[HISTORY: Adopted by the Borough Council of the Borough of
Lewisburg 1-18-2022 by Ord. No. 1065. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Short-Term
Rental Licensing and Inspection Ordinance."
The purpose of this chapter is to require the owner or owners
of a residential dwelling unit that is used as a short-term rental,
as defined herein, to apply for and secure a license authorizing such
use in the manner provided for by this chapter in order to protect
and promote the public health, safety and welfare of the residents
of the Borough. this chapter does not apply to hotels, motels, congregate
living facilities, residential rental properties, and rooming or lodging
houses.
The following words, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context
clearly indicates otherwise:
An owner-occupied building designed, used and occupied as
a single-family residence, but having, as an accessory use therein,
public lodging rooms and facilities for and serving breakfast prepared
within the building to preregistered transient guests.
Owner-occupied property offering one to five rooms for occupancy
and meeting the within definition of a "bed-and-breakfast."
Owner lives in or adjacent to property offering six to 15
rooms for occupancy and meeting the within definition of a "bed-and-breakfast."
The Code Appeal Board of Central Keystone Council of Governments.
Borough of Lewisburg.
The person or entity designated by the Borough to administer
the Codes of the Borough.
A building or part thereof that contains sleeping units where
residents share bathroom or kitchen facilities, or both (this definition
includes fraternities/sororities).
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking, and sanitation.
Space in a structure for living, sleeping, eating, or cooking.
Bathrooms, toilet rooms, closets, halls, storage, utility spaces,
and similar areas are not considered habitable spaces.
owner-occupied property offering one to five bedrooms or
an accessory structure, e.g., garage apartment, guest house, duplex,
additional dwelling unit, for let or occupancy on a transient basis.
Any building that contains six or more sleeping units used,
or intended or designed to be used, occupied, rented or hired out
on a daily basis for sleeping purposes by guests, that may include
dining facilities and that is licensed under applicable laws. Use
Group R-1.
To permit, provide, or offer possession or occupancy of a
dwelling, dwelling unit, rooming unit, building, premise or structure
by a person who is or is not the legal owner or person in charge of
record thereof, pursuant to a written or unwritten lease, agreement
or license, or pursuant to a recorded or unrecorded agreement of contract
for the sale of land.
See "hotel."
The purpose for which a building or portion thereof is utilized
or occupied.
The number of persons for which the means of egress of a
building or portion thereof is designed.
Any individual or individuals living or sleeping in a building
or having possession of a space within a building.
For the purposes of this code, a detached dwelling for one
or two families and multiple single-family dwellings (townhouses)
and not more than three stories in height with a separate means of
egress.
Any person, firm, or corporation having a legal or equitable
interest in the premises; or recorded in the official records of the
state, county, or municipality as holding title to the premises; or
otherwise having control of the premises, including the guardian of
the estate of any such person, and the executor or administrator of
the estate of such person if ordered to take possession of real property
by a court, or in the absence of such people, the person in charge,
or the owner or person in charge's employee or representative.
The primary residence of a person(s) or the individual beneficiaries
of a legal entity that holds title to the property, where such persons
are physically present and living within dwelling units on said property
for at least six months each calendar year.
An individual, corporation, partnership, or any other group
acting as a unit.
A lot, plot, parcel of land, easement, or public way, including
any structures thereon.
Any building, or portion thereof, which is let for occupancy
or rent for 30 or more days as a residential dwelling, with or without
compensation. This definition shall not include hotels, motels, dormitories,
transient or short-term rentals, or bed-and-breakfast establishments
as defined herein.
An owner-occupied, single-family dwelling in which lodging
without meals is provided on a monthly basis and in which more than
three unrelated persons live.
Any room or group of rooms forming a single habitable unit
occupied or intended to be occupied for sleeping or living, but not
for cooking purposes.
A non-owner-occupied dwelling in a multifamily residential
property (Use Group R-2) offered for let or occupancy on a transient
basis.
A dwelling wherein a furnished room, multiple rooms or an
entire property is let for occupancy for a period ranging from one
to 29 days.
Owner-occupied property offering one to five bedrooms or
an accessory structure, e.g., garage apartment, guest house, duplex,
additional dwelling unit, that is let for occupancy on a transient
basis.
A non-owner-occupied one- or two-family dwelling (Use Group
R-3) that is let for occupancy on a transient basis.
A room or space in which people sleep, which can also include
permanent provisions for living, eating, and either sanitation or
kitchen facilities, but not both. Such rooms and spaces that are also
part of a dwelling unit are not sleeping units.
Occupancy of a dwelling unit or sleeping unit for not more
than 29 days (one to 29 days).
This use group shall include all hotels, motels, and boarding
houses for more than five occupants who are primarily transient in
nature and occupying the facilities for a period of less than 30 days.
This use group shall include all multiple-family dwellings
having more than two dwelling units, rooming houses having more than
five rooming units, and fraternities/sororities in which the occupants
are primarily not transient in nature.
This group shall include all buildings arranged for occupancy
as one- or two-family dwelling units, including not more than five
lodgers or boarders, or adult and child-care facilities that provide
accommodations for five or fewer persons of any age for less than
24 hours.
This use group shall include all residential buildings arranged
for occupancy as residential care/assisted-living facilities including
more than five but not more than 16 occupants, excluding staff.
No owner of a short-term rental or bed-and-breakfast shall rent,
let, offer to rent, or advertise for rent the short-term rental to
another person without a valid short-term rental license approved
and issued in the manner provided for by this chapter. Effective upon
enactment of this chapter, all owners must obtain a short-term rental
license for all properties currently meeting the definition of a short-term
rental and for any new properties before they are offered for rent.
A.
A separate license is required for each dwelling unit within a structure
being offered for rent or let.
The application for a short-term rental license shall be made
by the owner to the Code Enforcement Officer accompanied by a fee
established, from time to time, by resolution of the Lewisburg Borough
Council. A separate license is required for each dwelling unit within
a structure being offered for rent or let. The application shall include
the following information:
A.
The name, address and telephone numbers and email of the owner of
the short-term rental for which the license is to be issued.
B.
The name, address and telephone numbers and email of the agent, when
required, of the owner of the short-term rental.
C.
A complete floor plan of the property, including room sizes and a
site plan showing parking and any fenced areas accessible by occupants.
Plans must be of all levels and habitable spaces, identify all rooms
on all floors, and Indicate locations of smoke detectors, CO2 detectors
and fire extinguishers (if provided). Plans may be hand drawn, providing
they are neat, legible, and accurate.
D.
A copy of the Zoning Permit for such use, issued by the Zoning Officer
of the Borough.
E.
A copy of the Business license issued by the Borough or other municipality.
F.
Proof of general liability homeowner's insurance with a minimum
amount of $300,000 combined single limit.
G.
An executed agreement to indemnify, defend, and save the Borough
harmless from any and all claims and liabilities of any kind whatsoever
resulting from or arising out of the Licensing of the short-term rental.
H.
A current Inspection Report showing the proposed short-term rental
has been inspected by the Code Enforcement Officer and has been found
to be in full compliance with the currently adopted Property Maintenance
Code of the Borough within the previous 15 days.
I.
Such other information as the Code Enforcement Officer may deem appropriate
to show compliance with all applicable Borough Ordinances.
A.
Prior to the issuance of a license under this chapter, the owner
of the short-term rental shall permit the Code Enforcement Officer
to inspect the short-term rental unit to ensure that the rental unit
is in compliance with the Property Maintenance Code adopted by the
Borough.
B.
After this initial inspection for license, inspections to verify
continued compliance with this chapter and the Borough's adopted
Property Maintenance Code shall be performed on a regular basis in
accordance with the following schedule:
|
Short-term rental Type I (Homestay)
|
Biennially (24 months), on or before anniversary of initial
license
|
|
Short-term rental Type II (STRII)
|
Annually, on or before anniversary of initial license
|
|
Short-term rental Type III (STRIII)
|
Annually, on or before anniversary of initial license
|
|
Bed-and-breakfast homestay (BBH)
|
Biennially (24 months), on or before anniversary of initial
license
|
|
Bed-and-breakfast inn (BBI)
|
Annually, on or before anniversary of initial license
|
The license once issued shall be valid for the terms shown below, unless any of the required conditions present at the time of initial application change. The owner shall renew a short-term rental license by reapplying on or before the expiration date of the license. All license renewals issued pursuant to this chapter are subject to the same requirements as the initial license application as outlined in § 260-5 of this chapter.
A.
The license once issued shall be valid for the period shown below
from date of issue.
|
License Type
|
Renewal Interval
|
|---|---|
|
Short-term rental Type I (HOMESTAY)
|
24 months
|
|
Short-term rental Type II (STRII)
|
12 months
|
|
Short-term rental Type III (STRIII)
|
12 months
|
|
Bed-and-breakfast homestay (BBH)
|
24 months
|
|
Bed-and-breakfast inn (BBI)
|
12 months
|
A.
The short-term rental must maintain the minimum parking spaces required
by the Borough's Zoning Ordinance for the use and Zoning District.
Note that the STR 1 classification is not considered a change of use
and thus does not require adhering to additional rental parking requirements.
B.
Short-term rentals shall be used only for overnight lodging accommodations.
C.
Overnight occupancy of a short-term rental shall be limited to no
more than two persons* per bedroom plus four additional persons, e.g.:
|
Number of Bedrooms
|
Maximum Number of Occupants
|
|---|---|
|
2
|
8
|
|
3
|
10
|
|
4
|
12
|
|
5
|
14
|
|
*
|
Children under the age of 12 are not included in the occupancy
calculations.
|
D.
All advertising for the short-term rental shall include the license
number issued pursuant to this chapter.
E.
The primary overnight and daytime occupant or guest of the short-term
rental must be an adult individual. This primary adult occupant or
guest must provide a telephone number to the owner and shall be accessible
to the owner by telephone at all times.
F.
Prior to renting, the owner shall obtain the name, address and driver's
license number or a copy of the passport of the primary adult occupant
of the short-term rental. The owner shall require that same adult
to sign a formal acknowledgment that he or she is legally responsible
for compliance by all occupants and guests of the short-term rental
with the provisions of this chapter. This information shall be readily
available upon request of the Code Enforcement Officer.
G.
The owner shall ensure that the occupants of the short-term rental
do not violate any Borough Ordinance, Code or regulation, or state
or federal law. Owners are expected to take all measures necessary
to ensure that the occupants of the short-term rental do not violate
any Borough Ordinance, Code or regulation, or state or federal law,
including notifying law enforcement, the Code Enforcement Officer
and/or private security for the community in which the short-term
rental is located.
H.
The Code Enforcement Officer shall have the authority at any time
to impose additional uniform or standard conditions, applicable to
all short-term rentals, as necessary to achieve the objectives of
this chapter.
I.
If it appears to the Code Enforcement Officer that a violation of
this chapter or an issued short-term rental license exists or has
occurred, the Code Enforcement Officer shall provide a written notice
of violation to the owner, delivered personally, or by both United
States first class and certified mail. The violation 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 or regulations which are violated, indicate the action
required to correct the violation, and provide a time frame (established
by the Code Enforcement Officer based upon the nature of the violation)
to correct the violation. The time frame may be immediate; however,
in no event shall the time within which to correct the violation exceed
seven days.
A.
Short-term rentals shall clearly and visibly post the license when
issued within the dwelling unit on or adjacent to the inside of the
front door. The license will contain the following information:
(1)
The name of the owner of the unit or the managing agency, agent,
property manager or local contact authorized in writing to accept
service for the owner of the unit and a telephone number at which
that party can be reached on a twenty-four-hour basis.
(2)
The E-911 address of the property.
(3)
The occupancy load of the unit. (Both the maximum number of occupants
permitted to stay in the dwelling unit and the maximum number of day
guests permitted at any one time. This calculation will be made by
the Code Enforcement Officer during initial inspection of the unit.)
(4)
The number of parking spaces required for the unit.
(5)
Notification that short-term rental occupants and guests are required
to make the dwelling unit available for inspection by the Code Enforcement
Officer upon request.
(6)
Notice that the occupants of the short-term rental may be issued
tickets or citations for violations of the Borough's Quality
of Life Ordinance.
B.
Limitation on license. Short-term rental licenses are not transferable from one owner to another. A new application must be submitted and a new license will be issued in accordance with § 260-5 of this chapter.
C.
The issuance of a short-term rental license is not a guarantee that
the premises is lawful, safe, habitable, or in compliance with this
chapter or any other applicable Borough ordinances. Rather, a license
indicates that the premises met the requirements of this chapter at
the date and time of the inspection.
No application for an initial or renewal license shall be denied if it is in compliance with this chapter. If a short-term rental license is denied, the Code Enforcement Officer shall send the owner written notice of the denial along with the reasons for denial. The owner has the right to appeal the denial of a license under § 260-12 of this chapter.
Any short-term rental license issued may be subsequently revoked by the Code Enforcement Officer when the Code Enforcement Officer finds that the information contained in the application is false, or a violation of this chapter has occurred on three or more occasions after the issuance of the license. A license may only be revoked by the Code Enforcement Official after written notice to the owner describing the violation of this chapter or the condition of the license citing the applicable sections of this chapter. The owner has the right to appeal the revocation of a license under § 260-12 of this chapter.
A.
Notice/service. The Code Enforcement Officer shall have authority
to give notice, by personal service, posting of the short-term rental,
or by both United States first class and certified mail, postage prepaid,
to any owner violating this chapter, or when denying or revoking a
license.
B.
Corrective measures. For a violation, the notice shall direct compliance
with this chapter within seven calendar days following service of
the notice. Any notice issued for a violation of this chapter shall
be sufficient to constitute notice of any subsequent violation, provided
that the violation is for the same section of this chapter and the
violation occurs within the same calendar year.
C.
Appeal. Any person directly affected by a determination of the Code
Enforcement Officer shall have the right to appeal to the Board, provided
that a written application for appeal is filed within 20 calendar
days after the day the notice was served or the license issued.
D.
Stays of enforcement. Appeals of notices or licenses issued by the
Code Enforcement Officer shall stay the action or enforcement of the
notice until the appeal is heard by the Board.
The Code Enforcement Officer is charged with enforcement of
the provisions of this chapter.
Any person, firm, or corporation who shall violate any provision
of this chapter shall be guilty of a summary offense and, upon conviction
thereof in a summary proceeding before a District Judge, be sentenced
to pay a fine of not less than $100 nor more than $1,000, plus costs
of prosecution, and/or be imprisoned for a period not to exceed 90
days, or both. Each day that a violation continues after due notice
has been served, in accordance with the terms and provisions of this
chapter, shall be deemed a separate offense. Such penalties for violation
of any notice to cease violation or notice and order to correct shall
begin to accrue on the first day such notice is served and shall cease
on the day the violation is stopped or abated.
If any section, subsection, sentence, clause, phrase, or portion
of this chapter is for any reason held invalid or unconstitutional
by any Court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall
not affect the validity of the remaining portions hereof.
All ordinances or parts thereof which are inconsistent with
this chapter are hereby repealed to the extent of their inconsistencies.
This chapter shall become effective immediately upon enactment.
