[Ord. No. 2160, 6/30/2021; amended by Ord. No. 2187, Ord. No. 2210, 10/2/2023]
a. 
Definitions. The following words and phrases when used in this section shall, for the purposes of this section, have the following respective meanings, except where the context clearly indicates a different meaning:
DIRECTOR
The State College Borough Planning Director or a designee duly authorized to act for the Director.
DWELLING
A house, apartment, or other place of residence.
LONG-TERM TENANT
A lessee of the operator with a lease term greater than one month.
OPERATOR
The owner of any dwelling, lodging, or sleeping accommodations offered as a short-term rental, whether in the capacity of owner or mortgagee in possession. The operator may not be a lessee or sublessee of the owner.
PERSON IN CHARGE (PIC)
Short-term rental agent that is located within Ord. No. 2198, 1/9/2023; as amended by Ord. No. 2217, 12/18/2023 miles of each short-term rental property and available 24 hours, seven days a week for response.
PRINCIPAL PLACE OF RESIDENCE
A residential dwelling unit occupied by an owner or tenant. Occupancy does not require the owner or tenant(s) to be physically present in the unit at all times or continuously, but it must be the usual place of return. At a minimum, the occupant(s) must live in the dwelling for a minimum of eight months of the year and names(s) must be on the title or the lease. This is validated by documents that include the property address. For the purposes of this Part, a minimum of two documents must be provided for review that include the property address occupied and one must include a photo of the applicant. The documents that can be provided to prove occupancy must include one from the following list: 1) driver's license; 2) government-issued identification card; or 3) a copy of the most recent year's income tax return. If a long-term tenant is the principal resident, a signed and notarized affidavit indicating the property is their principal residence may be submitted instead of one of the above three items. For the second item of documentation, commonly accepted documents include: vehicle registration, voter registration card, cancelled checks, statements such as medical or utility services, bank and charge accounts, insurance statement, or pay stub. These documents shall be used to establish if the residential dwelling unit is the primary place of residence of owner or long-term tenant.
SHORT-TERM RENTAL
The provision of a room or space that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for compensation for the occupancy.
SHORT-TERM RENTAL LICENSE
The annual license issued to persons engaged in a short-term rental business.
SHORT-TERM RENTAL PLATFORM
A portal, listing service, website or business through which a person, other than an STR owner, facilitates a booking transaction. A booking transaction is the agreement between an STR guest and an STR owner relative to an STR. The most recognized platforms are online services such as Airbnb or VRBO.
SUBSTANTIATED COMPLAINT
A complaint in which a violation has been issued and the disposition of that violation is any of the following: guilty, nolo contender, acceptance into an alternative adjudication program, fine has been paid, or a warrant has been issued for the violation.
b. 
Scope. No person, firm, LLC, corporation, or other entity may offer, operate, rent, or otherwise make available or allow any other person to make available for occupancy or use a short-term rental without a short-term rental license. Offer includes through any media, whether written, verbal, electronic, web-based, digital, mobile, or otherwise. This Part shall require the licensing of all short-term rentals as defined in § 10-901a.
c. 
Purpose and Intent. The regulation and licensing of short-term rentals is established for the following purposes and intents:
(1) 
Protect the health, safety, and welfare of persons affected by or subject to the provisions of this Part.
(2) 
Preserve the residential character of residential neighborhoods.
(3) 
Ensure that owner(s) of a short-term rental, persons-in-charge, and tenants are informed of, and adhere to, all applicable code provisions governing the use and maintenance of short-term rentals.
(4) 
To monitor and mitigate impacts created by occupancy of short-term rentals.
(5) 
Ensure appropriate entities have the required taxation information for operators of short-term rentals.
(6) 
Ensure availability of parking spaces for occupants of the short-term rental.
(7) 
Ensure properties renting on a short-term basis are occupied as a primary residence by at least one resident living in the dwelling for at least eight months in a calendar year.
(8) 
Address safety concerns by requiring owners have updated liability insurance to cover the short-term rental activity.
(9) 
Address neighborhood concerns regarding nuisance behavior by creating a permit that can be revoked should the property become a nuisance.
(10) 
Ensure a fairer tax environment.
(11) 
Create a system to identify short-term rental (STR) properties and improve identification of illegal tourist home properties. Utilizing a third-party vendor will significantly increase the identification of properties advertising for short-term rental and allow enforcement to move beyond a solely complaint-based approach.
(12) 
Ensure sufficient off-street parking for STR uses.
(13) 
Adopt an ordinance under the business license authority which allows violations to be addressed immediately with nontraffic citations instead of the lengthy time frame required by state statute for zoning violations.
d. 
Administration. The Borough of State College Planning Department, as directed by the Borough Manager, shall be responsible for ensuring the equitable and effective administration of this Part.
[Ord. No. 2160, 6/30/2021; amended by Ord. No. 2187, Ord. No. 2210, 10/2/2023]
a. 
Application. Application for a short-term rental license within the Borough of State College shall be submitted to the Planning Department.
(1) 
Every person engaging in a short-term rental business shall annually file with the Director an application for a short-term rental license and pay a fee as established by Council resolution. The application shall be filed at least 30 days' prior to the start of a short-term rental business, or within 60 days the effective date of this Part. The application shall be on a form prescribed by the Director and shall contain:
(a) 
The name, address, telephone number, and email address under which the application operates or intends to operate the short-term rental business.
(b) 
The address and unit number in the Borough from which the short-term rental business is to be conducted.
(c) 
The permanent address of the applicant.
(d) 
The property's parcel identification number.
(e) 
The applicant's tax identification number or, if a social security number, the last four digits only.
(f) 
The list of months and dates owner or tenant making the property a principal residence will be living in the dwelling.
(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.
(j) 
Certification that the property is the principal place of residence of either the owner or at least one tenant of the property.
(k) 
Certification that the operator will provide and make available one off-street parking space per bedroom available for short-term rental on the property.
(l) 
Confirmation of whether the owner of the property currently receives the homestead exclusion on real estate taxes on the property.
(m) 
Confirmation that the operator is aware the Borough of State College will provide information submitted on this application to the relevant taxing authorities.
(n) 
Confirmation that the operator understands that the short-term rental activity is limited to no more than 120 days per year. "Year" is defined as the annual term of the short-term rental license.
(o) 
Such other information as the Director may require to achieve the objectives of this Part.
(2) 
Attached to, and concurrent with submission of the application, the owner shall provide a notification letter stating:
(a) 
A description of the operation and number of bedrooms that will be rented.
(b) 
A parking plan that clearly identifies the off-street parking spaces on the property as well as the dimensions of the spaces and the number of spaces dedicated to the bedrooms that will be rented for short-term rental use. For the purposes of this Part, the minimum dimensions of an acceptable parking space are 15 feet in length and eight feet in width.
(c) 
How to contact the owner of the short-term rental property, and the person incharge (PIC).
(3) 
Attached to, and concurrent with submission of the application, the owner shall provide proof of general liability insurance in the amount of $100,000 in minimum coverage 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 any changes in insurance policies for the property under license.
(4) 
If the owner is leasing the property to a long-term tenant, the owner must attach and submit the current lease in place at the time of application.
b. 
Registered Short-Term Rentals. Upon approval of the application by the Director, and payment of any required fees, a license shall be issued for each location from which a short-term rental business is to be conducted or operated in the Borough.
(1) 
The license shall be conspicuously displayed at all times at the place of business for which it is issued.
(2) 
Licenses cannot be transferred or assigned or used by any person other than the one who it is issued or any location other than the one it is issued to.
(3) 
The license number shall be published in every print, digital, or internet advertisement and any property listing in which the short-term rental is advertised.
(a) 
Failure to obtain a license and advertise a property without publishing the license number in every print, digital, or internet advertisement will result in a fine to the property owner.
(i) 
First Violation: Warning letter sent to property owner. Property owners have 14 days to apply for a short-term rental license. Once a license is obtained, the operator must begin immediately using the license number in all advertisements.
(ii) 
Second Violation: Upon second or subsequent violations, the Borough of State College may fine the property owner for the violation. The fine shall be in the amount as defined in § 10-907.
[Ord. No. 2160, 6/30/2021; amended by Ord. No. 2187, Ord. No. 2210, 10/2/2023]
A license for a short-term rental shall expire a year from the date of issuance by the Borough for said property and may be renewed on an annual basis. Acceptable evidence of principal residency as indicated in this Part must be provided at the time of renewal.
[Ord. No. 2160, 6/30/2021; amended by Ord. No. 2187, Ord. No. 2210, 10/2/2023]
An operator of a property with a short-term rental license must provide and make available one off-street parking space per bedroom available for short-term rental on the property. For the purposes of this Part, the minimum dimensions of an acceptable parking space are 15 feet in length and eight feet in width.
[Ord. No. 2160, 6/30/2021; amended by Ord. No. 2187, Ord. No. 2210, 10/2/2023]
a. 
Short-Term Rental Activity Limitation. Use of the licensed property as a short-term rental is limited to no more than 120 days per year. "Year" is defined as the annual term of the short-term rental license.
b. 
Short-Term Rental Activity Bedroom Limitation. The licensed property is limited to short-term rental use in nine or fewer bedrooms at any time.
c. 
Short-Term Rental Location Limitation for One-Family Dwellings with a Single Apartment. For properties with a zoning classification of a one-family dwelling with a single apartment unit, the owner or tenant making the property their principal place of residence must live in the one-family dwelling, not the apartment. Short-term rental use is prohibited from the one-family dwelling if the owner or tenant lives only in the single apartment in the structure. If the one-family dwelling is occupied by an owner or tenant making it their principal place of residence, the single apartment may be utilized for short-term rental use without an owner or tenant making the apartment their principal place of residency.
d. 
Short-Term Rental Activity Leasing Limitation. Any lease arrangements made by the operator of the short-term rental with a long-term tenant may not include any requirement that the long-term tenant vacate the property at any time in order for the operator to lease the property on a short-term rental basis.
e. 
Short-Term Rental Activity Documentation. An operator of a property with a short-term rental license must maintain an activity log of all short-term rental activity at the property occurring for, at a minimum, the previous twelve-month period. This activity log must include the number of nights rented for short-term rental activity, the number of individuals occupying the property for each rental, and the number of cars parked at the property by the short-term rental tenants for each rental. The activity log must be made available to Borough representatives at request. The activity log for the previous twelve-month period must be submitted to the Borough as part of the annual short-term rental license renewal. In addition to the activity log, operators of licensed properties must download rental activity information from all short-term rental platforms where they list the licensed property and provide to Borough representatives at request. The rental activity information from the short-term rental platforms must also be submitted to Borough as part of the annual license renewal.
[Ord. No. 2160, 6/30/2021; amended by Ord. No. 2187, Ord. No. 2210, 10/2/2023]
a. 
Short-Term Rental License and Other Requirements. Approval of a short-term rental license does not remove, override or abrogate any operator from any other requirements of Borough ordinances, such as the Borough Zoning Code and Building Safety and Property Maintenance Code.
b. 
Short-Term Rental License Exceptions. Properties with a valid zoning permit for uses as defined by the Borough Zoning Code as a bed-and-breakfast establishment, community center, housing (hotel), housing (tourist home), personal care homes for adults (large) or personal care homes for adults (small) are exempted from the requirements of this Part.
[Ord. No. 2160, 6/30/2021; amended by Ord. No. 2187, Ord. No. 2210, 10/2/2023]
a. 
Occupancy Without a License. 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 license authorizing such use that has been approved and issued in the manner required by this Part. The Director may waive penalties if the failure to register was due to no fault of the operator. Until such time as the operator pays the penalty and registers such property, the operator may not continue to offer such property for short-term rental.
b. 
Nuisance Complaints. Properties with a short-term rental license are subject to the requirements of Section 806 of the Centre Region Building Safety and Property Maintenance Code for enforcement of permit suspension for nuisance and criminal violations. The short-term rental license shall be suspended whenever 10 or more points for offenses have accumulated individually or collectively at the property within a one-year period and the property owner has received required notice. The one-year (twelve-month) period is a rolling year and shall be counted as the twelve-month period that immediately precedes the date of the most recent offense. For the purposes of this Part, all provisions of Section 806 will be enforced as if the term "rental permit" was replaced by the term "short-term rental license" with the exception of Section 806.4, Suspension procedures. Due to the nature of short-term rental activity, the provisions for appeal of the suspension and appeal to the Rental Housing Revocation Appeals Board will be shortened. For the purposes of this Part, Section 806.7 and 806.8 are removed and do not apply. Any appeal of short-term rental licenses will go directly to the Rental Housing Revocations Appeals Board. Moreover, the time-frames in Section 806.9 for appeal (for the purposes of this Part, the appeal would be directly for the initial suspension, not to the Manager's decision), will be modified. The appeal shall be filed, in writing, within 10 calendar days of receipt of the suspension notice. The RHRAB shall notify the appellant of the date, time, and location of the hearing, which shall be held within 20 calendar days of receipt of the request for hearing. The RHRAB is empowered to void, suspend, or sustain the suspension. A fee for an appeal will be set by resolution of Borough Council from time to time.
c. 
Occupancy of Uninhabitable Space. No person shall occupy for sleeping purposes, and no owner or person in charge shall allow a person to occupy for sleeping purposes, the uninhabitable spaces, as defined in the Centre Region Building Safety and Property Maintenance Code, of a short-term rental. Each day that a violation exists shall constitute a separate offense.
d. 
Short-Term Rental License Activity Violations. Violations of any provisions of § 10-905, Short-Term Rental License Limitations, are subject to penalties and fines as defined within § 10-907e.
e. 
Penalty. The provisions of this Part are declared to be for the health, safety, and welfare of the citizens of the Borough, and any person violating any provision of the Part shall, upon conviction thereof before a Magisterial District Judge, be sentenced to pay a fine of not less than $300 nor more than $1,000 and costs of prosecution and, in default of payment of such fine and costs, such additional enforcement remedies as may be available at law including, but not limited to, injunctive relief and contempt. Each day during which any violation of such provision shall continue shall be deemed a separate offense.
f. 
Severability. If a section, subsection, sentence, clause or phrase of this Part is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this Part.