A. Residential Dwelling Rental Unit License required:
1. Rental Unit License required. Any person operating a residential dwelling rental unit or advertising any property within the Village as available for residential rental use must apply for and obtain a valid license for the rental property with the Village. A license holder must include the Residential Dwelling Unit Rental Unit License number in all advertisements for a residential dwelling rental unit, including all online listings.
2. Pre-existing Residential Dwelling Unit Rental Units. Notwithstanding the foregoing, residential dwelling unit rental units that were lawfully operated prior to the adoption of this Chapter may continue in operation, provided that:
a. The operator must apply for a Residential Dwelling Rental Unit License no later than ninety (90) days after the adoption of this Chapter, and must be approved for the license.
b. The operator of the Residential Dwelling Rental Unit must meet the eligibility requirements for an applicant for a Residential Rental Dwelling Unit License as established in this chapter.
c. The residential dwelling rental unit must meet the eligibility requirements established in this chapter.
3. Applicant. An applicant for a Residential Dwelling Rental Unit License:
a. Must be a natural person who is at least 21 years old and has the legal right to occupy the residential dwelling unit and operate a residential dwelling rental unit.
b. May not be a person who has had a license for operation of a residential dwelling rental unit or other guest accommodation revoked within the previous 24 months, either within the Village or at any other location.
4. Expansions. A Residential Dwelling Rental Unit License is valid only for the residential dwelling rental unit as depicted in the application for license. A residential dwelling rental unit may not be enlarged or expanded to include other rooms unless a new license is obtained.
5. Tenants. A Residential Dwelling Rental Unit License is valid only for the tenant(s) as depicted in the application for license. A residential dwelling rental unit may not be occupied by tenants other than those listed on the application for license unless a new license is obtained. At least one of the tenants proposed to occupy the residential dwelling unit must be a natural person who is at least 21 years old.
6. Expiration. A Residential rental permit shall expire one year after the date of issuance unless there is a change in tenancy or it is renewed prior to expiration.
B. Application for license requirements. An application for a new Residential Dwelling Rental Unit License shall be on forms provided by the Building and Zoning Department and must include:
1. The address of the proposed residential dwelling rental unit.
2. The name, mailing address, street address (if different from the mailing address), telephone number, and e-mail address of:
a. The applicant;
b. The record owner of the property, if the applicant is not the record property owner;
3. A statement signed by the property owner, if the applicant is not the property owner, authorizing the applicant to submit the application.
4. A statement verifying that:
a. The applicant has confirmed that the proposed residential dwelling rental use will not violate any covenants, homeowner's association rules, bylaws, condominium agreement terms, rental agreement terms, or other restrictions applicable to the property.
b. No license for operation of a residential dwelling rental unit or other guest accommodation, either within the Village or at any other location, has been revoked in the 24-month period preceding the date of the application, either from the applicant or the property owner if the two are not one in the same.
5. A floor plan, drawn to scale, showing:
a. The structure containing the proposed residential dwelling rental unit;
b. The rooms to be used by residential rental tenants for sleeping;
c. All other rooms and indoor areas to be used by residential rental tenants;
d. The location of windows, doors, and smoke and carbon monoxide detectors; and
e. The evacuation route in case of fire or other emergency.
6. Photographs taken from each property line, showing views of the structure where the proposed residential dwelling rental unit is located.
7. An affidavit signed by the applicant and notarized, stating:
a. All information provided by the applicant is true and accurate; and
b. The applicant has reviewed, understands, and agrees to comply with the requirements of this chapter.
c. The applicant is at least twenty one (21) years of age, provide date of birth.
8. Any additional information determined by the Building Commissioner to be necessary for processing the application and verifying the eligibility of the applicant, tenant(s) and the proposed residential dwelling rental unit.
9. Payment of an application fee in the amount of one hundred twenty-five dollars ($125.00).
C. Requirements to be completed prior to license issuance.
1. Inspection; notice to interested parties. Within 30 days of the date of notification by the Building and Zoning Department that it has determined a Residential Dwelling Rental Unit application for license to be complete and all prerequisite conditions and criteria to have been met, the applicant must:
a. Contact the Building and Zoning Department to schedule an inspection to verify that:
(1) The property complies with all applicable building and fire codes.
(2) The floor plan and site plan provided with the application accurately reflect the property.
b. Provide proof that the applicant has given written notice to the owners and occupants of all properties within 250 feet of the proposed residential dwelling rental unit. Acceptable forms of proof shall be as determined by the Building and Zoning Department. The Building and Zoning Department shall also post the notice on the Village's website. The notice shall:
(1) Be in a format approved by the Building and Zoning Department.
(2) Inform each such owner or occupant of the pending application, the Building and Zoning Department's intent to issue the permit, and the owner's or occupant's right to appeal issuance of the permit.
(3) Include a map showing the location of the proposed residential dwelling rental unit.
(4) Provide contact information for the Building and Zoning Department and the applicant for obtaining further information.
2. Failure to pass inspection. If a proposed Residential dwelling rental unit fails to pass the inspection required under this section, the applicant may request a re-inspection, provided the re-inspection request is submitted within 60 days of the first inspection. The application will be voided, and no permit will be issued if the proposed Residential dwelling rental unit fails to pass re-inspection.
3. Insurance; other legal requirements. If no appeal contesting issuance of a Residential Dwelling Rental Unit License is filed with the Village Board within the applicable deadline, or if the Village Board, upon hearing an appeal, has decided in favor of an applicant for a Residential Dwelling Rental Unit License, the applicant must within 30 days:
a. Provide proof that the applicant has obtained or applied for all other licenses, permits, registrations, and approvals required by any government entity to lawfully engage in the business of Residential Rentals.
b. Provide proof of liability insurance with a company authorized to do business in the State of Illinois, insuring against personal injury (including death) and property damage claims related to the Residential rental use, with coverage limits of no less than $2,000,000 per occurrence. Said insurance coverage must remain in effect the entire time a residential dwelling rental unit is made available for rent or lease.
4. Failure to complete required measures. An application for a Residential Dwelling Rental Unit License will be voided and no license will be issued if the applicant fails to complete any of the measures required under this section within the required timeframe.
D. Denial of permit. If the Building and Zoning Department determines that a proposed residential dwelling rental unit or the person applying for a license to operate the unit fails to meet any requirement, condition, or criteria established by this chapter, the license will be denied, subject to the applicant's right to appeal the denial as provided in this chapter.
E. Issuance of permit.
1. Building Commissioner approval. The Building Commissioner shall approve the issuance of a Residential Dwelling Rental Unit License to an applicant if:
a. The Building Commissioner determines that the applicant and the proposed residential dwelling rental unit meet the requirements, conditions, and criteria established by this chapter.
b. The proposed residential dwelling rental unit has passed inspection or re-inspection and the applicant has completed all other measures as required under Section 4-11-5, B and C.
c. No appeal contesting issuance of a Residential Dwelling Rental Unit License has been filed with the Village Board within the applicable deadline.
2. Special conditions. The Building Commissioner may make the issuance of a Residential Dwelling Rental Unit License subject to special conditions established to mitigate the impact of the residential rental on surrounding properties and nearby residents. Such conditions may include, but are not limited to:
a. Designation of dedicated parking locations for tenants or guests.
b. Prohibition of tenant use of certain outdoor areas, or limited hours for use of outdoor area.
F. Appeals from issuance or denial of permits.
1. Filing an appeal. Pursuant to the procedures established under Section 4-1-17, an appeal may be filed with the Village Board by:
a. An applicant whose application for a Residential Dwelling Rental Unit License has been denied or who wishes to appeal any special conditions imposed by the Building Commissioner.
b. Any person aggrieved by the issuance of a Residential Dwelling Rental Unit License.
2. Reversal of decision to issue or deny permit. The Village Board may reverse the Building Commissioner's decision to issue or deny a Residential Dwelling Rental Unit License if it determines the Building Commissioner acted in error. If the Village Board finds in favor of the applicant whose application for a permit has been denied, the Building Commissioner shall approve the issuance of a Residential Dwelling Rental Unit License that is determined to be compliant with the Village Board's findings upon completion of any final measures remaining to be completed under Section 4-11-5 B. or C.
3. Special conditions. The Village Board may:
a. Impose special conditions on the issuance of a license which was previously denied by the Building Commissioner, consistent with the types of special conditions that may be imposed by the Building Commissioner under subsection (2) of Section 4-11-5 (E).
b. Remove or revise any special conditions imposed by the Building Commissioner.
G. Transfers and assignments. A Residential Dwelling Rental Unit License does not authorize any person, other than the person named on the license, to operate a residential dwelling rental. A license holder may not transfer or assign the license to another person or address. However, a new applicant may apply to assume operation of a licensed residential dwelling rental unit and may be granted a temporary license for the remainder of the original license period if the applicant meets all eligibility requirements for Residential Dwelling Rental Unit License holders and any specific requirements for the license for the property. An application for a temporary license under this section must include:
1. The same information as required for new licenses under Section 4-11-5 B. and C., except that no floor plan, site plan, or photographs are required if no changes have been made or are proposed to the residential dwelling rental unit or the property containing the residential dwelling rental unit.
2. Payment of a license application fee in the amount of one hundred twenty-five dollars ($125.00).
3. Submittal of proof of liability insurance and compliance with all other applicable legal requirements, in accordance with Section 4-11-5 C.; provided that the applicant may opt to submit such documents after notification that the Building and Zoning Department has determined the application to be otherwise complete.
H. License renewal.
1. Renewal required upon expiration. A Residential Dwelling Rental Unit License must be renewed upon its expiration. It is a violation of this chapter to continue operating a residential dwelling rental unit after the license has expired.
2. Renewal application. An application for renewal of a Residential Dwelling Rental Unit License must include:
a. All of the same information required for an application for a new license under Section 4-11-5 B., provided that no floor plan, site plan, or photographs are required if the license holder affirms that no changes have been made or are proposed to be made to the residential rental dwelling unit or the property containing the residential dwelling rental unit.
b. Updated proof of liability insurance, consistent with the requirements of Section 4-11-5 C.
c. Proof that all other licenses, permits, registrations, and approvals required by any government entity to lawfully engage in the business of residential rentals are current.
d. Payment of a renewal application fee in the amount of one hundred twenty-five dollars ($125.00).
3. Floor plan and site plan revisions. A revised floor plan must be submitted if any changes have been made or are proposed to be made to the area included as part of the residential dwelling rental unit. A revised site plan must be submitted if the previous site plan no longer accurately depicts the property or there are proposed changes to the property as depicted in the previously approved site plan. Floor plan and site plan revisions are subject to the following provisions:
a. Renewal of the Residential Dwelling Rental Unit License is contingent upon approval of the revisions by the Building Commissioner. If the Building Commissioner denies approval of the revisions, the license holder may submit a revised renewal application without the revisions.
b. If the Building Commissioner determines that the revisions warrant notification to nearby property owners and occupants, the Building Commissioner may require the license holder to provide such notification, consistent with the notification requirements applicable to new license applications under Section 4-11-5 C.
c. The Building Commissioner may impose special conditions in conjunction with approval of the revisions, consistent with the Building Commissioner's authority under Section 4-11-5 E.
d. Pursuant to the procedures established under Section 4-1-17, the license holder or any other party aggrieved by the Building Commissioner's decision under this section may appeal the decision to the Village Board. On consideration of the appeal, the Village Board may:
(1) Affirm or reverse the Building Commissioner's decision to approve or deny approval of the revisions.
(2) Impose special conditions on the approval of revisions that were previously denied by the Building Commissioner, consistent with the types of special conditions that may be imposed by the Building Commissioner.
(3) Remove or revise any special conditions imposed by the Building Commissioner in conjunction with the Building Commissioner's approval of the revisions.
4. Inspection required for renewal. As a condition of renewal of a Residential Dwelling Rental Unit License, the applicant must schedule a new inspection with the Building and Zoning Department to verify that:
a. The property complies with all applicable building and fire codes.
b. The most recently approved floor plan and site plan accurately reflect the property.
5. Failure to pass inspection. If the residential dwelling rental unit fails to pass the inspection, the applicant may request a re-inspection, provided:
a. The re-inspection request is submitted within 60 days of the first inspection.
b. The Building and Zoning Department may, at its discretion, suspend the Residential Dwelling Rental Unit License and order that no residential rental use take place at the premises unless the unit passes re-inspection.
c. The application will be voided and the license will not be renewed if the proposed residential rental unit fails to pass re-inspection. (Ord. 2020-36, 12-14-2020; Ord. 2021-22, 6-28-2021)