A.
Intent. It is the intent of this section to fulfill the recommendations
of the Nittany Valley Regional Comprehensive Plan as it relates to
the siting and operation of adult-oriented businesses.
B.
Prohibited uses. Consistent with the Nittany Valley Regional Comprehensive
Plan, adult-oriented businesses shall not be permitted within the
Borough of Bellefonte.
A.
Intent. It is the intent of this section to fulfill the recommendations
of the Nittany Valley Regional Comprehensive Plan as it relates to
the siting and operation of auto wrecking, junk and scrap establishments.
B.
Performance requirements. In addition to the district regulations
specified, all auto wrecking, junk and scrap establishments shall
meet the following regulations:
(1)
All material shall be placed in such a manner that it is incapable
of being transferred off the premises by wind, water or other natural
cause.
(2)
No material shall be placed within the front, side or rear yard setback
areas. All yard setback areas shall at all times be kept clean, vacant
and maintained with grass and vegetative cover.
(3)
All paper, cloth, rags and other fibers, and activities involving
the same, other than loading and unloading, shall be within fully
enclosed buildings.
(4)
All materials and activities not within fully enclosed buildings
shall be surrounded by a fence or wall at least six feet high. Such
fence shall be completely sight-obscuring from the nearest point on
the lot line and maintained in good condition. No such fence may be
permitted in any yard setback area. Any gate in a fence shall be similarly
constructed and maintained and shall be kept securely locked at all
times when the establishment is not in operation. The yard setback
areas should be planted in grass, trees, bushes and other vegetative
cover.
(5)
All gasoline and oil shall be drained from any junked motor vehicle
into containers and stored at only one aboveground location on the
premises.
(6)
Fire hazards shall be minimized by the segregation of combustible
from incombustible materials and the provision of adequate aisles
for escape and fire-fighting equipment.
(7)
The storage of material in piles shall not exceed 10 feet high.
(8)
The manner of storage and arrangement of junk and the drainage facilities
of the premises shall be such as to prevent the accumulation of stagnant
water.
(9)
Every structure erected upon the lot after the enactment of this
chapter shall be of fireproof construction.
(10)
No structure or storage shall be within 100 feet of a body of
water, stream or sinkhole.
Intent. The following conditions are intended to provide for
the siting and operating of bed-and-breakfast establishments within
the Nittany Valley Region while providing reasonable protection to
the municipality and to the neighborhood in which the facility will
be located against possible detrimental effects. In addition to the
underlying district regulations specified in this chapter, all bed-and-breakfast
establishments shall meet the following requirements:
A.
Bed-and-breakfast establishments with five or less guest rooms shall
be owner-occupied. The owner of the facility must physically reside
on site during all periods that the facility is open to the public
and that guests are housed.
B.
Establishments with six to nine guest rooms may be approved by Borough
Council, through conditional use, subject to review and comment by
the Borough Planning Commission. The owner or professional manager
must physically reside on site during all periods that the facility
is open to the public and that guests are housed.
C.
The building and parking areas shall be located and maintained in
a manner compatible with the general character of the surrounding
neighborhood. Exterior alterations, additions or changes to the dwelling
unit in order to accommodate or facilitate a bed-and-breakfast establishment
shall retain the residential character of the dwelling unit and the
surrounding neighborhood.
D.
A bed-and-breakfast establishment shall be limited to rooms within
the single-family detached residential dwelling unit. Consideration
may be given to the placement of overnight accommodations in accessory
buildings, subject to the following:
(1)
The primary building to which the subject building is accessory is
designated as a local or nationally registered historic property,
and the subject accessory building is a contributing building to the
historic district designation.
(2)
The applicant shall furnish evidence that an approved system of water
supply and sewage disposal will be utilized.
(3)
Applicants shall maintain the existing exterior character of the
building.
(4)
Accessory structures may not be altered in such a way that the roofline
of the accessory structure is made higher than the roofline of the
primary structure.
E.
No off-street parking, other than that which is required in Article XIX of this chapter, entitled "Off-Street Parking and Loading," shall be required for bed-and-breakfast establishments with two or less guest rooms. One off-street parking space shall be provided for each additional guest room over two. All such parking shall be unobtrusive. Parking within a Conservation District shall be located and/or landscaped in such a manner that it is screened from the view of adjacent properties.
F.
Signage for bed-and-breakfast establishments shall be consistent
with the requirements set forth in the Borough's sign regulations.
G.
No outdoor storage shall be permitted other than that which would
be permitted under existing zoning.
H.
Meals for compensation shall be provided only to guests of the bed-and-breakfast
establishment. No cooking or kitchen facilities shall be permitted
in any of the guest room units.
I.
The length of stay per guest shall be limited to 14 consecutive days
and 45 total days in any twelve-month period.
J.
In order to ensure compliance with all aforementioned criteria, the
applicant shall be required to submit a general site plan, obtain
a zoning permit, and satisfy the requirements of Bellefonte Borough's
adopted International Property Maintenance Code prior to receiving
guests for compensation.
K.
Permits required for the establishment and operation of a bed-and-breakfast
establishment may be transferred upon the sale of the subject property.
Permits shall not be transferable from one location to another.
L.
Bed-and-breakfast establishments shall comply with all applicable
federal, state and local regulations.
M.
Use of a single-family detached residential dwelling unit as a bed-and-breakfast
establishment shall not constitute an abandonment of single-family
residential use as a use by right.
As of the effective date of this chapter, boardinghouses are
not a permitted use within Bellefonte Borough. However, permitted
boardinghouses in operation as of the effective date of this chapter
shall comply with the following regulations:
A.
Intent. The following conditions are intended to provide for the
siting and operating of cemeteries within the Nittany Valley Region
while providing reasonable protection to the municipality and to the
neighborhood in which the facility will be located against possible
detrimental effects.
B.
General requirements. Any person desiring to establish or maintain
a cemetery or extend the boundaries of any existing cemetery shall
file an application for a conditional use permit which shall include
the following additional information:
(1)
The names, addresses and applicable state licenses of all officers
and directors of the corporation or organization which will be in
charge of the operation of the cemetery.
(2)
A map showing the exact location, exterior boundaries and legal description
of the property which is proposed to be used for a cemetery or extension
of an existing cemetery. Said map shall also show any water sources,
bodies of water, and/or wells existing on site or within 300 feet
of the exterior boundaries of the property, along with cemetery buildings
and burial plots.
(3)
A proposal for the perpetual care of the facility and proof of financial
ability to develop and maintain the facility in such a manner as to
prevent the proposed cemetery from becoming a public nuisance.
A.
Intent. The following conditions are intended to provide for the
siting and operating of day-care facilities within the Nittany Valley
Region while providing reasonable protection to the municipality and
to the neighborhood in which the facility will be located against
possible detrimental effects.
B.
Performance requirements. In addition to the district regulations
specified, all day-care centers shall meet the following requirements:
(1)
Location. Day-care centers shall be located only on lots with direct
motor vehicle access onto collector or arterial streets in the districts
where they are permitted uses, except in the HC District, where they
shall also be permitted on local streets.
(2)
Screening. All outdoor play areas shall be completely enclosed by
fence or wall with a minimum height of four feet and screened with
an evergreen planting that shall reach a height of at least six feet
at maturity. Such play areas shall not be placed in the front or side
yard setback area.
(3)
License. Day-care facilities must be licensed by the appropriate
state agency and a copy of the license provided to the Borough.
Essential services shall be categorized as follows: on-lot facilities,
area facilities, and plants, and shall be subject to the following:
A.
On-lot facilities shall consist of sewer laterals, telephone lines,
water connections, and so on, that connect the use on the lot to the
utility or essential services. On-lot essential services shall be
considered accessory uses or structures that are customary to the
primary use.
B.
Area facilities shall consist of telephone transfer stations, electrical
transmission connectors, and other small structures or facilities
necessary for area dissemination of the utility or essential services.
These shall be permitted, subject to the following conditions:
(1)
The lot shall be capable of meeting minimum area requirements or
shall be legally part of another conforming lot so that, in the event
the facility is no longer necessary, the lot will be usable according
to the district regulations;
(2)
The proposed facility is necessary;
(3)
The proposed facility will be landscaped or designed to conform with
its surroundings and the neighborhood; and
(4)
Access to the facility will be adequate.
C.
Plants or other major facilities for generating, storing or treating
shall meet all requirements for the district in which they are located.
These shall be permitted only in the Industrial District.
A.
Intent. The following conditions are intended to provide for the
siting and operating of golf course facilities within the Nittany
Valley Region while providing reasonable protection to the municipality
and to the neighborhood in which the facility will be located against
possible detrimental effects.
B.
General site requirements.
(1)
Minimum tract size for a golf course shall be 200 acres.
(2)
No golfing green or fairway shall be closer than 100 feet to any
lot line, except for miniature golf facilities, where the underlying
zoning district setbacks shall apply.
(3)
Golfing tees, tee boxes, and greens for the same fairway or range
may not be separated by a street. Access drives shall be located in
such a manner as to provide maximum site distances for motorists.
(4)
Driving ranges shall have screens or fences of a height and location
sufficient to prevent golf balls from landing on adjoining properties.
(5)
Site boundary areas, if wooded, shall remain wooded to the greatest
extent practicable.
(6)
An illumination plan shall be required. Lighting on the site shall
use full cutoff fixtures with shielding in appropriate areas to limit
spillover onto adjacent properties.
(7)
Accessory and incidental uses (including pro shop and eating and
drinking establishment) shall be permitted; however such uses shall
only continue as long as the golf course is in operation.
(8)
A minimum of four off-street parking spaces per hole shall be provided.
In addition, one off-street parking space per 200 square feet of restaurant
and/or retail space shall be provided.
A.
Home occupations. A home occupation may be conducted in a dwelling by the occupants of the dwelling, subject to the following regulations. Bed-and-breakfast establishments are not regulated as a home occupation; see § 575-56.
B.
Home occupations shall be permitted as accessory uses by right after
a home occupations permit has been approved. The fee for the home
occupations permit shall be set by Bellefonte Borough Council through
resolution. All home occupations shall be conducted according to the
performance standards established in this section.
C.
The Zoning Officer shall be responsible for enforcement of the following
performance standards regulating home occupations. Upon determination
by the Zoning Officer that any of the standards are being violated,
the Zoning Officer shall send a notice of violation to the persons
conducting the home occupation and landowner pursuant to Section 616.1
of the MPC, 53 P.S. § 10616.1. The persons receiving said
notice may appeal the determination of the Zoning Officer to the Zoning
Hearing Board.
D.
The standards regulating the conduct of home occupations are as follows:
(1)
Unobtrusiveness. Home occupations shall be conducted unobtrusively
and shall not impinge upon neighbors nor adversely affect the residential
character of the premises or the neighborhood.
(2)
Employees. Home occupations shall be carried on only by members of
the family who reside in the dwelling unit, plus not more than one
full-time additional employee or equivalent, except in the R-1 District,
where no employees shall be permitted.
(3)
Area. Home occupations may be conducted in the dwelling unit, garage
or outbuildings on the premises. However, the total space devoted
to home occupations, including storage or materials, shall not exceed
25% of the finished floor space of the principal dwelling unit.
(4)
Display. There shall be no use of show windows, displays or advertising visible outside the premises to attract customers or clients, except as permitted by in Article XXI, Signs, of this chapter.
(5)
Storage. There shall be no exterior storage of materials for the
home occupation.
(6)
Alterations. No exterior alterations, additions or changes to the
residential character of the dwelling unit shall be permitted in order
to accommodate or facilitate a home occupation.
(7)
Servicing. No repetitive servicing by truck or service vehicles for
delivery of supplies or materials to the home occupation shall be
permitted.
(8)
Sale of goods. Occasional sale of tangible goods produced on the
premises is permitted, provided that the number of customers coming
to the premises to inspect or purchase such goods does not average
more than 10 per week. Such tangible goods shall be limited to articles
produced solely on the premises, such as works of art, sculptures
or products of a hobby (such as, but not limited to, ceramics, model
trains, and so forth).
(9)
Client, patient or customer visit. No business of any type shall
be conducted as a home occupation that involves more than an average
of 10 visits per week to the premises by clients, customers or patients.
(10)
Traffic. Home occupations shall not create additional traffic
patterns or parking problems for neighbors by conducting a business
that requires more than one street-parking space more than what the
home would need if the occupants did not engage in a home occupation.
(11)
Parking. No more than two additional off-street parking spaces
may be created on the premises for home occupations. Such additional
parking spaces shall be located behind the dwelling unit and effectively
screened from view by neighbors and shall be approachable via existing
driveways. Paving of front or side yard setbacks to provide for additional
parking spaces for home occupations shall be considered obtrusive
and damaging to the character of the neighborhood and is not permitted.
(12)
Noise, fumes and so forth. No home occupation shall create noise,
fumes, smells, vibrations or other effects that are heard, observed,
smelled or felt beyond the property line.
(13)
Guide. In general, all home occupations are permitted that meet
the above performance standards. As a guide or help, the following
is a partial list of uses that are generally permitted or not permitted
as home occupations:
(a)
Examples of uses generally permitted as home occupations:
[1]
Domestic service, such as babysitting (with no more than five
children who are not regular members of the household). See supplemental
regulations for day-care facilities.
[2]
Occasional personal service, including hairstyling but excluding
beauty salon services.
[3]
Professional offices requiring infrequent client visits, such
as architecture or very specialized or otherwise limited practice
of law, engineering or accounting.
[4]
Teaching and tutoring.
[5]
Catering services provided off site.
[6]
Information services conducted by computer network or mail.
(b)
Examples of uses generally not permitted as home occupations.
[1]
Vehicle repair, maintenance or inspection (other than on the
personal vehicles of occupants of the premises).
[2]
Retail or wholesale sale of goods produced off premises.
[3]
Commercial printing.
[4]
Antiques store.
[5]
Industrial production.
[6]
Medical or dental clinic.
[7]
Realty or insurance office.
[8]
Beauty salons.
All uses of land and structures shall be prohibited that:
A.
Produce heat or vibration perceptible by human senses beyond lot
line;
B.
Produce glare from any process that emits harmful ultraviolet rays,
including arc welding and acetylene-torch cutting, perceptible beyond
lot line; and
C.
Produce electromagnetic radiation or radioactive emissions injurious
to human beings, animals or vegetation, or that interfere with the
use of any other property.
A.
Intent. The following conditions are intended to provide for the
use of portable storage units for temporary storage within the Nittany
Valley Region while providing reasonable protection to the municipality
and to the neighborhood in which the units will be located against
possible detrimental effects.
B.
General requirements. Portable storage units shall not be permitted
as permanent accessory structures in any zoning district. Such units
shall be permitted as a temporary use in the following districts,
subject to the following requirements:
(2)
Portable storage units may be allowed in nonresidential zoning districts
so long as the unit is placed in the rear or side yard area of the
site. Under no circumstances shall a portable storage unit be placed
in an area fronting a street or road or in a grass/landscaped area
or in the front parking lot of a commercial establishment. The placement
of portable storage units in fire lanes, passenger loading zones,
commercial loading zones, or public rights-of-way shall be strictly
prohibited.
(3)
Placement of portable storage units shall occur with the concurrence
of the Zoning Officer after demonstrating that the specific location
can sufficiently accommodate the unit and continue to provide adequate
parking and public safety access and provide for the general health,
safety and welfare of nearby residents. Under no circumstances shall
a unit be placed so as to interfere with any use of a sidewalk, bike
path, or public right-of-way.
(4)
No more than one portable storage unit per site may be permitted
in any residential zoning district. Such units shall be no larger
than eight feet wide by 16 feet long by eight feet high.
(5)
No more than two portable storage units per site may be permitted
in any nonresidential zoning district. Such units shall be no larger
than eight feet wide by 40 feet long by eight feet high.
(6)
Portable storage units shall not remain at any site within a residential
zoning district in excess of five consecutive days or in excess of
10 days in any calendar year. No portable storage unit shall remain
at any nonresidential site in excess of 14 consecutive days or in
excess of 30 days in any calendar year.
(7)
The owner and/or operator of any site on which a portable storage
unit is placed shall be responsible for ensuring that the unit is
in good condition and free from evidence of deterioration, weathering,
discoloration, rust, holes, etc.
(8)
No form of waste, refuse or hazardous material shall be stored within
a portable storage unit.
(9)
A portable storage unit shall have no signage other than a serial
number identifying the unit, the name, address and telephone number
of the person or firm engaged in the business of renting or otherwise
placing the unit.
(10)
A permit shall be required for the placement of a portable storage
unit on any property within the municipality. Application for a permit
shall be made to the Zoning Officer. Said application shall include
the signature of the property owner or the owner's agent in order
to ensure that the owner has full knowledge of, and consents to, placement
of the portable storage unit on his or her property and consents to
conform to the provisions of this article.
[Added 1-17-2023 by Ord. No. 01172023-01]
A.
General provisions. This section shall be known and may be sited
as the "Borough of Bellefonte Short-Term Rental Ordinance."
B.
Purpose and intent.
(1)
To establish the regulations, procedures and standards for the
review and approval of all short-term rental units in the Borough
of Bellefonte;
(2)
To preserve and foster public health, safety, and general welfare,
and to aid in the harmonious and orderly development of both the residential
and commercial districts of the Borough in accordance with the regional
comprehensive plan;
(3)
To establish a review process that is efficient in terms of
time and expense; effective in addressing the impacts of short-term
rental units; and equitable with regard to regulations and procedures,
while respecting the rights of all property owners and residents;
(4)
To ensure the safety of structures that are used as short-term
rentals; and
(5)
If in violation of this section, penalties exist to ensure compliance
to protect the health, safety, and general welfare of the residents
of the Borough of Bellefonte and those utilizing the dwellings described
herein.
C.
Applicability. No person, firm, or corporation shall rent or lease
to another, or advertise for rent or lease, or provide for short-term
occupancy, any dwelling unit, rooming unit, or portion thereof, until
the regulations contained herein have been met and a short-term rental
permit has been received.
D.
DESIGNATED AGENT or PERSON IN CHARGE
DWELLING UNIT
PRE-EXISTING NONCONFORMING USE
SHORT-TERM RENTAL
Definitions. Unless a contrary intention clearly appears, the following
words and phrases shall have the meaning given in this section, as
well as those terms defined in Chapter 152, Property Maintenance Code.
All words and terms not defined herein shall be used with meaning
of standard usage.
A licensee or designated person in charge who has been assigned
by the property owner (client) to represent said client. The designated
agent or person in charge must be at least 21 years of age and reside
within 25 miles of the Borough centered by the location of the County
Court House and must be locally available 24/7 whenever the property
is being rented.
A single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking, and sanitation.
Any use, whether of a building or tract of land or both,
existing on the effective date of this section, which does not conform
to the use regulations of the district in which it is located.
Any dwelling unit, or portion thereof, that is offered for
rent as a living facility in increments of 29 consecutive nights or
less.
E.
Short-term rental establishments. The following conditions are intended
to provide for the siting and operating of short-term rental establishments
within the Borough of Bellefonte while providing reasonable protection
to the municipality and to the neighborhood in which the facility
will be located against possible detrimental effects. In addition
to the underlying district regulations specified in this section,
all short-term rental establishments shall meet the following requirements.
(1)
Short-term rental establishments may be owner occupied or nonowner
occupied.
(2)
Pre-existing short-term rentals in the R-1 and R-2 Districts
are nonconforming to the guidelines of the residential districts.
For this purpose, short-term rentals that have been permitted, prior
to the date of enactment of this section through the Borough of Bellefonte
Zoning Office and the Borough of Bellefonte contracted Building Safety
and Property Code agency shall be allowed to continue as nonconforming.
No additional short-term rentals will be permitted in R-1 and R-2
Zoning Districts. The new owner of the property holding a short-term
rental permit must apply for a new permit within one year of the transfer
of sale.
(3)
Failure to maintain short-term rental status in the R1 and R2
residential district for one-year shall constitute abandonment of
the nonconforming use and permit.
(4)
The person renting out the dwelling unit must be the property
owner of record. No subletting of short-term rentals is permitted.
(5)
The owner of the property, a designated agent, or person in
charge must be 21 years of age and available 24/7.
(6)
The occupancy of a short-term rental dwelling may not exceed
the occupancy limit set by the Borough of Bellefonte's contracted
code agency. A short-term rental may not advertise an occupancy greater
than that established by the contracted code agency.
(7)
Short-term rental permits shall be renewed annually by providing the following as noted in Subsection F.
(8)
Each short-term rental is permitted a maximum of two on-street parking spaces as allowed in Article XIX of this section, entitled "Off-Street Parking and Loading." All other parking must be off-street. All such parking shall be unobtrusive. Parking within a Conservation District shall be located and/or landscaped in such a manner that it is screened from the view of adjacent properties.
(9)
The maximum number of parking spaces both on and off-street
cannot exceed the number of bedrooms on the property.
(10)
The building and parking areas shall be located in a manner
compatible with the general character of the surrounding neighborhood.
Exterior alterations, additions, or changes to the dwelling unit in
order to accommodate or facilitate a short-term rental establishment
shall retain the residential character of the dwelling unit and the
surrounding neighborhood.
(11)
Signage for short-term rental establishments is optional, but
shall be consistent with the requirements set forth in the Boroughs
Signage Ordinance.
(12)
Information such as police, fire, and EMS phone numbers as well
as rules, nuisance ordinances, parking restrictions, maximum occupancy,
and phone number(s) and name of designated agent or person in charge,
who is (required to be 21 years of age and available 24/7 hours) must
be posted in a conspicuous location in addition to any other rules
of any district.
(13)
No outdoor storage shall be permitted other than that which
is permitted under Zoning.
(14)
Short-term rental properties operating in the R-1 and R-2 residential
districts may be rented out for a maximum of 60 nights per year. Any
current short-term rental property owner that can document the number
of nights that they have been renting in their highest year beyond
60 nights will be granted a certificate of nonconformity for the additional
nights beyond that granted for their nonconforming use of the property
for a short-term rental.
(15)
Short-term rental properties operating in the commercial districts
may operate 365 nights per year.
(16)
Rentals in the commercial district can operate as both short-term
and long-term rentals, with a short-term rental defined as a maximum
of 29 consecutive nights.
(17)
In order to ensure compliance with all aforementioned criteria,
the applicant shall be required to submit a general site plan, obtain
a zoning permit, and satisfy the requirements of the Borough of Bellefonte's
adopted International Property Maintenance Code prior to receiving
requests for compensation.
(18)
Permits required for the establishment of, and operation of
a short-term rental property shall not be transferrable upon the sale
of the subject property. When the property transfers, the new property
owner will need to apply for a continuance of the permit in the new
property owner's name within one year of the sale of the property.
If the permit is not transferred within the R1 or R2 districts, the
permit/use will be considered as abandoned and the property can no
longer be rented as a short-term rental within the R-1 and R-2 district.
(19)
Short-term rental properties shall comply with all applicable
federal, state, and local laws.
(20)
Use of a single-family detached residential dwelling unit as
a short-term rental shall not constitute an abandonment of single-family
residential use as a use by right.
(21)
Consideration may be given to renting out a qualified accessory
building as a second short-term rental with a second STR permit if:
(a)
The accessory building meets the complete definition of a dwelling
unit in order to be rented out separately from the main building.
(b)
Each building unit that is used as a short-term rental shall
have a separate permit.
(c)
The renting of other types of accessory structures or amenities
including but not limited to swimming pools, gazebos, porches, finished
basement, meeting rooms, etc. are strictly prohibited.
(22)
The person renting out the dwelling unit must be the property
owner of record. No subletting of short-term rentals is permitted.
F.
Application for short-term rental permit.
(1)
Every person engaging in a short-term rental business shall
annually file an application for a short-term rental permit and pay
a fee per unit as established by Council resolution. The application
shall be filed within 30 days of the start of a short-term rental
business, or the effective date of this section. The application shall
be on a form prescribed by the Borough and shall contain:
(a)
The name, address, telephone number, and email address of the
property owner.
(b)
If applicable, provide the DBA (doing business as) name that
will be used for the property.
(c)
The address and unit number in the Borough from which the business
is to be conducted.
(d)
The permanent address of the applicant.
(e)
The applicant's tax identification number.
(f)
Either a listing of months and dates owner making the property
a principal residence will be living in the dwelling or a presentation
of a copy of the homeowner's homestead exemption.
(g)
Total square footage of the dwelling and total square footage
of the dwelling that will be used as a short-term rental.
(h)
Number of bedrooms rented as a short-term rental use.
(i)
The name, address, telephone and email address of the person
in charge (PIC) that is located within 25 miles of each short-term
rental property. The designated agent or person in charge must be
at least 21 years of age and reside within 25 miles of the Borough
centered by the location of the County Court House and must be locally
available 24/7 whenever the property is being rented.
(j)
Certification that the operator will provide no more than two
on-street parking spaces, with a maximum number of spaces on and off
the property equal to the number of bedrooms.
(k)
Confirmation that the operator is aware the Borough of Bellefonte
will provide information submitted on this application to the relevant
taxing authorities.
(l)
Such other information as the Borough of Bellefonte may require
to achieve the objectives of this section.
(m)
Proof of insurance specifically for short-term rental.
(n)
Proof of registration and payment of hotel tax.
(o)
In addition to the declared short-term rental dates, property
owners are required to keep a detailed schedule/calendar that provides
all rental periods.
(p)
Upon renewal of permit, a record of all dates the dwelling was
used in the previous year as a short-term rental property. Failure
to provide accurate records or providing fraudulent records will constitute
a violation of the renewal period.
(3)
Attached to, and concurrent with submission of the application,
the owner shall provide proof of general liability insurance in an
amount sufficient for short-term rental activity, and an insurance
declaration that clearly indicates coverage specifically for rental
or include written acknowledgment of same from the insurance provider.
The applicant shall notify the Borough of Bellefonte of any changes
in insurance policies for the property under license.
G.
Hazard and liability insurance. All property owners renting a dwelling
unit or portion thereof for occupancy in the Borough of Bellefonte
as a short-term rental, shall obtain and maintain minimum insurance
coverage as indicated below.
(1)
General liability insurance in an amount sufficient for short-term
rental activity.
(2)
Insurance declarations shall clearly indicate insurance coverage
specifically for rental or include written acknowledgement of same
from insurance provider.
(3)
The applicant shall notify the Borough of Bellefonte of any
changes in the insurance policy.
H.
Borough responsibilities.
(1)
The Bellefonte Borough Zoning Officer shall approve or deny
any application for a short-term rental permit within 30 days of a
completed application being received.
(2)
The Zoning Officer shall keep records of all short-term rentals
permitted within the Borough.
(3)
Fees for permits required under the provisions of this section
shall be set per unit by the Bellefonte Borough Council on an annual
basis.
(4)
The Borough shall collect the annual fee per unit with the required
annual reports and paperwork for each short-term rental permit granted
or renewed.
I.
Violations and penalties; revocation of residential rental permit.
(1)
Occupancy without a permit. It is unlawful to rent, offer to
rent, or advertise for rent a dwelling unit located on any property
within the Borough as a short-term rental without a permit authorizing
such use that has been approved and issued in the manner required
by this section.
(2)
Revocation. Any owner of a property covered by this section
shall be subject to the regulations set forth in the Property Maintenance
and Fire Code, which may result in the revocation or suspension of
a short-term rental permit pursuant to the above referenced code.
(3)
Permit violations. Any short-term rental property owner of a
dwelling unit or portion thereof who rents or advertises for rental
of a dwelling unit without first receiving a short-term rental permit
pursuant to this section, or without renewing said permit pursuant
to renewal sections of this section shall be considered to be in violation
of this section and shall be subject to the following:
(a)
Upon discovery of a violation of this section, the Borough of
Bellefonte shall notify the property owner of the violation by written
notice sent via certified mail or delivered in person with signature
of receipt.
(b)
The property owner who is in violation of this section shall
be given 30 days to remedy the violation by applying for or renewing
the short-term rental permit with the Borough of Bellefonte.
(c)
Upon expiration of the aforementioned 30 days, the property
owner shall be fined for each day that the property is rented.
(4)
Property maintenance. Properties with a short-term rental permit
are subject to the requirements shall meet all code enforcement requirements
as contracted by the borough for codes enforcement and as required
and updated by the Commonwealth of PA for enforcement of permit suspension.
(5)
Complaints. Complaints, including, but not limited to, noise,
parking, and criminal violations shall be reported to the police or
911.
(6)
Penalties. Any violations of nuisance or ordinance laws in any
calendar year/permit cycle shall result in penalties and/or fines.
(a)
First offense. Written warning/notice of violation sent to the
owner via certified mail or hand delivered with signature of receipt;
(b)
Second offense. Minimum $500 fine to be paid by the owner;
(c)
Third offense. Increased fine of a minimum of $1,000 to be paid
by the owner;
(d)
Fourth offense. Calendar year/permit cycle suspension of rental
permit. If in the R-1 or R-2 residential district, this suspension
constitutes a loss of the short-term rental as nonconforming status.
(7)
Right of appeal. Any person in violation of this section shall
have the right to appeal to the Zoning Hearing Board of the Borough
of Bellefonte.
J.
Severability. If any sentence or clause, section, or part of this
section is found to be unconstitutional, illegal, or invalid, such
findings shall not affect or impair any of the remaining parts of
this section. It is hereby declared to be the intent that this section
would have been adopted had such a part been included.
K.
Effective date. The effective date of this section shall be 60 days
after the date of enactment.
