[HISTORY: Adopted by the Board of Trustees of the Village
of the Branch as indicated in article histories. Amendments noted
where applicable.]
[Adopted 5-8-2018 by L.L.
No. 4-2018]
As used in this article, the following words shall have the
meanings-indicated:
Includes but not be limited to a wedding, bachelor or bachelorette
party, or similar party activity.
The Director of the Department of Public Safety or his or
her designee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
An individual or group of individuals who are in possession
of and have a fee interest in real property. The term "owner" shall
not include a business entity or association, a trustee, receiver
or guardian of an estate, or a mortgagee or lien holder.
A one-family house used by the owner as his or her or their
principal residence (domicile).
A bedroom or group of bedrooms in a one-family house used
for short-term rentals, where there are no provisions for eating or
cooking, but may include the use of private or shared bathroom facilities.
Can be comprised of dwelling unit(s), a room, or a group
of rooms legally established within one residence that are owner-occupied,
where the dwelling unit(s), room or group of rooms are rented, leased
or otherwise assigned for a tenancy of less than 30 consecutive days,
and where no meals are served. The term "short-term rental" does not
include mixed-use buildings, multiple-dwelling buildings, dormitories,
hotel or motel rooms, bed-and-breakfast inns or boardinghouses or
lodging houses.
A.
Permit required. It shall be unlawful to use, establish, maintain,
operate, occupy, rent or lease any property as a short-term rental
without first having obtained a short-term rental permit. The failure
or refusal to obtain a short-term rental permit shall be deemed a
violation of this article.
B.
Owner-occupancy. It shall be unlawful to use, establish, maintain,
operate, occupy, rent or lease any property as a short-term rental
if the property is not owner occupied. The failure of the owner to
occupy the property as his principal residence (domicile) shall be
deemed a violation of this article.
C.
Advertisement. An application for a short-term rental permit shall
be filed before the room(s) or dwelling unit(s) are advertised for
short-term rental, and if the spaces are not advertised, then such
permit shall be obtained before the room(s) or dwelling unit(s) are
leased or rented. The short-term rental permit number shall be noted
on the advertisement. Any person who advertises the space for rent
or lease, or rents the room(s) or dwelling unit(s) as short-term rentals
without first having obtained a short-term rental permit shall be
deemed to be in violation of this article.
D.
Signage. It shall be unlawful to place signage on property advertising
or identifying any portion of the property as a short-term rental.
Any person who violates the provisions of this subsection shall be
deemed to be in violation of this article.
E.
Parking. All vehicles attributable to short-term rentals shall be parked on site in parking spaces provided for such purpose when the vehicles are not in use. All parking shall comply with the provisions of § 202-7C(5). Any person who violates the provisions of this subsection shall be deemed to be in violation of this article.
F.
Permitted number of days. It shall be unlawful for the property owner
to use, establish, maintain, operate, occupy, rent or lease any portion
of his property as a short-term rental for more than 120 days out
of a calendar year. A property owner may apply to the Director for
a hardship exemption. Any person who violates the provisions of this
subsection shall be deemed to be in violation of this article.
G.
Number of bedrooms. It shall be unlawful for the property owner to
use, establish, maintain, operate, occupy, rent or lease more than
two bedrooms within a dwelling unit. Any person who violates the provisions
of this subsection shall be deemed to be in violation of this article.
H.
Cooking and sleeping facilities. It shall be unlawful to have cooking
facilities in rooms used for short-term rental. There shall not be
any rooms for overnight guests other than in the main building on
the lot. Any person who violates the provisions of this subsection
shall be deemed to be in violation of this article.
I.
Assembly. It shall be unlawful for a short-term rental property to
be utilized for assembly between 10:00 p.m. and 8:00 a.m. Any person
who violates the provisions of this subsection shall be deemed in
violation of this article.
J.
Conditions and restrictions. It shall be unlawful for a property
owner to violate, fail, neglect or refuse to fully comply with any
condition, restriction or requirement of the short-term rental permit.
Any person who violates the provisions of this subsection shall be
deemed to be in violation of this article.
The presence or existence of any of the following shall create
a rebuttable presumption that a property is being utilized as a short-term
rental:
A short-term rental permit shall be valid for a period of one
year from the date of issuance unless sooner terminated or revoked.
A.
Application. Applications for short-term rental permits shall be
on forms provided by the Village Clerk and signed by each property
owner. A nonrefundable application fee of $50 per property shall be
payable upon application. In no instance shall the filing of an application
and payment of fees be construed as to exonerate the property owner
of responsibility for compliance with the building, housing, fire
and maintenance requirements of any local, county, state or federal
agency having jurisdiction. Each application shall include the following:
(1)
The name and address, e-mail address, and contact numbers of all
property owners; and
(2)
Government issued proof of residency of each owner with picture ID
(driver's license, passport, etc.); and
(3)
The property address; the total number of bedrooms and bathrooms
inside the building; the total number of dwelling units and individual
bedrooms proposed for short-term rental use; the location of each
such dwelling unit or individual bedroom within the building; and
the number of persons to be accommodated in each short-term rental
area; and
(4)
The number of existing on-site parking spaces, and the number of
available on-site parking spaces for short-term rentals; and
(5)
A signed and notarized certification in a form acceptable to the
Village Clerk by each property owner attesting to the fact that no
meal service is being provided; that the owner resides at the property
and it is the owner's domicile (primary residence); that the
property is fit for human habitation and safe; that the property owner
will comply with all of the conditions and restrictions of the permit;
that no portion of the area used for short-term rentals will utilize
a cellar or attic, or any portion thereof, as habitable space unless
it meets the requirements of the International Fire and Building Code
or successor law; that the property is in compliance with all the
provisions of this article, the applicable provisions of the Village
Code, the International Fire, Building and Maintenance Codes; and
the required building permits, certificates of occupancy and/or letters-in-lieu
are in place for all existing structures on the property; and
(6)
Such other information and/or documentation deemed necessary by the
Village Clerk.
B.
Duty to amend. If the status of the information changes during the
course of any calendar year, it is the responsibility of the owner
to submit such changes to the Village Clerk, in writing, within 30
days of the occurrence of such change. Failure to do so shall be deemed
a violation of this article.
A short-term rental permit may be renewed by application to
the Village Clerk as in the case of an original permit application,
with payment of a nonrefundable renewal fee of $25 and the production
of any documents deemed necessary by the Village Clerk. All applications
for a renewal of a permit shall be filed before the expiration of
the original permit. A property owner whose permit has expired and
has failed to file for a renewal of the permit shall be required to
pay the amount of $50 as in the case of an original application, and
a late fee of $25. A permit may only be renewed by the same owner
for the same property upon the payment of the requisite fees.
A.
Transferability. Short-term rental permits are not transferable.
Any person who transfers a permit or uses a permit that has been transferred
shall be in violation of this article.
B.
Authority of the Village Clerk. The Village Clerk may issue a permit
upon such restrictions and conditions he/she deems reasonable and
necessary under the circumstances.
C.
Conditions and restrictions of permit. All permits issued pursuant
to this article shall be subject to the following conditions and restrictions,
whether or not they are itemized on the permit:
(1)
The property used for short-term rental shall be the principal residence
(domicile) of the owner at all times during the term of the permit;
and
(2)
There shall be no signage on the property advertising or identifying
the short-term rental; and
(3)
The property shall have no commercial-type lighting outside the building;
and
(4)
All outward appearances of the property in which the short-term rental
will be located must remain as it was before the permit was issued.
A new entrance (doorway) shall not be installed by the applicant to
accommodate the short-term rental. Landscaping around the house may
be changed to accommodate the new use; and
(5)
Sufficient on-site parking must be provided. Said parking shall be
in a driveway on the property that is under review for the permit.
Accommodations for one car per short-term rental stay and two cars
for the owner's family shall be the minimum off-street parking
to be provided; and
(6)
Every bedroom in a short-term rental occupied by one person shall
contain at least 70 square feet of floor area and every bedroom in
a short-term rental occupied by more than one person shall contain
at least 50 square feet of floor area for each occupant thereof. Children
under five years of age shall not be included in the definition or
calculation of occupancy; and
(7)
No more than two bedrooms with separate or shared bathrooms within
a dwelling unit shall be utilized for a short-term rental; and
(8)
There shall be no cooking facilities in rooms. There shall not be
any rooms for overnight guests, other than in the main building on
the lot. There shall be no structural alterations that prevent the
building from being used as a residence; and
(9)
No more than a total of 120 days of short-term rentals shall occur
within a calendar year; and
(10)
Traffic attributed to the short-term rental must not result
in significant adverse impacts to existing traffic patterns nor create
a hazard to pedestrians in the neighborhood; and
(12)
There shall be no assembly at the short-term rental property
between 10:00 p.m. and 8:00 a.m.; and
(13)
The property owner shall maintain a registry of the names and
dates of occupancy of the short-terms rental occupants. This registry
may be produced for review upon request of the Director.
D.
Notification requirements. The Village Clerk shall provide a packet
of information with the issuance with each permit summarizing the
restrictions, guidelines, and requirements applicable to the short-term
rental use. The property owner of the short-term rental shall provide
a copy of the information packet to the occupant(s) of the short-term
rental property.
Once an application has been denied, no reapplication for a
permit or a renewal of the permit shall be accepted for filing until
the applicant has remedied the conditions that formed the basis for
denial to the satisfaction of the Town.
An application for the issuance of a short-term rental permit,
or renewal thereof, may be denied under the following circumstances.
A.
Failure of the owner to file a full, true and complete application;
or
B.
Failure of the property to be owner-occupied as the owner's
principal residence (domicile); or
C.
Occupancy of the property or the short-term rental area(s), by the
persons using the premises, creates a hazard or public nuisance or
other condition which negatively impacts the use and/or enjoyment
of surrounding properties, or threatens the peace and good order,
or quality of life in the surrounding community.
The grounds upon which a permit can be revoked shall include,
but shall not be limited to:
A.
The permit was issued in error, or issued in whole or in part as
a result of a false, untrue, or misleading statement on the permit
application or other document submitted for filing, including, but
not limited to, the schematic or certification; or
B.
The permit has been issued and the Village either has or is in the
process of suspending or revoking the certificate of occupancy or
letter in lieu for the rental property; or
C.
A short-term rental permit has been issued and the owner fails to
continue to occupy the premises on a continuous basis as his primary
residence (domicile); or
D.
Failure to comply or violating the conditions and restrictions of
the permit as established by the Village Clerk or Village Trustees.
Written notice of the Village's intention to revoke a permit
shall be served by registered or certified mail, return receipt requested,
and by regular mail, to the applicant at the address shown on the
application. If the notice is returned by the post office as undeliverable
for any reason, as long as it was properly addressed, service of the
notice shall be valid. Said notice shall state that the applicant
is entitled to be represented by legal counsel at the hearing and
may present the testimony of witnesses and such other evidence in
his or her own behalf as may be deemed relevant or necessary.
A.
At the administrative hearing the applicant shall be entitled to
be represented by legal counsel and provided with an opportunity to
be heard. He/she may present the testimony of witnesses, experts and
other evidence in his own behalf as he/she deems necessary and relevant.
The code officer or other person may appear and give testimony or
submit evidence in support of the proposal to revoke the permit. All
hearings shall be recorded and may be adjourned by the hearing officer
upon good cause shown.
B.
Administrative hearing judge. The hearing judge shall consider the
evidence presented and shall submit his or her findings, in writing,
within 30 days of the close of the hearing or sooner. A copy of the
hearing, officer's report shall be filed with the Village Clerk
or Village Judge and served on the applicant or applicant's attorney
in the same manner as the original notice. The hearing judge's
report shall be final as to the Village of the Branch.
The failure of the applicant or his attorney to appear at the
administrative hearing shall result in the automatic revocation of
the short-term rental permit. The order of revocation shall be mailed
to the applicant or his attorney in the same manner as the original
notice.
If a permit is revoked, no application for a new permit will
be accepted for filing until the applicant has remedied the conditions
that formed the basis of the revocation to the satisfaction of the
Village Clerk, if applicable. Once remedied, the applicant will have
to apply for a new permit and pay a $150 application fee.
