Vacation Home Rental license application is received, Otter Tail County will issue or deny the license in
accordance with the timelines established under Minnesota Statute 15.99, during which time the County may
contact the Owner or Owner’s Authorized Agent for additional information. If the license is denied, a letter will
accompany the denial detailing the reasons for denial. The Owner or Owner’s Authorized Agent may reapply for a
license once the conditions for the denial are corrected.
A. No application for the initial or renewal license will be accepted if there are past due property taxes on the property described in the application. B. A Vacation Home Rental license will not be issued if there are open enforcement activities related to the property.
License Duration
All Vacation Home Rental licenses are an annual license and must be renewed each year. Licenses are valid from
January 1 to December 31 each year.
Otter Tail County Vacation Home Rental Ordinance Effective Date: July 1, 2024
-4-
License Renewal
License renewal applications for Vacation Home Rental licenses in the following year must be submitted to the
County prior to any rental activity.
County Access
The Owner of Owner’s Authorized Agent shall allow access to the property and all licensed units at any reasonable
time for the purpose of inspection upon request of Otter Tail County.
SECTION 4 GENERAL PERFORMANCE STANDARDS
All vacation home rentals in Otter Tail County must conform to the following performance standards:
Occupancy
A. The maximum occupancy allowed is calculated by bedroom sizing per the Lodging Ordinance for Otter Tail County or the size of the septic system, whichever is less. The occupancy based on the septic system equals 1 person per 50 gallons per day from the system’s design flow. B. The maximum occupancy allowed includes both overnight guests and daytime guests.
C. The maximum occupancy allowed shall be conspicuously displayed within the vacation home rental. D. The vacation home rental shall not advertise the property as available to more guests than the occupancy limit identified on the lodging license from the regulatory authority with jurisdiction. E. Use of recreational vehicles, tents, or fish houses as a vacation home rental or used to obtain an increase to the occupancy allowed is prohibited. Use of said structures or vehicles for overnight or sleeping accommodations is prohibited for a vacation home rental. F. A parcel or lot cannot have more than two (2) Vacation Home Rental units. A planned unit development with a conditional use permit is exempt from this provision.
Noise
A. Quiet hours are between the hours of 10 pm and 7 am at which time indoor and/or outdoor activity audible from neighboring property boundaries must not be carried on beyond a general conversation level in a manner that disturbs the peace. The owner or owner’s agent of the vacation home rental is expected and required to enforce this rule.
Parking And Site Use
A. Parking cannot restrict access by emergency vehicles or the traveling public and shall not impede the ingress or egress of the property. B. Parking shall not occur on yards, septic systems, or other green space. C. The owner shall provide a visual demarcation of the property lines. Where property lines are disputed, at the County’s discretion, the owner or owner’s agent shall contract with a licensed surveyor to conduct a
property line location and survey services. D. Outdoor loitering gathering spaces including, but not limited to, patio areas, fire pits, beaches, shoreline recreation areas, and lawn games must be located in a manner that minimizes direct noise disturbance of adjacent occupied property and is considerate of the neighbors.
Property Contact Information
The Owner or Owner’s Authorized Agent shall keep on file, with the County, and shall notify each renter, in writing, of the contact information for the Owner or Owner’s Authorized Agent who shall be available twenty-four (24) hours a day, seven (7) days a week, whenever the property is being rented for vacation home rental purposes. The Owner or Owner’s Authorized Agent shall respond to any issue or complaint raised within one (1) hour of any such point of contact being notified of the issue or complaint.
Otter Tail County Vacation Home Rental Ordinance Effective Date: July 1, 2024
-5-
Sewage Treatment
A. The vacation home rental must be connected to a compliant subsurface sewage treatment system (SSTS)
or served by a municipal wastewater treatment system. A vacation home rental that utilizes a holding tank as the SSTS must have an operating permit per Section 6 of the Sanitation Code of Otter Tail County. B. If there is a risk of inadvertent parking on the soil treatment area by guests, the County may require visual demarcation of the soil treatment area in addition to signage stating “Septic System: No Parking”.
Solid Waste
A. The storage, collection, and disposal of garbage, trash and refuse shall be in accordance with the Otter Tail
County Solid Waste Ordinance.
Pets
If pets are allowed, they must be leashed or within sight of an adult and under verbal command at all times,
regardless of distractions. Unauthorized entry onto another person's land is prohibited.
SECTION 11 ENFORCEMENT
The Otter Tail County Environmental Health office is responsible for the administration and enforcement of this Ordinance. Any violation of the provisions of this Ordinance or failure to comply with any of its requirements constitutes a misdemeanor and is punishable as defined by law.
Except where otherwise specified, this Ordinance is subject to all provisions of the Otter Tail County Administrative Ordinance, as well as the Lodging Ordinance and Minnesota Rules, Chapter 4625 as it applies.
SECTION 12 SEVERABILITY
If any section, clause, provision, or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby.
SECTION 13 ABROGATION AND GREATER RESTRICTIONS
It is not intended by this Ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance imposes greater restrictions, the provisions of this Ordinance shall prevail. All other ordinances inconsistent with this Ordinance are hereby repealed to the extent of the inconsistency
only.
SECTION 14 OWNER LIABLE
In addition to any other person or persons involved in a violation or threatened violation of this Ordinance, the owner of record of any property falling under the jurisdiction of this Ordinance shall be responsible both criminally and civilly for any activity occurring on the property which is contrary to the provisions of this Ordinance.
SECTION 15 SAVINGS CLAUSE
All licenses issued under this Ordinance are permissive only and shall not release the licensee from any liability or obligation imposed by Minnesota Statutes, Federal Law, or local ordinances relating thereto. In the event any provision of this Ordinance shall be found contrary to law by a Court of competent jurisdiction from whose final judgment no appeal has been taken, such provision shall be considered void. All other provisions of this Ordinance shall continue in full force and effect as though the voided provision never existed.
SECTION 16 ADOPTION/EFFECTIVE DATE
The regulations contained in this Ordinance shall become effective upon passage by the County Board and
publication according to law.
Passed by the Otter Tail County Board of Commissioners, on June 11, 2024 with an effective date of July 1, 2024.