All the required approvals shall be obtained prior to establishment of the use. Short-term rentals are a permitted use only as permitted in accordance with City Code, Chapter 197, Zoning, Attachment-1 Table of Permitted Uses and Structures, and only pursuant to a valid short-term rental license issued in accordance with this section by the Planning and Building Department. Any additional requirements of the state shall also be required to be satisfied.
Short-term rentals, as defined in § 150-2, Definitions, shall be subject to the following general requirements:
A.
Short-term rental dwellings shall meet all applicable building, health,
fire, and related safety codes at all times, including:
(1)
That each short-term rental has working smoke detectors in every
bedroom, outside of all sleeping areas, and on all habitable floors;
(2)
That each short-term rental has working carbon monoxide detectors
in every dwelling unit with an attached garage or fuel appliances;
(3)
That each short-term rental has a properly maintained and charged
fire extinguisher in each short-term rental unit; and
(4)
That each short-term rental has GFCI receptacles within six feet
of the outside edge of any sink.
B.
The overnight occupancy of a short-term rental shall not exceed the sum of two persons per bedroom, as defined in § 150-2, Definitions, plus an additional two persons. Children 12 years of age and younger shall not be counted towards the overall number of occupants.
C.
Short-term rentals shall not be operated outdoors, in a recreational
vehicle, or any nonresidential structure.
D.
The short-term rental property shall meet all applicable requirements
of the zoning district in which the property is located.
A.
Use of the short-term rentals to host commercial activities shall
be prohibited.
C.
Good Neighbor Brochures will be available to every renter.
D.
All advertising for any short-term rental, including electronic advertising
on short-term rental websites, shall include the identification number
of the short-term rental.
E.
The license holder shall maintain records of all short-term rental
booking dates and associated rental income and shall provide it to
the City in conjunction with an annual City gross receipts rental
tax remittance.
F.
The City shall limit the use of the short-term rental booking records collected under Subsection E to confirm compliance with the provisions of Chapter 172, Taxation, Article II, Gross Receipts Rental Tax. The short-term rental booking records shall only be provided to a third party when required by law.
G.
All short-term rental license holders shall comply with the provisions
of any city, county, state, or federal disaster or emergency orders.
H.
The following information shall be made conspicuously visible inside
the dwelling: the property's rental identification number and
information on maximum occupancy, location of any off-street parking
on the property if such off-street parking exists, contact information
for the property owner or local representative, emergency numbers,
and waste and recycling pickup schedule.
I.
The designated local contact person shall be available 24 hours a
day to accept telephone calls from the City and, if requested by the
City, respond physically to the short-term rental within a reasonable
time period, not to exceed two hours when the short-term rental is
rented and occupied. Upon request by the contact person, the City
will accompany the contact person to the short-term rental dwelling.
A.
An applicant for a short-term rental license shall submit to the
following requirements and documentation:
(1)
The name, address, phone number and email contact information of
the applicant and the address of the property being applied for.
(2)
Attest to the following and furnish the necessary documentation upon
request of the Planning and Building Department:
(a)
That the applicant has an ownership interest in the property
being applied for;
(b)
That each short-term rental has the required safety equipment
including: working smoke detectors in every bedroom, outside sleeping
area, and on all habitable floors; working carbon monoxide detectors
in every dwelling unit with an attached garage or fuel appliances;
a properly maintained and charged fire extinguisher; and GFCI receptacles
within six feet of the outside edge of any sink;
(c)
That the property has no outstanding taxes, fees, or City liens,
outside of a mortgage;
(d)
That the property is not subject to any contractual restrictions
precluding its use as a short-term rental, including, but not limited
to, homeowner association agreements, condominium bylaws, or restrictive
covenants;
(e)
That the applicant consents to the inspection of the short-term rental by the Planning and Building Department to confirm attestations of all application information and license requirements, as described in § 150-7A(2);
(f)
That in each short-term rental there is a document that provides
the property's rental identification number and information on
maximum occupancy, location of off-street parking on the property
if such off-street parking exists, contact information for the property
owner or local representative, emergency numbers, and waste and recycling
pickup schedule. This document shall be conspicuously visible within
the unit; and
(g)
That the Good Neighbor Brochure will be provided to every renter
and maintained in the home by the owner, their agent or local contact.
B.
By obtaining a license the property owner agrees to allow the Planning
and Building Department the right to inspect a short-term rental to
confirm attestations of all application information and license requirements.
Inspections shall be performed at an agreed upon time with no less
than 48 hours prior notice, except in the case of an immediate threat
to public safety. Nonresponse to or refusal of an inspection shall
be grounds for the suspension of a short-term rental license.
C.
Any fraud, material misrepresentations, or false statements contained
in the attestations, required documentation, or correlating application
materials shall be grounds for immediate revocation of a short-term
rental license. Furthermore, all requirements herein shall be continuously
maintained throughout the duration of the license.
A.
Upon satisfactory submission of the required attestations and requested
documentation herein, the Planning and Building Department shall issue
a short-term rental license. Said license shall contain:
(1)
The address of the short-term rental;
(2)
The license holder's name;
(3)
The rental identification number, and rental limitations, including
maximum occupancy; and
(4)
Contact information (name, primary phone number and email) for complaints
by guests, of a local contact person who shall be available 24 hours
a day to accept telephone calls from City personnel and, when requested
by the City, respond physically to the short-term rental within a
reasonable time period, not to exceed two hours, when the property
is rented and occupied. Upon request by the local contact, the City
will accompany the contact person to the short-term rental dwelling.
A.
Any violation of this article and the correlating provisions in the
City Code may subject a violator to any remedy, legal or equitable,
available to the City.
B.
License violations include:
(1)
Operating a short-term rental without a valid short-term rental license;
(2)
Advertisement or rental of a short-term rental without proper licensing;
(3)
Failure to include the rental identification number of a short-term
rental unit in any advertisement or listing;
(4)
Advertising a short-term rental outside the permitted scope of a
short-term rental license; and
(5)
Failure to remit all applicable taxes.
C.
Operation violations include:
(1)
Use of the short-term rental for commercial/fundraising activities;
(2)
Failure to provide the Good Neighbor Brochure;
(3)
Failure to maintain required records;
(5)
Nonresponse to or refusal of an inspection;
(7)
Failure of local contact person to satisfactorily respond to or resolve
complaints;
(8)
Failure to comply with any disaster or emergency orders; and
(9)
Disorderly dwelling.
D.
The short-term rental license fines shall be as approved by the Mayor
and City Council and indicated in the schedules maintained by the
City of Lewes. The following penalties shall apply to notices of violation:
(1)
For license violations:
(a)
First violation of an offense: written warning;
(b)
Second violation of the same offense: fine;
(c)
Third and subsequent violation of the same offense or the sum
of six violations of more than one type of offense during the term
of the rental license: fine and immediate revocation of short-term
rental license.
(2)
For operation violations:
(a)
First violation of an offense: written warning;
(b)
Second violation of the same offense: fine;
(c)
Third and subsequent violation of the same offense or the sum
of six violations of more than one type of offense during the term
of the rental license: fine and immediate revocation of short-term
rental license.
(3)
Three repeat violations of this article during the term of the rental
license or the sum of six notices of violation during the term of
the rental license or any revocation of a short-term license shall
be grounds for denial of a short-term license issuance or renewal
for 12 months from the date of revocation.
A.
Any person having a complaint regarding any alleged violation or
violations of this article for a short-term rental shall call the
Planning and Building Department at City Hall, Monday through Friday,
excluding weekends and holidays. For weekends, holidays, and outside
office hours, any person having a complaint should contact the Police
Department.
B.
If the complainant feels the property owner or the authorized agent
failed to satisfactorily resolve a complaint, the complainant shall
notify the City Manager, in writing. The City Manager will investigate
the complaint, and if deemed accurate, will authorize the Planning
and Building Department to issue a notice of violation to the property
owner or the authorized agent.
