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DWELLING UNIT A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

OWNER An individual or group of individuals who are in possession of and have a fee interest in real property. The term "owner" shall not include a business entity or association, a trustee, receiver or guardian of an estate, or a mortgagee or lien holder.

OWNER-OCCUPIED A one-family house used by the owner as his or her or their principal residence (domicile).

ROOM or ROOMS A bedroom or group of bedrooms in a one-family house used for short-term rentals, where there are no provisions for eating or cooking, but may include the use of private or shared bathroom facilities.

SHORT-TERM RENTAL Can be comprised of dwelling unit(s), a room, or a group of rooms legally established within one residence that are owner-occupied, where the dwelling unit(s), room or group of rooms are rented, leased or otherwise assigned for a tenancy of less than 30 consecutive days, and where no meals are served. The term "short-term rental" does not include mixed-use buildings, multiple-dwelling buildings, dormitories, hotel or motel rooms, bed-and-breakfast inns or boardinghouses or lodging houses.

A. Permit required. It shall be unlawful to use, establish, maintain, operate, occupy, rent or lease any property as a short-term rental without first having obtained a short-term rental permit. The failure or refusal to obtain a short-term rental permit shall be deemed a violation of this article. B. Owner-occupancy. It shall be unlawful to use, establish, maintain, operate, occupy, rent or lease any property as a short-term rental if the property is not owner occupied. The failure of the owner to occupy the property as his principal residence (domicile) shall be deemed a violation of this article. C. Advertisement. An application for a short-term rental permit shall be filed before the room(s) or dwelling unit(s) are advertised for short-term rental, an...

The presence or existence of any of the following shall create a rebuttable presumption that a property is being utilized as a short-term rental: A. The property is offered for lease or rent on a short-term rental website, including, but not limited to Airbnb, HomeAway, VRBO and similar websites; or B. The property is offered for lease or rent by the use of any other advertising mechanism for a period of less than 30 days.

A short-term rental permit shall be valid for a period of one year from the date of issuance unless sooner terminated or revoked.

A. Application. Applications for short-term rental permits shall be on forms provided by the Village Clerk and signed by each property owner. A nonrefundable application fee of $50 per property shall be payable upon application. In no instance shall the filing of an application and payment of fees be construed as to exonerate the property owner of responsibility for compliance with the building, housing, fire and maintenance requirements of any local, county, state or federal agency having jurisdiction. Each application shall include the following: (1) The name and address, e-mail address, and contact numbers of all property owners; and (2) Government issued proof of residency of each owner with picture ID (driver's license, passport, etc.); and (3) The p...

A short-term rental permit may be renewed by application to the Village Clerk as in the case of an original permit application, with payment of a nonrefundable renewal fee of $25 and the production of any documents deemed necessary by the Village Clerk. All applications for a renewal of a permit shall be filed before the expiration of the original permit. A property owner whose permit has expired and has failed to file for a renewal of the permit shall be required to pay the amount of $50 as in the case of an original application, and a late fee of $25. A permit may only be renewed by the same owner for the same property upon the payment of the requisite fees.

A. Transferability. Short-term rental permits are not transferable. Any person who transfers a permit or uses a permit that has been transferred shall be in violation of this article. B. Authority of the Village Clerk. The Village Clerk may issue a permit upon such restrictions and conditions he/she deems reasonable and necessary under the circumstances. C. Conditions and restrictions of permit. All permits issued pursuant to this article shall be subject to the following conditions and restrictions, whether or not they are itemized on the permit: (1) The property used for short-term rental shall be the principal residence (domicile) of the owner at all times during the term of the permit; and (2) There shall be no signage on the property advertising or i...

Once an application has been denied, no reapplication for a permit or a renewal of the permit shall be accepted for filing until the applicant has remedied the conditions that formed the basis for denial to the satisfaction of the Town.

An application for the issuance of a short-term rental permit, or renewal thereof, may be denied under the following circumstances. A. Failure of the owner to file a full, true and complete application; or B. Failure of the property to be owner-occupied as the owner's principal residence (domicile); or C. Occupancy of the property or the short-term rental area(s), by the persons using the premises, creates a hazard or public nuisance or other condition which negatively impacts the use and/or enjoyment of surrounding properties, or threatens the peace and good order, or quality of life in the surrounding community.

The grounds upon which a permit can be revoked shall include, but shall not be limited to: A. The permit was issued in error, or issued in whole or in part as a result of a false, untrue, or misleading statement on the permit application or other document submitted for filing, including, but not limited to, the schematic or certification; or B. The permit has been issued and the Village either has or is in the process of suspending or revoking the certificate of occupancy or letter in lieu for the rental property; or C. A short-term rental permit has been issued and the owner fails to continue to occupy the premises on a continuous basis as his primary residence (domicile); or D. Failure to comply or violating the conditions and restrictions of the permit...

Written notice of the Village's intention to revoke a permit shall be served by registered or certified mail, return receipt requested, and by regular mail, to the applicant at the address shown on the application. If the notice is returned by the post office as undeliverable for any reason, as long as it was properly addressed, service of the notice shall be valid. Said notice shall state that the applicant is entitled to be represented by legal counsel at the hearing and may present the testimony of witnesses and such other evidence in his or her own behalf as may be deemed relevant or necessary.

A. At the administrative hearing the applicant shall be entitled to be represented by legal counsel and provided with an opportunity to be heard. He/she may present the testimony of witnesses, experts and other evidence in his own behalf as he/she deems necessary and relevant. The code officer or other person may appear and give testimony or submit evidence in support of the proposal to revoke the permit. All hearings shall be recorded and may be adjourned by the hearing officer upon good cause shown. B. Administrative hearing judge. The hearing judge shall consider the evidence presented and shall submit his or her findings, in writing, within 30 days of the close of the hearing or sooner. A copy of the hearing, officer's report shall be filed with the V...

The failure of the applicant or his attorney to appear at the administrative hearing shall result in the automatic revocation of the short-term rental permit. The order of revocation shall be mailed to the applicant or his attorney in the same manner as the original notice.

If a permit is revoked, no application for a new permit will be accepted for filing until the applicant has remedied the conditions that formed the basis of the revocation to the satisfaction of the Village Clerk, if applicable. Once remedied, the applicant will have to apply for a new permit and pay a $150 application fee.

[HISTORY: Adopted by the Board of Trustees of the Village of the Branch 10-10-1995 by L.L. No. 3-1995 (Ch. 68 of the 1973 Code). Amendments noted where applicable.]

The Board of Trustees of the Incorporated Village of the Branch declares and finds it to be in the public interest to provide for the regulation of the installation and maintenance of security gates within the Village of the Branch in accordance with aesthetic character of the area and to preserve safety and property values throughout the business and historic districts of the Village.