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Planning Commission - October 18, 2023 <br />Page 7 <br />C.2. No rental license shall be issued for any building, room, or suite of rooms in a <br />residential district for any “Short-term rental”, EXCEPT that, any such building, room, or <br />suite of rooms that possessed a rental license with the City as of January 1, 2024, and <br />which has been operated as a “Short-term rental”, shall be entitled to apply for a <br />renewal of such license and continued use for short-term rental purposes. Provided that: <br />the property has been maintained in compliance with all applicable regulations, and no <br />citations or violations for noise, lights, property use, parking, or other nuisance <br />conditions have been documented in the prior twelve (12) month period. [Option 2.] <br />Sacred Settlements. As discussed above, the During the 2023 legislative session, the Legislature <br />passed a bill authorizing religious institutions beginning Jan.1, 2024, to site micro-unit dwellings <br />on religious institution property. It also requires cities to permit such “Sacred Settlements” of <br />micro-units either via a permitted use or conditional use. This legislation was a part of the <br />State’s efforts to address homelessness and affordability for the target populations. <br />The statutory requirements for this land use are codified in MN Stat. Section 320.30, and a <br />summary of the statute is provided from the League of Minnesota Cities as an appendix to this <br />report. Essentially, cities will be required to accommodate these facilities as an extension of a <br />religious institutional use. The only flexibility comes in the ability to require a Conditional Use <br />Permit and impose limited zoning constraints on the extent or impacts of the use. <br />Because certain such religious uses can be located in places where the introduction of <br />residential uses could create new land use conflicts that are not anticipated by the zoning <br />district in which the religious use exists, staff recommends the accompanying ordinance <br />amendment language to require that such uses are allowed only by Conditional Use Permit. <br />While Conditional Uses are presumed to be allowed in the district, there is a degree of <br />discretion over that of a permitted use that gives the City some opportunity to ensure that the <br />residential uses are reasonably compatible with the site and the neighborhood. <br />The city has churches located in a variety of zoning districts. The operation of the statute <br />relates to “faith communities”, not zoning specifically. The applicable Districts are R-1, R-2, R-3, <br />R-4, and the C District – all by Conditional Use Permit. It appears, although it is not clear, that <br />the use would be construed to be an expansion of a legal non-conforming use, such as a <br />religious institution in the L-I, Light Industrial District, the R-O, Recreation/Open Space District, <br />or the R-1A, Single Family Lakeshore District. Therefore, it is presumed that these settlements <br />would not be allowed where the assembly/faith community use is non-conforming. <br />Staff recommends the following as a component of this land use.