As used in this chapter:
(a) "Dwelling" 1 means any building or structure which is occupied or intended for occupancy in whole or in part as a home, residence, or sleeping place for one or more persons. "Dwelling" shall not include a detached accessory dwelling or building.
(b) "Detached accessory dwelling" 2 means an accessory dwelling unit in a separate detached structure on the same lot as the main dwelling (for example: garages or carriage houses) regardless of whether the accessory dwelling unit operates as an independent living facility with provision made for cooking, eating, sanitation, or sleeping.
1 Current Village of Boston Heights Codified Ordinances defining dwelling:
1141.14 DWELLING. "Dwelling" means any building or portion thereof, which is designed or used exclusively for residence purposes. An attached garage, for purposes of determining the front, side and rear years, shall be a part of a dwelling. (Ord. 2019-4-7. Passed 6-11-19.)
1141.15 DWELLING, SINGLE-FAMILY.
(a) "Single-family dwelling" means a building designed for or occupied by one family.
(b) When used in the context of an overlay district, "unit" means a house, an apartment, a group of rooms or a single room intended for occupancy as a single living quarters.
(Ord. 2019-4-7. Passed 6-11-19.)
1141.16 DWELLING, TWO-FAMILY.
(a) "Two-family dwelling" means a building designed for or occupied exclusively by two families or which comprises two units as defined by Section 1141.15(b ).
(b) "Dwelling Multiple" means a building, or portion of a building, in an overlay district containing three or more units where each unit may have access to a common hallway, stairs or elevator or where each unit may have individual access to a street or common courtyard. (Ord. 2019-4-7. Passed 6-11-19.)
2 The current Village of Boston Heights Codified Ordinances defining accessory building:
1141.02 ACCESSORY BUILDING OR USE. "Accessory building or use" means a subordinate building or use customarily incidental to, and located on the same lot occupied by the main building and use. (Ord. 2019-4-7. Passed 6-11-19.)
1171.05 ACCESSORY BUILDINGS.
(a) Accessory buildings which are not a part of the main building may be built in a rear yard within five feet of the rear and side lot lines. An accessory building which is not a part of the main building shall not occupy more than thirty percent (30%) of the required rear yard and shall not be located nearer than sixty feet from any front lot line.
(b) Accessory buildings which are to be used for storage purposes only may be erected on a lot prior to the construction of the main building, but no accessory building shall be used for dwelling purposes, except by hired help employed on the premises.
(Ord. 87-1951. Passed 7-10-51.)
(c) "Guestroom" means a room offered to the public for a fee that contains, at a minimum, provisions for sleeping.
(d) "Hosting platform" means a person or entity in whatever form or format that facilitates, through advertising or any other means, a short-term rental booking transaction for accommodations between a short-term rental host and short-term rental guest, including, but not limited to, reservations and/or collection of payment for such accommodations on behalf of the short-term rental host. Examples include, but are not limited to, Airbnb, VRBO, and HomeAway.
(e) "Owner" means an individual(s), corporation, or partnership that has legal title to and control of a dwelling.
(f) "Permanent occupant" means persons who reside in a dwelling more than fifty- one percent of the time during a calendar year; the dwelling in which the persons reside shall be referred to as their primary residence.
(g) "Primary residence" means a residence that is the usual place of return for housing as documented by at least two of the following: motor vehicle registration, driver's license, tax documents, lease copy, or a utility bill. An owner or permanent occupant can only have one primary residence.
(h) "Short-term rental" means any room or dwelling that is rented wholly or partly for a fee for less than thirty consecutive days by persons other than the permanent occupant or owner from which the permanent occupant or owner receive monetary compensation, whether such compensation is paid directly by the short-term rental guest or is collected and remitted to the permanent occupant or owner by a hosting platform. "Short-term rental" does not include a room in any hotel 3 or motel, 4 as defined elsewhere in the Codified Ordinances of the Village of Boston Heights.
(i) "Short-term rental guests" means persons renting temporary lodging from a short-term rental host, or through a hosting platform on behalf of the short-term rental host, for less than thirty consecutive days.
(j) "Short-term rental host" or "host" means the owner and/or permanent occupant of a short-term rental who offers the short-term rental for temporary lodging.
(k) "Short-term rental operation" or "operation of a short-term rental" means the occupancy for a fee of any room or dwelling in a short-term rental by a transient guest.
3 1141.24 HOTEL. "Hotel" means a building in which lodging is provided and offered to the public for compensation and which is open to transient guests, as distinguished from a boarding house or lodging house. (Ord. 2019-4-7. Passed 6-11-19.)
4 1141.32 MOTEL. "Motel" means a one story attached building used or intended to be used as overnight sleeping quarters for automobile tourists. (Ord. 2019-4-7. Passed 6-11-19.)
(1) "Transient guests" 5 means persons occupying a room or rooms for sleeping accommodations for less than thirty consecutive days.
(Ord. 2023-2-10. Passed 2-28-23.)