(A) These standards are intended to ensure compatibility between short-term rentals and the residential character of the surrounding neighborhood. Short-term rentals must meet the standards contained in this chapter and be operated so the average neighbor, under normal circumstances, is not aware of their existence.
(B) The following circumstances do not constitute a short-term rental:
(1) Family occupancy. Any member of a family and the family's guests may occupy a dwelling if owned by the family. Family occupancy extends to guest houses or similarly separate dwellings legally located on the same premises as the primary building and used without remuneration to the owner.
(2) House sitting. During the temporary absence of the owner and the owner's family, the owner may permit non-owner occupancy without remuneration to the owner.
(3) Dwelling sales. Occupancy of up to 90 days after closing by a prior owner after the sale of a dwelling is permitted.
(4) Estate representative. Occupancy by a personal representative, trustee, or guardian of the estate, with or without remuneration is permitted.
(C) All short-term rentals are subject to the following performance standards:
(1) When provided off-street parking must occur only on designated paved portions of the lot, such as driveways.
(2) Rental of the dwelling is done in a manner consistent with the character of the surrounding neighborhood.
(3) The owner provides the renter the following information prior to occupancy and posts this information in a conspicuous location within the dwelling:
(a) Notification of the maximum occupancy permitted in the dwelling;
(b) The name and telephone number of the contact person who may be reached any time the dwelling is rented;
(c) Notification and instructions of the parking locations;
(d) A copy of this chapter, as amended; and
(e) Notification that a renter may be cited or fined by the town, in addition to any other remedies available at law, for violating any provisions of this chapter.
(4) The owner's contact person must always be available to accept calls when the dwelling is rented. The contact person must have a key to the dwelling and be capable of being physically present at the dwelling within three hours to address issues.
(5) The appearance of the dwelling must not conflict with the residential character of the neighborhood. The dwelling must be properly maintained and kept in good repair, so the use does not detract from the general appearance of the neighborhood.
(6) Renters must not encroach on neighboring properties.
(7) The premises must be maintained free of debris and unwholesome substances. Garbage must be kept in a closed container and disposed of on a regular, weekly schedule.
(8) Renters must not create a nuisance. For purposes of this chapter, a nuisance includes, but is not limited to, any activity that violates the town noise regulations or fireworks regulations.
(9) Short-term rentals must not be used to house sex offenders; operate a structured sober living home; manufacture, exhibit, distribute, or sell illegal drugs, liquor, pornography, or obscenity; or operate an adult business as defined in I.C. 12-7-2-1.8.
(10) A short-term rental permit is required prior to the use of any property as a short-term rental. Any change in the use or construction of a dwelling resulting in noncompliance with town or state standards, as determined by the Administrator, will void the short-term rental permit approval.
(Ord. 2022-17, passed 7-19-2022)