This Part shall be known as and may be cited as "The Millcreek
Township Limited Lodging Ordinance."
For the purposes of this Part, words and terms used herein shall
be interpreted as follows:
BEDROOM
A room containing a minimum of 70 square feet in area. If
occupied by more than one person room area shall contain not less
than 100 square feet. Proper means of egress shall comply with the
International Residential Code (IRC).
DWELLING UNIT
A single unit providing complete, independent living facilities
for the exclusive use of a single family maintaining a household,
including permanent provisions for living, sleeping, eating, cooking
and sanitation.
FAMILY
An individual or two or more persons related by blood or
marriage living together; or a group of individuals of not more than
three persons, not related by blood or marriage, but living together
as a single housekeeping unit (exclusive of any natural born or adopted
children of an adult resident). In each instance, the family shall
be understood to include the necessary domestic workers. The foregoing
restrictions do not apply to persons with disabilities as defined
in the Fair Housing Act, 42 U.S.C. § 3601 et seq.
LIMITED LODGING
The rental of all or a portion of a dwelling unit in the following districts: MU-1, MU-2, and PI Districts or the Limited Lodging Overlay. See also §
145-61 of the Millcreek Township Zoning Ordinance.
OWNER
The person(s) in whose name(s) the property on which the
limited lodging is located is titled as set forth in the Office of
the Recorder of Deeds of Erie County, Pennsylvania, and/or as reflected
on the Erie County tax assessment records, or any person, as hereinafter
defined, in control or with right of control, directly or indirectly,
over the occupancy or right of occupancy of any rental unit.
PERSON
An individual, partnership, public or private association
or corporation, limited liability company, firm, trust, estate, municipality,
governmental unit, public utility or any other legal entity whatsoever
which is recognized by law as the subject of rights and duties.
PERSON IN CHARGE
A person or agent with actual authority to represent the
owner for purposes of contact and communication regarding the owner's
limited lodging rental. The owner can be the person in charge if they
comply with the following requirements: A person in charge must reside
or have an office within 30 miles of the limited lodging and be able
to act as legal agent for the owner. The Township must be notified,
in writing, within 14 days if there is a change in the identity of
the person in charge. This term shall be deemed to include "contact
person."
PREMISES
A separate lot or tax parcel with individual frontage abutting
the street line. A premises may include multiple Uses or occupancies.
VEHICLE
A means of carrying or transporting something, including
but not limited to cars, trucks, recreational vehicles, campers, motorbikes,
boats, planes, trailers or other vehicles required by law to be registered
and/or licensed with the state.
No owner of any property in Millcreek Township shall operate
a limited lodging in Millcreek Township on a premises without first
obtaining a limited lodging permit from the Code Enforcement Officer.
Operation of a premises for limited lodging without such limited lodging
permit is a violation of this Part.
A. Location. All dwelling units for which a permit is sought must be
in a zoning or overlay district where limited lodging is permitted
under the Millcreek Township Zoning Ordinance.
B. Separate permits. A separate permit is required for each limited
lodging located on a premises; for townhouses, rowhouses or apartments,
a separate permit shall be required for each dwelling unit rented
for limited lodging.
C. Permit not transferrable. The permit issued to an owner pursuant
to this Part is personal to the owner identified on the application
and does not run with the premises. If the ownership of the premises
changes, either directly by sale or deed transfer, or indirectly by
death, change in ownership of the entity owning the property, sheriff
sale or court order, the new owner must apply for a limited lodging
permit under this Part prior to renting the premises as a limited
lodging rental, but shall be entitled to get a permit provided such
new owner complies with the terms of this Part within three months
of recording of the deed evidencing transfer of ownership.
The following marketing activities are prohibited and shall
be considered violations of this Part:
A. Offering or using any dwelling unit as a limited lodging without
first obtaining a permit in accordance with this Part;
B. Offering an occupancy capacity in excess of the occupancy limit specified
in the permit;
C. Posting of the premises that it is used for limited lodging;
D. Failure to include the limited lodging rental permit number for the
dwelling unit in any advertisement;
E. Marketing or advertising a limited lodging dwelling unit outside
the permitted scope of the limited lodging permit issued under this
Part; or
F. Promoting any activity that is prohibited by this Part, any provision
of the Millcreek Township Code, local, state or federal law.
If the premises is owned by more than one owner, all co-owners
of the premises shall be cited in all notices and proceedings and
such persons be jointly and severally liable for the violation, fine
and all costs, fees and other charges due as a consequence of such
violation and all proceedings related thereto.