[HISTORY: Adopted by the Board of Trustees of the Village
of Athens 4-8-2020 by L.L. No. 3-2020. Amendments noted where applicable.]
The Village Board finds that it is in the interest of public
health, safety and welfare to regulate through a permitting process
the use of short-term rental lodging facilities occurring within the
Village through the enactment of this chapter.
Below are definitions of terms utilized in this chapter, as
needed. If any definition herein shall be inconsistent with any other
section of the Village Code and/or Zoning Law, the definition herein
shall control.
Homes/short-term rental and or properties that host more
than one commercial wedding, event and/or party per year. A commercial
event is defined as an event planned with the purpose of making money
or where a venue is hired for a private or commercial function. These
include: Private events such as a wedding, a private party, entertainment
events, family reunions, conferences, shows and attractions. Short-term
rental properties that are used as commercial wedding or commercial
party event venues more than once a year shall require a special use
permit.
Any hotel, motel, inn, bed-and-breakfast, dwelling, dwelling
unit or other establishment providing sleeping accommodations to visitors
for compensation.
A property that is not occupied by the owner and is primarily
used for income generation and shall include any structure, boat,
vehicle or mobile home that can be inhabited by humans. Short-term
rental investment properties shall require a special use permit.
A person that is the contact for standard short-term rental
issues. This person must live within 20 miles of the standard short-term
rental he/she represents.
A permit granted or denied by the Planning Board after its
review of a land use which is deemed permissible within a given zoning
district or districts, but which may have the potential to exhibit
characteristics or create impacts incompatible with the purposes of
such district as defined in the Village of Athens Zoning Law.[1]
The rental or lease of any dwelling, dwelling unit or other
establishment to a visitor for a period of less than 30 days. This
definition specifically excludes hotels, motels, inns, bed-and-breakfasts,
investment properties and commercial wedding or party event venues.
SSTRs shall be allowed in all zoning districts of the Village as defined
in the Village of Athens Zoning Law subject to the provisions of this
chapter.
A person visiting or residing in the Village of Athens for
a period of less than 30 days.
A.
No real property within the Village of Athens shall be used or rented
as a standard short-term rental without an annual permit issued by
the Village of Athens Code Enforcement Officer. Such permit shall
include the property owner's name, address, phone number, email
address and contact person's information and the following:
(1)
An annual registration fee, in an amount to be established by resolution
of the Village Board, shall be paid by the owner at the time of filing
a rental registration certificate for each rental unit being registered.
(2)
Permits issued for standard short-term rentals shall be nontransferable
and shall immediately expire upon any change of ownership of the premises.
Any new owners must obtain a new permit prior to any rentals.
(3)
The maximum occupancy of the rental shall be listed on the permit
based on the number of conventional bedrooms in the dwelling unit
for rent.
(4)
A depiction of the allowed parking on the premises.
(5)
Every owner of an SSTR shall register for permits within 60 days
of the passage of this SSTR law and renew such permit no later than
January 31 of each succeeding year. Renewal of the rental registration
certificate is due 30 days prior to its expiration and requires payment
of the annual fee. If applicable, any change of address, agent or
any other registration information shall be submitted at the time
of renewal.
B.
In the event of an occurrence which requires in the discretion of
the Village Code Enforcement Officer or other official charged with
enforcement of local laws within the Village notification of the owner
of a standard short-term rental, the owner shall receive the first
contact. The owner is responsible for responding to any complaint
or occurrence requiring action involving an SSTR in a timely manner.
The owner is responsible for responding to the service of any legal
process and all other notices. If the owner is not available or not
able to take the required action in the appropriate time, the local
contact person will then be contacted. The owner may designate the
local contact as the initial point of contact by written notification
to the Village Code Enforcement Officer.
C.
All standard short-term rentals must maintain a local contact person.
The owner shall provide to the Village, at the time of permit application
and thereafter as necessary, current contact information for the local
contact person, including the name, address, phone number, and email
address. It shall be the responsibility of the owner to ensure that
the Village always has the most current contact information for the
designated local contact person.
(1)
The local contact person must be available for the purpose of responding
to complaints regarding the condition, operation, or conduct of occupants
of the standard short-term rental when the owner cannot be reached.
The local contact person must respond promptly to any such complaints
regardless of the day or time.
(2)
The local contact person must reside within 20 miles of the standard
short-term rental.
D.
The owner shall limit overnight occupancy of the rental unit and
property to specific number of occupants, with the maximum number
of overnight occupants as two persons within each rental unit plus
an amount not to exceed two persons per bedroom within the rental
unit. The owner shall also limit the total daytime occupancy of the
rental unit and property to a specific number of occupants not to
exceed twice the maximum number of overnight occupants. There shall
be no more than one vehicle per two occupants. The following chart
is provided as an example of the manner in which this section shall
be applied:
|
Number of Bedrooms
|
Total Overnight Occupants
|
Additional Daytime Occupants
|
Total Daytime Occupants
|
|---|---|---|---|
|
0 Studio
|
2
|
2
|
4
|
|
1
|
4
|
4
|
8
|
|
2
|
6
|
6
|
12
|
|
3
|
8
|
8
|
16
|
|
4
|
10
|
10
|
20
|
|
5
|
12
|
12
|
24
|
|
6
|
14
|
14
|
28
|
|
7
|
16
|
16
|
32
|
E.
Noise shall not exceed the limits prescribed in the Village Code.
F.
Off-street parking shall be in accordance with the Village Code and
as specifically delineated in the permit application and permit.
G.
All standard short-term rentals shall comply with the following fire
and safety recommendations as applicable.
H.
A copy of the permit, emergency contact information and copies of
the Village noise, garbage and other local laws designated by the
Code Enforcement Office shall be prominently posted and displayed
in all SSTR.
I.
Commercial wedding and event venues shall be permitted in all zoning
districts subject to the issuance of a special use permit as that
term is defined in the Athens Zoning Law.
J.
Fines or penalties, when applicable, shall be in accordance with
those set forth in the Village Code and applicable state or federal
laws. Failure to comply with the Village Code may result in the forfeiture
of the SSTR permit. Failure to provide up to date contact information,
or the provision of inaccurate information on the permit application
may result in the forfeiture of the SSTR permit.
(2)
Upon three violations in any twenty-four-month period, the Department
may suspend or revoke the rental registration certificate for a rental
unit. Suspension or revocation may, at the Department's discretion,
result in an owner being ineligible to apply for a rental registration
certificate for three years.
(3)
Operating without a valid certificate is prohibited. Evidence of
operation may include guest testimony, rental agreements, receipts,
advertising, or any other information deemed relevant by the Department.
Operating without a valid rental registration certificate shall result
in an owner being ineligible to apply for such certificate for three
years.
(4)
The remedies provided for in this section are in addition to, and
not in lieu of, all other legal remedies, criminal or civil, which
may be pursued by the Village to address any violation of this Code
or other public nuisance.
If any clause, sentence, paragraph, word, section or part of
this chapter shall be adjudged by any court of competent jurisdiction
to be unconstitutional, illegal or invalid, such judgment shall not
affect, impair or invalidate the remainder thereof, but shall be confined
in its operation to the clause, sentence, paragraph, word, section
or part thereof, directly involved in the controversy in which said
judgment shall have been rendered.
This chapter shall take effect immediately upon filing with
the Secretary of State's Office.
