This chapter shall be known as and may be cited as the "Shaler
Township Short-Term Rental Ordinance."
This chapter is not intended to, and does not, excuse any landowner
from compliance with the Shaler Township Zoning Ordinance, as amended
from time to time. Whenever possible, this chapter and the Zoning
Ordinance should be construed and interpreted as being consistent,
and not in conflict.
For the purposes of this chapter, words and terms used herein
shall be interpreted as follows:
BEDROOM
A room or space designed to be used for sleeping purposes
with two means of egress (one of which may be a window acceptable
under the building code) and in close proximity to a bathroom. Space
used for eating, cooking, bathrooms, toilet rooms, closets, halls,
storage or utility rooms and similar uses are not considered bedrooms.
Space used or intended for general and informal everyday use such
as a living room, den, and sitting room or similar is not to be considered
a bedroom.
DWELLING UNIT
One or more rooms, occupied or intended for occupancy, as
separate living quarters by a single family maintaining a household,
the members of which have unrestricted access to all other parts thereof,
with cooking, sleeping, and sanitary facilities provided therein,
for the exclusive use of that single family.
PERSON IN CHARGE
A person or agent with actual authority to represent the
owner for purposes of contact and communication regarding the owner's
short-term rental. A person in charge must reside or have an office
within approximately 10 miles of the short-term rental property and
be able to act as legal agent for the owner. The Township must be
notified, in writing, within seven days if there is a change in the
identity of the person in charge.
SHORT TERM RENTAL
Any dwelling unit utilized as a single-family dwelling, which serves as the primary residence of the owner, rented for the purpose of overnight lodging for a period of 30 days or less. A short-term rental does not include accessory uses or structures on the premises and is subject to the performance standards of Article VII, §§
225-42 through
225-53 of the Shaler Township Zoning Ordinance..
No owner of any property in Shaler Township shall operate a
short-term rental in Shaler Township without first obtaining a short-term
rental permit from the Zoning Officer. Operation of a short-term rental
without such short-term rental permit is a violation of this chapter.
Permits are not transferable or assignable to any new owner of the
property.
The administrator of this article shall be the Enforcement Officer
as appointed by the Shaler Township, which shall include any appointed
Assistant Enforcement Officers. The Enforcement Officer and/or the
Assistant shall have the responsibility and authority to administer
and enforce all provisions of this chapter.
The marketing of a short-term rental in which the advertised
occupancy exceeds the maximum occupancy requirements permitted by
this chapter, or which promotes any other activity which is prohibited
by this chapter, shall be a violation of this chapter.
If it appears to an Enforcement Officer that a violation of
this chapter exists or has occurred, the Enforcement Officer shall
send a written notice of violation to the owner by personal delivery
or by both United States first-class and certified mail. The enforcement
notice shall identify the premises which is the subject of the violation,
enumerate the conditions which constitute the violation, cite the
specific sections of this chapter which are violated, indicate the
action required to correct the violation, and provide a time frame
(established by the Enforcement Officer based upon the nature of the
violation) to correct the violation.
In the interest of promoting the public health, safety, and
welfare, and minimizing the burden on Township and community services
and impacts on residential neighborhoods posed by short-term rentals,
a violation of any of the provisions of this chapter is declared to
be a public nuisance.
If the premises are owned by more than one owner, each owner
shall severally be subject to prosecution for a violation of this
chapter.
If any section, provision, or portion of this chapter shall
be held invalid or unconstitutional by any court of competent jurisdiction,
such decision shall not affect any other section, clause, provision
or portion of this chapter so long as it remains legally enforceable
minus the invalid portion. The Township reserves the right to amend
this chapter or any portion thereof from time to time as it shall
deem advisable in the best interest of the promotion of the purposes
and intent of this chapter, and the effective administration thereof.
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.
This chapter shall become effective immediately.