Accessory Home Share Permit Regulations
Definition: Accessory home share – A habitable room or space in an owner-occupied dwelling offered for trade or sale, whether for money or exchange of goods or services, for periods of 29 days or less.
NOTE: Accessory Home Share Permits are for property owners who will be generally present during the time of their guests’ stay. If you will not be present during your guests’ stay you must be approved for a Vacation Dwelling Unit Interim Use Permit.
Bring the documents listed below to the One Stop Shop, City Hall Room 210.
Questions can be directed to a Land Use Technician at 218-730-5240.
The applicant for an Accessory Home Share Permit must provide evidence of possession of the following permits and licenses before an Accessory Home Share Permit may be issued:
The Applicant must also provide the following documents:
Application materials will be reviewed for completion and compliance with the Accessory Home Share Permit Standards listed below.
Accessory Home Share Permit Standards:
An accessory home share may be created within those districts shown where allowed by Table 50.19.8 provided these standards are met:
Minnesota State Building Code Requirements
The following summarizes applicable Minnesota State Building Code regulations for vacation rental units as defined in the Duluth Unified Development Chapter. Contact a Plans Examiner in the Construction Services Division at 218/730-5300 with questions about building code requirements.
One and Two Family Dwellings: Use of existing one and two family dwellings not more than three stories above grade plane in height with separate means of egress as an accessory home share is not a change of use for purposes of building code applicability.
Additions, alterations and repairs to one and two family dwellings not more than three stories above grade plane in height with separate means of egress must comply with the Minnesota State Residential Code.
The Minnesota Accessibility Code does not apply to one or two family dwellings. Owners of vacation rental properties should research federal regulations related to accessibility.
Three and More Dwelling Units: Conversion of apartments in buildings with three or more units to rentals of less than 30 days duration is a change of use from an R-2 occupancy (permanent) to an R-1 occupancy (transient.) A permit is required for a change of use and plans and a code summary prepared by a Minnesota licensed architect showing compliance with applicable provisions of the Minnesota State Building Code must be submitted for review with the permit application.
Required alterations will vary with each building. Owners should consult with a licensed architect for an evaluation of changes needed to comply with applicable building code provisions.
Thanks for choosing to visit our wonderful city. The summary of ordinances below was assembled to answer commonly asked questions related to vehicle parking, park use, pets and noise. We hope you enjoy all that Duluth has to offer and that you’ll return again soon!
Sec. 33-82. Prohibitions generally.
(c) No person shall, for the purpose of camping, lodging, or residing therein, leave or park a vehicle or motor vehicle on or within the limits of any highway or on any highway right-of-way, except where signs are erected designating the place as a camp site;
Sec. 33-85. Parking more than 24 consecutive hours prohibited.
No vehicle shall be left standing or parked more than 24 consecutive hours on any street or highway within the city.
Sec. 33-97.8. Alternate side parking.
Except where signs direct otherwise, all vehicles parked on streets in Duluth must observe the alternate side parking program to enable street cleaning, plowing, and other maintenance. All vehicles must be parked on the side of the street designated for parking for the week with house numbers that are either odd or even, see http://www.duluthmn.gov/ for the designation of “odd” or “even” side parking for the week. The following week vehicles must be parked on the opposite side of the street. Every Sunday between the hours 4:00 p.m. and 8:00 p.m. shall be a changeover period and the provisions of this Section shall not be in force during such time.
Sec. 35-9.3. Use of parks between certain hours prohibited without prior registration. Nearly all parks and beaches in Duluth are closed to public use after 10:00 p.m., including the beaches along Park Point.
Sec. 35-6. Vehicles, parking and recreational trails and paths.
Many of the trails in Duluth are reserved for specific users year round or only during certain times of the year. This information is posted near trailheads to designate where bicycles, skis, and hikers are allowed. Direction of travel for trails may also be designated. Please observe these rules.
Additionally, winter use of ski trails within the City of Duluth requires that users have a DNR Ski Pass. See http://www.dnr.state.mn.us/licenses/skipass/index.html for more info. on obtaining this pass.
Sec. 35-7. Setting fires, prohibited.
(c) The director of parks and recreation or the fire chief may ban all burning, including burning in grills, in parks at times of high fire danger.
It is a violation of this section to create a recreational fire on the beaches of Park Point.
Sec. 35-8. Prohibited activities.
Within any public park, no person shall:
Sec. 35-2. Animals running at large, animal control.
Sec. 35-3. Fastening animals to fences, trees, etc., prohibited.
No person shall tie or fasten any animal to any fence, building, railing, tree, shrub or plant in or upon any park in the city.
Sec. 6-33. Animal noise.
(a) No person shall harbor or keep any dog which, by loud and frequent or habitual barking, yelping or howling shall cause reasonable annoyance of another person or persons;
Sec. 6-36. Running at large prohibited.
No person shall suffer or permit any animal owned or controlled by that person to run at large within the city.
Sec. 6-38. Animal litter.
Sec. 34-5. Disturbing the neighborhood.
No person, within the city, shall keep a dwelling, gaming area, party room, or meeting area which attracts people to the neighborhood at times or in such a manner that their arrival or leaving or activities while in the neighborhood result in an unreasonable disturbance of the usual peace, quiet, comfort, or decency of the neighborhood.
Sec. 34-6. Disorderly conduct.
Sec. 40-10. Definitions, User Charge for Excessive Consumption of Police Services.
Nuisance event. An event requiring special security assignment in order to protect the public peace, health, safety and welfare. A nuisance event includes, but is not limited to, the following:
Purpose: Verification of Owner Occupancy during guest rental
Address: ________________________________ Parcel ID#: __________
(PRINT FULL NAME)_________________________________ personally came and appeared before me, the undersigned Notary, the within named (PRINT FULL NAME)__________________________________________________________
who is the owner and occupant of the above address makes this his/her statement and General Affidavit upon oath and affirmation of belief and personal knowledge that the following matters, facts and things set forth are true and correct to the best of his/her knowledge:
Dated this ____________ day of __________ , 20___
Signature of Affidavit Petitioner:_____________________________________________
Sworn to subscribed before me, this_________ day of__________, 20____
Signature of Notary Public:__________________________________
After Submitting Your Application
You are required to post a sign notice on the property at least two weeks before the date of the public hearing. See UDC Section 50-37.1.H for information on size, placement, and content of each sign; you may want to contact a sign company or printing company to have the sign made. You must provide evidence that the signs were in place; submit photo(s) of the signs to the Planning Division at least two weeks before the date of the public hearing.
The Planning Commission will hold a public hearing and make a recommendation to adopt, adopt with modifications, or deny the application.
The City Clerk’s office will send notice of the Council action to the applicant.
Note that other city codes may apply to your project. Please be aware of any applicable Building Code (Construction Services Division), Fire Code (Life Safety Division), and stormwater/engineering (Engineering Division) regulations. The zoning approval may be only the first step in a several step process.
Application Manual Updated April 2018
2. The total number of persons that may occupy the vacation dwelling unit is one person plus the number of bedrooms multiplied by two.
How many legal bedrooms are in the dwelling? What will be your maximum occupancy?
3. Off-street parking shall be provided at the following rate:
How many off-street parking spaces will your unit provide? __________________
4. Only one motorhome (or pickup-mounted camper) and/or one trailer either for inhabiting or for transporting recreational vehicles (ATVs, boat, personal watercraft, snowmobiles, etc.) may be parked at the site, on or off the street. Will you allow motorhome or trailer parking? If so, where?
5. The property owner must obtain all licenses and permits from the City of Duluth and State of Minnesota required for guest occupancy on the property for 2 to 29 days. Provide copies of the lodging and fire inspection reports with your initial application.
6. The property owner must provide required documents and adhere to additional requirements listed in the City of Duluth’s UDC Application Manual related to the keeping of a guest record, designating and disclosing a local contact, property use rules, taxation, and interim use permit violations procedures.
7. The property owner must provide a site plan, drawn to scale, showing parking and driveways, all structures and outdoor recreational areas that guests will be allowed to use, including, but not limited to, deck/patio, barbeque grill, recreational fire, pool, hot tub, or sauna, and provide detail concerning the provision of any dense urban screen that may be required to buffer these areas from adjoining properties. Please note that this must be on 8 x 11 size paper.
8. The interim use permit shall expire upon change in ownership of the property or in six years, whichever occurs first. An owner of a vacation dwelling unit permitted prior to May 15, 2016, may request, and the land use supervisor may grant, an application for adjustment of an existing permit to conform to this section, as amended, for the remainder of the permit term.
9. Permit holder must keep a guest record including the name, address, phone number, and vehicle (and trailer) license plate information for all guests and must provide a report to the City upon 48 hours’ notice. Please explain how and where you will keep your guest record (log book, excel spreadsheet, etc):
10. Permit holder must designate a managing agent or local contact who resides within 25 miles of the City and who has authority to act for the owner in responding 24-hours-a-day to any complaints from neighbors or the City. The permit holder must notify the Land Use Supervisor within 10 days of a change in the managing agent or local contact’s contact information. Please provide the name and contact information for your local contact:
11. Permit holder must disclose in writing to their guests the following rules and regulations:
Please state where and how this information will be provided to your guests:
12. Permit holder must post their permit number on all print, poster or web advertisements. Do you agree to include the permit number on all advertisements? ___________________________________________________________________
13. Prior to rental, permit holder must provide the name, address, and phone number for the managing agent or local contact to all property owners within 100’ of the property boundary; submit a copy of this letter to the Planning and Community Development office. In addition, note that permit holder must notify neighboring properties within 10 days of a change in the managing agent or local contact’s contact information.
14. Prior to rental, the building must be inspected and an Operational Permit issued by the Fire Prevention office. Permit holder must apply for and be granted State and local sales tax numbers, including Hotel and Motel Use Sales Tax, as discussed in item number 5 above; submit a copy of these approvals to the Planning and Community Development office.
50-20.3.U. Vacation Dwelling Unit (Use Specific Standards from the UDC)
5. Only one motorhome (or pickup-mounted camper) and/or one trailer either for inhabiting or for transporting recreational vehicles (ATVs, boat, personal watercraft, snowmobiles, etc.) may be parked at the site, on or off the street;
6. The property owner must obtain all licenses and permits from the city of Duluth and state of Minnesota required for guest occupancy on the property for two to 29 days;
7. The property owner must provide required documents and adhere to additional requirements listed in the city of Duluth’s UDC application manual related to the keeping of a guest record, designating and disclosing a local contact, property use rules, taxation, and interim use permit violations procedures;
8. The property owner must provide a site plan, drawn to scale, showing parking and driveways, all structures and outdoor recreational areas that guests will be allowed to use, including, but not limited to, deck/patio, barbecue grill, recreational fire, pool, hot tub, or sauna, and provide detail concerning the provision of any dense urban screen that may be required to buffer these areas from adjoining properties;
To comply with the new Interim Use Permit you will also need to do the following, if you have not already done so:
1.) Obtain a Hotel/Motel License from the City Clerk’s office by calling 218-730-5500 or visiting http://duluthmn.gov/licenses-permits/hotelmotelbbmotor-court-license/.
2.) Obtain a Lodging License from the State Department of Health by calling Sara Schaffer, 218-302-6184, or visiting http://www.health.state.mn.us/divs/eh/food/license/index.html.
3.) Obtain a Fire Operational Permit from the City’s Fire Prevention by calling 218-730- 4397 or 218-730-4399.
4.) Obtain State Tax Identification Numbers by calling 651-282-5225 or visiting http://www.revenue.state.mn.us/businesses/Pages/Business-Registration.aspx.
5.) Obtain a permit for City of Duluth Tourism Tax by contacting Ruthann Grace in the City Treasurers office at 218-730-5047 or [email protected] or visiting www.duluthmn.gov/finance/tourism-taxes/.
DEPARTMENT OF PLANNING & CONSTRUCTION SERVICES
Community Planning Division
411 West First Street – Room 208 – Duluth, Minnesota 55802-1197 218-730-5580 – An Equal Opportunity Employer
What kind of Short-Term Rental Permit do I need?
This document will explain the two ways the City of Duluth permits short-term rentals and provides a web link to the application procedures for each.
Short-term rentals in Duluth fall into two categories with the primary difference being whether or not the property owner resides on the premises while the guests are present:
Property owner lives in the home during the rental
If the property owner permanently resides at the property during the rental period and they want to rent a room to guests they would apply for an Accessory Home Share permit. A maximum of 4 guests can stay for up to 29 days with an Accessory Home Share Permit. Safety inspections will be required before the permit is issued. This permit must be renewed annually.
This type of permit requires that at least one permanent resident be generally present on or about the premises at all times while the property is being rented.
Renting the entire home without property owner being present
If the property owner wants to rent out the entire property without being present while it is rented a Vacation Dwelling Unit Interim Use Permit is the application to seek. This type of a permit requires guests to stay for a minimum of two nights and rent for up to 29 days. Off- street parking is required based on the total number of bedrooms.
This permit requires a public hearing and approval by the City Council and, if approved, is in place for up to 6 years. Safety inspections will be required before the permit is issued
*Please note that based on direction from the Duluth City Council, only 60 vacation dwelling unit permits will be approved. As of August 15, 2016, over 30 permits have been issued.
What’s next after determining the type of permit that works best for me?
Additional rules and procedures for Accessory Home Share and Vacation Dwelling Units can be found under the heading of “Short-Term Rental Permits” at http://www.duluthmn.gov/community-planning/land-use-zoning-applications/applications/
If you’re interested in a Vacation Dwelling Unit Interim Use Permit, please call to schedule a pre-application meeting with a member of our team at 218-730-5580.
A pre-application meeting is not necessary when applying for an Accessory Home Share permit, but if you have questions please call a Land Use Technician located in our One Stop Shop at 218-730-5240.