[HISTORY: Adopted 6-6-2022 Annual Town Meeting, Art. 25. Amendments noted where applicable.]
Pursuant to the authority of MGL c. 64G, the Town establishes
these regulations to balance private, neighborhood, and municipal
interests. These regulations are intended to:
For this chapter, the following terms shall have the definitions
indicated:
Any person who alone, or severally with others, has legal
or equitable title or beneficial interest in any dwelling unit; a
mortgagee in possession; or agent, trustee or person appointed by
the courts. An owner can be a single person, a marital unit, a group
of people, LLC or a trust. The owner may also be referred to as the
operator, or the host.
The rental of a whole or a portion of a residential or secondary
dwelling unit, in exchange for payment, as residential accommodations
for not more than 30 consecutive days, excluding a hotel, motel, or
lodging house or tourist home for transient guests as defined and
permitted under the Zoning Bylaw.[1]
A.
No dwelling unit or part thereof may be offered as a short-term rental
within the Town of Great Barrington unless it is registered annually
with the Town through an application process approved by the Selectboard
and in accordance with this chapter, and registered with the Commonwealth
of Massachusetts Department of Revenue in accordance with applicable
laws.
B.
An owner may register to operate only one dwelling unit as a short-term
rental. If a person owns two properties, or owns one and is listed
as a manager or agent for a second that is owned by an LLC, for example,
that person must choose one or the other to be registered as a short-term
rental. No person shall have more than one legal or equitable title
or beneficial interest in any dwelling unit used for a short-term
rental except as provided for above. An owner may hire a property
management company to list and manage short-term rentals, but the
registration must be in the owner's name.
C.
Up to two bedrooms in a dwelling unit or an entire secondary unit
on the same parcel may be registered and rented as a short-term rental
by right. The registered short-term rental may be rented for an unlimited
number of days per year, provided that the owner is residing in one
of the dwelling units on premises at the time of the rental. In cases
where the owner is not residing on premises at the time of the rental,
no unit or portion thereof may be rented more than 150 days per year.
D.
Short-term rentals are prohibited in dwelling units owned by a corporation.
Short-term rentals are permitted in dwelling units owned by an LLC
or trust only when every shareholder, partner, or member of the legal
entity is a natural person, as established by documentation provided
by the applicant at the time of registration.
E.
Short-term rentals are prohibited in dwelling units designated as
affordable or otherwise income-restricted, which are subject to affordability
covenants or are otherwise subject to housing or rental assistance
under local, state, or federal programs or law.
F.
An owner shall not register or offer a rental unit subject to a long-term
lease as a short-term rental. A long-term tenant, for whom it is a
primary residence, may, if allowed by the property owner, do short-term
rental subject to the same rules and regulations as a resident owner.
[Amended 5-1-2023 ATM by Art. 39]
A.
An owner shall post in any short-term rental unit the following information
in a conspicuous place:
(1)
The owner's certificate of registration with the Town;
(2)
Short-term rental street address;
(3)
Contact information for the operator and whom to call in an emergency;
(4)
Instructions for recycling and waste disposal;
(5)
Notice that dogs must be leashed when outdoors if not in a securely
fenced enclosure;
(6)
Notice that no excessive noise shall occur after 8:00 p.m. or earlier
than 8:00 a.m.
B.
Each unit shall contain functional smoke detectors, carbon monoxide
alarms, and a properly maintained and charged multi-purpose fire extinguisher.
C.
A short-term rental is not allowed on any property with outstanding
violations of building, fire, health codes, and/or Town bylaws.
D.
Events that include amplified music or tents which would customarily
require a license or permit are prohibited.
E.
Signs on the property advertising the short-term rental are prohibited.
A.
Short-term rentals may be subject to inspection by the Great Barrington
Health Department, Fire Department, and/or the Building Inspector.
Short-term rental owners are required to provide access for the purpose
of conducting safety inspections when necessary. Failure to provide
access to an inspector upon request and after proper notice will invalidate
the license to operate a short-term rental until an inspection by
the appropriate authority has been conducted, and all violations have
been addressed to the satisfaction of the Department and/or the Town.
Failure to comply with orders to correct deficiencies may result in
fines or refusal to allow license renewal.
B.
Owners can appeal a written violation within 21 days of notice in
accordance with MGL c. 40, § 21D.
C.
In the event that there are three or more violations within a twelve-month
period, short-term rental registrations may be revoked and permanently
denied by a vote of the Selectboard.
The Selectboard shall have the authority to create a registration
application form, set registration fees, and adopt rules, regulations,
policies or procedures to implement the provisions of this chapter.
The registration process shall require an owner to include the address
of the unit to be registered, to list the names of all organization
members if owned by a legal entity, and to provide verifiable documentation
of the owners or members of that legal entity.
If any provision in this chapter shall be held to be invalid
by a court of competent jurisdiction, then such provision shall be
considered separately and apart from the remaining provisions, which
shall remain in full force and effect.
The provisions of this bylaw, "Short-Term Rental of Residential
Properties," shall take effect on January 1, 2023.
