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Posted on: November 30, 2022

NEW ORDINANCE - ORD-7-2022 - Limiting Number of Rental Property to 30% per Residential Block

CITY OF DELLWOOD, MISSOURI

AN ORDINANCE

 

1st READING____________                                                                  BILL NO.  __BL-2022-07____

 

2nd READING____________                                               ORDINANCE NO.____OR-07-2022____

 

TITLE

 

AN ORDINANCE SEEKING TO ESTABLISH A POSITIVE IMPACT IN NEIGHBORHOODS THROUGHOUT THE CITY OF DELLWOOD AND TO INCREASE THE QUALITY OF LIFE AND HOMEOWNERSHIP WITHIN SAME BY CREATING A THIRTY-PERCENT LIMITATION OF SINGLE-FAMILY RENTAL HOMES PER RESIDENTIAL BLOCK

 

WHEREAS, section 79.110, RSMo., grants to the mayor and board of aldermen (“the City”) the power to exercise the care, management and control of the city and its finances; and 

 

WHEREAS, this Ordinance is reasonable and prudent because it seeks to improve the quality of life of the City’s residents and homeownership throughout the neighborhood by creating a thirty-percent limitation of single-family rental homes per residential block; and 

 

WHEREAS, the overall purpose and goal of this Ordinance is in the best interest of the City.

 

NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF

DELLWOOD, ST. LOUIS COUNTY, MISSOURI, AS FOLLOWS:

 

SECTION 1:

 

The City hereby establishes a limitation on rental housing within City neighborhoods.  All areas/neighborhoods within the City zoned for “residential dwelling” shall have no more than thirty percent (30%), rounded up, of the lots on any block eligible to receive a certification or annual rental license as a rental property. 

 

SECTION 2:

 

Webster Third New International Dictionary of the English Language shall be considered as providing ordinary accepted meanings of words and terms used throughout this Ordinance.  Where terms are not explicitly defined, they shall reference this source or apply the ordinary meanings within the context in which the word or term is used. 

 

Words in the singular include the plural and the plural the singular.  Words used in the masculine gender include the feminine and the feminine the masculine.

 

The following terms are explicitly defined for this Ordinance:

BLOCK

 

Is a group of properties bounded entirely by streets, public land, railroad, rights-of-way, zoning district lines, corporate limit lines, or physical features such as rivers, ponds, or lakes, provided that final delineation of a block shall be made by City staff.

 

DWELLING

 

Is a building wholly or partly used or intended to be used for living, sleeping, cooking or eating purposes by human occupants, but not including hotels and motels.

 

DWELLING UNIT

 

Is a room or a group of rooms located within a dwelling or forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking, and eating, purposes.

 

HABITABLE ROOM

 

Is a room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closets compartments, laundries, pantries, foyers, or communicating corridors, closets, and storage spaces.

 

HOT WATER

 

Is water supplied to plumbing fixtures at a temperature of not less than one hundred twenty degrees Fahrenheit (120° F.), forty-nine degrees Celsius (49° C.).

 

INFESTATION

 

Is the presence of insects, rodents, or other pests within or around the dwelling on the premises.

 

LET

 

Is to give the use of a dwelling unit or rooming unit by an owner or manager to a tenant in return for rent.

 

OCCUPANCY PERMIT

 

Issued by the City to establish that the property is suitable for habitation by meeting health, safety, and welfare standards.

 

OCCUPANT

 

Is one or more persons occupying and maintaining a common household in a single dwelling unit.

OWNER

 

Is a person, firm or corporation who alone, jointly or severally with others owns or has an ownership interest in a dwelling unit or rooming unit within the City.

 

RENT

 

Is a stated return or payment for the temporary possession of a dwelling unit or rooming unit. The return or payment may be money or service or property.

 

SECTION 3:

 

When determining the number of eligible properties on a block the number shall be the lowest number that results in thirty percent (30%) or more of the residential lots being rental. In cases in which one portion of the block is in an affected zone and another is in an exempt zone, only the affected portion is subject to this regulation.

 

SECTION 4: 

 

Property located outside of the residential dwelling zones are exempt from this Ordinance.  In addition to this exemption, a property owner whose property is subject to the thirty-percent limitation may obtain a temporary rental license for his or her property for a period of time not exceeding twelve (12) consecutive months under the following conditions:

 

  1. The property is actively being offered for sale to the public by the owner or by any authorized agent of the owner during the license term.
  2. The property shall be temporarily licensed for rental purposes only if the property complies with all applicable City rental housing requirements.
  3. The property shall be licensed only for one of the following: one adult living alone or two unrelated adults living together with any dependents by birth, adoption or law, or any number of person related by blood, marriage, adoption, or law.
  4. The temporary, rental housing license shall terminate immediately upon the closing of a sale of the property to a purchaser or at the end of the license term, whichever event first occurs.
  5. A copy of the lease agreement shall be deposited with the City Public Works Inspections Division within one (1) week from the date of the execution of the lease and before an occupancy permit will be issued.

 

This Ordinance shall also not apply to rental properties which are already in place as of the date of adoption of same. However, the exempted properties will be counted among the thirty percent (30%) of allowable rental houses for purposes of determining whether new licenses may be issued.

 

 

SECTION 5:

 

All acts and parts of Ordinances or Resolutions heretofore adopted by the City in conflict with the provisions of this Ordinance are hereby repealed insofar as they conflict with the provisions of this Ordinance.

 

SECTION 6:

 

This ordinance shall be in full force and effect from and after the date of its passage and approval.

 

 

PASSED by the Board of Aldermen and APPROVED by the Mayor of the City of Dellwood, Missouri, this ___14______day of _____November___ 2022.

 

                                                            

                                    

 

                                                                                                                                                

The Honorable Reggie Jones

Mayor

(SEAL)

 

 

 

 

 

 

 

 

Attest:

 

 

 

 

                                                            

Gainell A. Davidson

City Clerk

 

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