§ 91.05  Exemptions And Exclusions
   There shall be exempted from the application of § 91.02:
      (1)   Any single-family house sold or rented by an owner, provided that such private individual owner does not own more than three (3) such single-family houses, wherever located, at any one time; provided further, that in the case of the sale of such single-family house by a private individual owner not residing in such house at the time of such sale or who was not the most recent resident of such house prior to such sale, the exemption granted by this section shall apply only with respect to one (1) such sale within any twenty-four (24) month period; provided further, that such bona fide private individual owner does not own  any  interest  in  nor is  there  owned or reserved on his/her behalf, under any express or voluntary agreement, title to or any right to all or a portion of the proceeds from the sale or rental of more than three (3) such single-family houses at any one (1) time; provided further, the sale or rental of any such single-family house shall be excepted from the application of this chapter only if such house is sold or rented (1) without the use in any manner of the sales or rental facilities or the sales or rental services of any real estate broker, agent or salesman, or of such facilities or services of any person in the business of selling or renting dwellings, or of any employee or agent of any such broker, agent, salesman or person and (2) without the publication, posting or mailing of any advertisement or written notice in violation of § 91.02(c) hereof; but nothing in this provision shall prohibit the use of attorneys, escrow agents, abstractors, title companies, and other such professional assistance as necessary to perfect or transfer the title.
      (2)   The rental of rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four (4) families living independently of each other if the owner actually maintains and occupies one (1) of such living quarters as his residence.
      (3)   The rental of a single room in a dwelling containing living quarters occupied or intended to be occupied by no more than one (1) family if the person offering such room for rental actually maintains and occupies the remainder of such dwelling as his residence and not more than four (4) such rooms are offered.
   Nothing in this chapter shall prohibit a religious organization, association, or society or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with religious organization, association, or society, from limiting the sale, rental, or occupancy of dwellings which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, sex, religion, national origin, physical/mental handicap, or familial status.
   Nothing in this chapter shall prohibit a bona fide private club, not in fact open to the public and which as an incident to its primary purpose provides lodging which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.
(Am. Ord. 12-97-1, passed 12-2-97)