(a) Home occupations shall be permitted in residential districts only if the following criteria are met:
(1) Only members of the family residing within the dwelling shall be engaged in such occupation at that location.
(2) The occupation, except for storage, is conducted entirely within the principal building and the space used for production and sale does not occupy more than twenty percent (20%) or 400 square feet, whichever is the lesser, of the net floor area of the dwelling unit.
(3) That the residential character of the dwelling and accessory structures be preserved and that no structural alterations or construction features of a non-residential nature be incorporated.
(4) No retail or wholesale goods, except those which are produced or processed on the premises, shall be exchanged or sold on the property.
(5) There is no sign or display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling.
(6) No mechanical equipment or process shall be used which will create any noise, odors, fumes, glare, vibrations or electrical disturbances objectionable to the senses of a reasonable person beyond the lot.
(7) Storage of materials, goods, supplies or equipment related to the operation of a home occupation shall be inside a permanent structure.
(8) Pedestrian or vehicular traffic shall not be generated by such home occupation in significantly greater volume than would normally be expected in the residential neighborhood and that the number of deliveries, pick-ups, or origin or destination trips relating to this home occupation shall not exceed five per day.
(9) Any need for parking generated by the conduct of such home occupation shall be in the driveway or a parking area on the lot, except for short- term parking of less than one-half hour.
(10) Solid waste in excess of one thirty-three-gallon trash container per week resulting from a home occupation shall not be placed for residential solid waste collection.
(11) Usage of hazardous production materials, as defined by the BOCA National Fire Prevention Code, are prohibited in home occupations unless in such quantities or of such nature as approved by the Fire Marshal upon application.
(b) Short Term Rentals as Home Occupations.
(1) Short-term rentals shall be subject to all zoning restrictions in the Codified Ordinances and Building Code requirements and ongoing compliance.
(2) Short-term rentals shall be restricted to those dwellings or dwelling units where conditional use for the applicable zoning district identifying such use has been granted. Any such use shall not exceed thirty consecutive days. In the case of a multi-family dwelling where a conditional use has been authorized by the Planning Commission and the Building Department, use of a maximum of one (1) unit adjoining that of the occupant (as defined in Section 1133.02
(131)) shall not exceed thirty consecutive days. For purposes of this section, “adjoining” means that the unit being used as a short-term rental shares a wall or a floor/ceiling with the unit being occupied by the occupant.
(3) Short-term rental owners shall annually register each dwelling or dwelling unit authorized by the Planning Commission and Building Department to be used as a short-term rental.
A. Each registration shall expire one year from the date of its issuance.
B. The registration fee shall be fifty dollars ($50.00) annually per unit used for short-term rental purposes, which fee may from time to time be modified by the City to reflect the cost of processing and issuing registrations, and conducting inspection and related services.
C. For each dwelling or dwelling unit intended to be used as a short-term rental, the applicant shall provide the Director of Administration with:
i. One form of proof of identity of each occupant as defined in Section 1133.02
(131) of each dwelling or dwelling unit intended to be used as a short-term rental. If a short-term rental host is not the property owner but a lessee or permanent occupant of the dwelling, the short-term rental host shall obtain permission from the owner of the dwelling to register the dwelling with the City and on any hosting platform for use as a short-term rental;
ii. Two pieces of evidence that the dwelling is the occupant’s primary residence, or two pieces of evidence of ownership of the dwelling;
iii. Complete mailing addresses, telephone numbers, and email addresses of each occupant, for each dwelling or dwelling unit being registered;
iv. The complete property address of each dwelling or dwelling unit being used as a short-term rental;
v. A description of the number of short-term rental guests rooms or spaces offered for rent and the stated maximum number of occupants permitted in the rental;
vi. A listing of all online platforms on which the property is being offered;
vii. Confirmation that each dwelling or dwelling unit being offered for rent is insured for not less than three hundred thousand dollars ($300,000), that each room offered as a sleeping space is equipped with a smoke detection system, and that the dwelling contains at least one readily accessible fire extinguisher per level; and
viii. Confirmation that each room offered for rent for sleeping purposes meets Building Code requirements regarding ingress and egress.
D. The Director shall deny any application for registration or renewal if any of the following are shown to have occurred at the short-term rental property;
i. The applicant makes a material misrepresentation of fact on the application;
ii. The applicant has engaged in a pattern of conduct or been convicted of violating state laws or City ordinances regarding building, zoning, and fire safety codes; nuisance laws; controlled substance laws; solicitation, prostitution, and human trafficking; or the obligation to remit tax returns and pay taxes to the City of Grandview Heights.
iii. Calls for service have exceeded the City ratio during a consecutive 12-month period;
iv. The short-term rental has a documented history or repeated conduct that endangers neighborhood safety and well-being.
(4) Short-term rentals shall be subject to no less than the number of parking spaces required for two-family, three-family, or four-family dwellings located in the residential district in which the subject dwelling is located. It shall be the sole responsibility of the owners or lessees offering a dwelling or dwelling unit for short-term rental purposes to monitor and regulate short-term rental guests’ parking to comply with applicable requirements for on-street parking.
(5) Occupants shall provide written notice to the short-term rental guest(s) of any known, non-obvious, or concealed condition, whether man-made or artificial, which may present a danger to the short-term rental guest(s), and shall designate a local 24-hour emergency contact for the short-term rental property.
(6) Home occupation square footage limitation does not apply to short-term rentals adjoining an owner-occupied or lessee-occupied dwelling unit that is located within a two-family, three-family, or four-family dwelling. For purposes of this section, “adjoining” means that the unit being used as a short-term rental shares a wall or a floor/ceiling with the unit being occupied by the occupant.
(7) It shall be the sole responsibility of the occupant of a short-term rental to prohibit discrimination, and to ensure that short-term rental guests comply with the following:
A. Keep that part of the premises that he or she occupies and uses safety and sanitary;
B. Dispose of all rubbish, garbage, and other waste in a clean, safe, and sanitary manner;
C. Keep all plumbing fixtures in the dwelling unit or used by him or her as clean as their condition permits;
D. Use and operate all electrical and plumbing fixtures properly;
E. Comply with the requirements imposed on tenants by all applicable state and local housing, health, and safety codes;
F. Personally refrain from and forbid any other person who is on the premises with the permission of the short-term rental guest from intentionally or negligently destroying, defacing, damaging, or removing any fixture, appliance, or other part of the premises;
G. Conduct himself or herself and require other persons on the premises with his or her consent to conduct themselves in a manner that will not disturb his or her neighbors’ peaceful enjoyment of the premises;
H. Conduct himself or herself, and require persons on the premises with his or her consent to conduct themselves, in a manner that does not violate state or City laws regarding nuisance or the use of controlled substances.
(8) Occupants shall maintain records of bookings, including but not limited to the short-term rental physical address; the name of the person who listed the short-term rental on the hosting platform or other rental medium; and the dates and duration of stay in a short-term rental, the number of persons who were scheduled to stay each night, and the daily rate charged for each short-term rental.
(9) In order to determine whether a short-term rental host or hosting platform is in compliance with the requirements of this chapter, the Director of Administration or Building Director may request that any records required to be kept by this section be provided for inspection. If such request is denied, the Director may seek an administrative search warrant from a court of competent jurisdiction authorizing said inspection.
(c) (1) Any person, firm, or corporation violating any of the provisions of this section other than Section 1155.06
shall be deemed guilty of a minor misdemeanor and upon conviction of a subsequent violation of the same provision within one year when the same is so specified in the complaint shall be guilty of a misdemeanor of the fourth degree. Each day that a violation occurs shall constitute a separate and complete offense.
(2) Any person, firm, or corporation violating any of the provisions of Section 1155.06
shall be subject to a fine of up to five hundred dollars ($500.00). Upon being found liable of a subsequent violation of the same provision within one year, any person, firm, or corporation shall be subject to a fine of up to one thousand dollars ($1,000) and up to thirty days in jail. Each day that a violation occurs under this section shall constitute a separate and complete offense. Additionally, for short-term rental home occupations, three or more violations of any of the above within one year will result in permanent revocation of the registration required to operate a short-term rental of the dwelling that is the subject of the violation.
(Ord. 2020-08. Passed 6-15-20.)