HomeMy WebLinkAbout2005 06-06 HCA AGENDA
BROOKLYN CENTER HOUSING
COMMISSION
June 6, 2005
7 p.m.
CounciUCommission Room
Brooklyn Center City Hall
1. Call to Order: 7 p.m.
2. Roll Call
3. Approval of Agenda I
4. Review Ordinance Relating to Rental
Dwellings and Non-Conforming Uses;
Amending City Code Sections 12-901, 12-902
5. Adjournment: 8:30 p.m.
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MEMORANDUM
TO: Chairperson Judy Thorbus
Housing Commission Members
FROM: Tom Bubhtz, Commuruty Development Speciahst
RE: An Ordinance Relating to Rental Dwelling and Non-Conforming Uses;
Amending City Code Sections 12-901, 12-902 and 35-111
DATE: June 1, 2005
Currently the City's rental licensing ordinance requires the following:
In an R-1 zone (One Family Dwelling), a non-conforming two family dwelling
(duplex) must maintain a license to keep its two family status regardless of who
lives in either of the dwellings units.
Conforming two family dwellings (those located in an R-2 zone) are required to
be licensed regardless of who lives in either of the dwelling units. If a homestead
has been filed, the owner occupied side is exempt from license requirements. The
other unit must be licensed even if a family member lives there. A conforming
two family dwelling is, exempt from licensirig only if the owner lives there, has
filed a homestead and can prove the other unit is vacant.
Rental license fees were increased from $150 for each unit in a two family dwelling to
$375 for the first unit and $75 for the second unit resulting in a net increase of $150 for
licensing a duplex property. Under current ordinance requirements a duplex property is
required to pay the full amount of license fee for at least one unit even if one side is
occupied but not paying rent. The ordinance amendment would provide that an owner of
a duplex dwelling that is occupied but is not being let for lease or rent would not be
required to secure a rental license provided that the owner files a certification that no rent
or any other consideration is being paid to the owner by occupants of one or both of the
duplex units.
The ordinance effects duplex units that are conforming and non-conforming. Current
records show that there are 62 duplexes licensed in the City of Brooklyn Center. It is
estimated that less than ten duplexes are non-conforming, that is, duplexes located in an
R-1 zone. It is estimated that there are approximately 20 properties eligible for the
certification in lieu of a rental license including the ten duplexes located in an R-1 zone.
Under the proposed ordinance, duplex properties in the R-1 zoning district would lose
their permitted non-conforming use status if a two year period elapsed during which
either the owner does not secure a rental license or file a certificate. This provision
allows a record of non-conforming duplexes to be established.
One of the issues discussed at the May Housing Commission meeting was the definition
of a duplex. As defined by the city's Zoning Ordinance, a two family dwelling (duplex)
is a residential building containing two dwelling units. A dwelling unit is defined as "a
single residential accommodation which is arranged, designed, used or intended for use
exclusively as living quarters for one family; must include complete permanently
installed kitchen facilities. Where a private garage is structurally attached, it shall be
considered as a part of the building in which the dwelling unit is located."
CTTY OF BROOKLYN CENTER
Notice is hereby given that a public hearing will be held on the day of 2005,
at 7:00 p.m. at City Hall; 6301 Shingle Creek Parkway, to consider an ordinance relating to
rental housing and to non-conforming uses.
Auxiliary aids for haadicapped persons are available upon request at least 96 hours 'in advance.
Please notify the personnel coordinator at 763-569-3303 to make anangements.
ORDINANCE NO.
AN ORDINANCE RELATIl�TG TO RENTAL DWELLINGS
AND NON-CONFORMING USES; AMENDING CTTY CODE
SECTIONS 12-901,12-902 AND 35-111
THE CITY COUNCIL OF TI� CTTY OF BROOKLYN CENTER DOES ORDAIl�i AS
FOLLOWS:
Section 1. Section 12-901 of the Brooklyn Center City Code of Ordinances is
amended as follows:
s Section 12-901. LICENSING OF RENTAL UNITS.
1. License Required. No person shall operate a rental dwelling without first having
obtained a license to do so fro�n the City of Bmoklyn Center as hereinafter provided. There shall
be two types of licenses: regu�ar and prbvisional. Provisional licenses are defined in Section 12-
913. An owner of a du�lex dwelling that is beine occuuied liut is not bein� let for lease or i ent is
not reauired to secure a rental dwellin¢ license �rovided such owner files with the Citv a
certification, in a form nrovided bv the Citv. that no rent or anv other consideration is being naid.
¢iven or provided, directiv or indirectiv. bv or on behalf of the occunants to the owner. The
owner shall �mvide such additional information in sutroort of such certification as mav be
reauired bv the Comnliance Official.
2. •License Term. Regular licenses will be issued for: a period of two years.
Provisional licenses will be issued for a period of six months. All licenses,.. regvlar and
provisional, will be reviewed every six months after the beginning of the license term to
determine the license st�tus.
3. License renewal. License renewals shall be filed at least 90 days prior to license
expiration date. Within two weeks of receipt of a complete application and of the license fee
required by Section 12-902, the Compliance official shall schedule an iaspection. No application
for an initial or renewal license shall be submitted to the city council until the Compliance
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official has determined that all life, health safety violations or discrepancies have been corrected,
4. Condition of License. Prior to issuance or renewal of a license and at all times
during the license term, a license holder must be current on the a en
p ym t of all utihty fees, taxes,
and assessments due on the licensed property and any other rental real pmperty in the city owned
by the licez�se holder. In the event a suit has beea commenced under Minnesota Statutes, Sectioa
278.01-278.03, questioning the ambunt or validity of taxes, the City Council may on application
waive strict compliance with this pmvision; no waiver may be granted, however, for taxes or any
portion thereofwhich remain unpaid for a period exceedin,g one (1) year after becoming due.
Section 2. Section 12-902 of the Brooklya Center City Code of Ordinances is
amended as follows:
Section 12-902. LICENSE FEES. License fees, as set forth by city cauncil resolution,
shall be due 90 days prior to the license expiration date; in the cases of aew unlicensed
dwellings, license fees shall be� due upon issuance of the certificate of occupancy.
A delinquency �penalty of 5% of the license fee for each day of operation without a valid
license shall be charged operators� of rental dwellings. Once issued, a license is nontransferable
and the �icensee shall aot be entitled to a refiuid of any license fee upon revocation or
suspension; however, the licensee shall be entitled to a license fee refund, prorated monthly,
upon proof of transfer of legal control or ownership. If an anulicant wit�idraws an apnlication
prior to issuance of a license, the fee shall be refunded after deductinQ the costs of inspection and
anv other costs and expenses inciuzed by the Citv in connection with receivin� and �rocessin¢
the aunlication.
A fee, as set by �ity �council resolution, shall be charged for all reinspections necessary
after the first reinspection. Th� reinspeation fee(s) will be payable at the time of license renewal
for the property, in the case of,rental housing aad at the time of recertification of occupancy for
nonresidential properties.
Secfion 3. Section _35-111 of the Brooklyn Center City Code of Ordinances is
amended as follows:
Sectioa 35-111. NONCONFORMING USES. Unless specifically provided otherwise
herein, the lawful use of any land or building existing at the tfine of adoption of this ordinance
may be continued even if such use does not conform to the regulations of this ordinance,
provided:
L No such nonconforming use of land shall be enlatged or increased or occupy a
greater area of land than that occupied by such use at the time of the adoption of
this ordinance.
2. Such nonconforming use shall not be moved to any other part of the parcel of land
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upon which the same was conducted at the time of the adoption of this ordinance,
3. A nonconforming use of a building existing at the time of adoption of this
ordinance may be extended throughout the buildin rovided no
g P structural
alterations except those required by ordinance, law, or other reguladon are made�
therein, and provid�d that no such extension in the floodway overlay zone shall
result in increased flood damage potential.
Excepted from the structural alteration limitation are single family dwellings,
located in residential districts other than R� and R2, provided any sfin�ctural
alterations or additions shall conform with the requirements of the Rl and R2
district, and the Flood Plain regulations as applicable.
4. If a nonconforming use occupies a building and ceases for a continuous period of
two years, any subsequent use of said build.ing shall be in conformity to the use
regulation specified by this ordinance for the district in which such building is
located.
5. Any nonconforming use shall not be continued following 50% destruction of the
building in which it was conducted by flood, fire, wind; earthquake, or explosion,
according to the estimate of the Building Inspector, approved by the City Council,
unless annlication for a building �ermit is made within 180 days of when the
nro�ertv is damaQed. If a building nermit is auvlied for. the Citv' mav im�ose
reasonable conditions upon the buildin� nernut in order to nutieate anv newlv
created im�act on adiacent nrouertv.
6. Upon the effective date of this ordinance, where there is a nonconforming use of
Iand on parcel with no structure or where tbree is a nonconforming use of land
(such as storage of equipment and supplies), on which there is a conforming
structure such use shall be terminated within two years following the effective
date of this ordinance.
7. NonconforminQ dunlex uronerties in Rl districts shall lose nonconformin� use
status and must be broutht into compliance with cunent code Arovisious if a two-
vear neriod elanses durinE which the owners do not au�lv for a rental dwellin�
license or file the certificate required bv Section 12-901.
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Secfion 4, This Ordinance shall become effective af�er adoption and upon thirty (30)
days following its legal publication.
Adopted this day of 2005.
Mayor
ATTEST:
City Clerk
D�ate of Publication
Effective Date:
(LTnderlinin� indicates new mattei; indica#es deleted material.)
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