HomeMy WebLinkAboutOrdinance 55
CHAPTER V – BUILDING, LAND USE & REGULATIONS
Subd. 47: Safety. The condition of being reasonably free from danger and hazards
which may cause accidents or disease.
Subd. 48: Substandard dwelling. Any dwelling which does not conform to the minimum
standards established by City Ordinances.
Subd. 49: Supplied. Paid for, furnished by, provided by or under the control of the
owner, operator, or agent of a dwelling.
Subd. 50: Meaning of certain words. Whenever the words "dwelling", "dwelling unit",
"premises", “rental property” or "structure" are used in this ordinance, they shall be construed as
though they were following by the words "or any part thereof".
Section 55.04: LICENSING OF RENTAL UNITS.
Subd. 1. Limitation on rental properties. All rental properties located in an R-1 or R-2
Zoning District newly licensed or not covered by a valid Interim Use Permit (hereinafter
“I.U.P”). shall be owner occupied as required by items “a” and “b” below be allowed as
described below:.
a. R-1 Property. Any property which is rented in an R-1 area are only
allowed through issuance of an Interim Use Permit as provided for and
regulated in Section 52.27 Subd. 5.
1)must be owner occupied and the owners may not exceed two in
number. For the purposes of establishing if the property is owner
occupied, the owner must be a natural person, and all owners must
occupy the property as their principal residence. For purposes of
determining ownership, the owner/owners must provide a copy of a
recorded deed or recorded contract for deed. A purchase agreement
will not be accepted as evidence of ownership. In such an owner-
occupied rental, the rooms rented must not contain separate kitchen
facilities and the rooms rented may not be intended for use as an
independent residence. In addition:
i.1) the property must satisfy the parking requirements
contained in the St. Joseph Ordinance;
ii.2) the rental units must:
a) have a ceiling height of at least seven (7) feet as defined in
Section 55.11, Subd. 2;
b) contain adequate ventilation and fire escapes as determined
the building official; and
c) meet all applicable rental codes as outlined in Ordinance
55.
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CHAPTER V – BUILDING, LAND USE & REGULATIONS
b. R-2 Property. In the R-2 zone, single-family dwellings are permitted by
issuance of a special use permit as regulated in Section 52.28 Subd. 3(n).
may only be owner-occupied as set forth above in Section 55.04, Subd.
1(a). Two-family dwelling units must be owner-occupied in at least one
of the dwelling units. The owners residing on the property must own
100% of the property and the number of owners may not exceed two in
number.
c. R-3 Property. The R-3 district is intended to provide a district which will
allow a higher density of residential development where City sewer
services are available, subject to the terms of the various applicable St.
Joseph Zoning Ordinances.
d. R-4 Property. In the R-4 district, rental of properties is not allowed,
except for housing exclusively dedicated to housing the elderly or persons
age 55 or older.
Subd. 2. Application. The owner of any structure in which one or more dwelling units or
rooming units are intended to be let shall make application for a rental housing license prior to
letting the unit, unless such unit is currently licensed or is exempt from the provisions of this
Ordinance. The owner shall not allow occupancy of such unit until the required license fee has
been paid and a rental housing license has been issued pursuant to this division. No rental license
shall be granted unless the applicant has met the general requirements for City approvals under
Section 14.06 of the St. Joseph Code of Ordinances.
Subd. 3: Registration. No person shall operate rental property in the City of St. Joseph
without first having properly made and filed a registration statement with the Compliance
Official. Any person filing such a registration statement thereby consents to be bound by all of
the provisions of this ordinance and the other ordinances of the City of St. Joseph, as they may
relate to rental property. In the case of any rental property occupied on or before February 1,
1981, the registration statement shall be filed before February 1, 1981. In the case of rental
property completed and ready for occupancy after February 1, 1981, a registration statement
shall be filed and a rental license secured prior to the occupancy of the dwelling. The
registration statement shall be made and filed on forms furnished by the Compliance Official for
such purposes and shall set forth the following information:
a) Name, address and residence phone number of the owner, and if a corporation, the
name of officers and registered office thereof. All owners must be listed.
b) Name and address of the rental property and the number of units to which the
registration applies.
c) The name and address of the owner’s agent for the receipt of notices of violations
of the provisions of this ordinance and other applicable ordinances of the City of
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