(A) Purpose and applicability. It is the intent and purpose of this section to provide regulations regarding the operation of short-term rental units within the corporate limits of the Village of Tremont. Such use shall comply with all regulations provided below.
(B) Permitted as special use. A short-term rental unit shall be permitted in the R-1 and R-2 zoning districts only upon approval by the Village Board after a hearing before the Zoning Board as set forth in § 153.267(B) of the Village Code.
(C) Defined. A SHORT-TERM RENTAL UNIT shall mean any structure or dwelling unit, or part thereof, that is rented with or without meals for compensation to transient guest(s) for a period less than 30 consecutive days. Bed and breakfast establishments are considered SHORT-TERM RENTAL UNITS. Boarding and renting of rooms are considered SHORT-TERM RENTAL UNITS.
(D) Application. Applications for approval of a special use permit for a short-term rental unit shall include the name, address, telephone number, email address and signature of the applicant (and the property owner, if other than the applicant), the payment of an application fee in an amount determined by the Village Board, the legal description of the property proposed for the short-term rental unit, how many guests the applicant will allow in the short-term rental unit at any one time, and such other information as the village shall require. The application fee shall be paid in full at the time of filing of the application. The fee shall be paid in cash or by money order or cashier's check, and no other method of payment will be accepted. The fee shall be prorated per day for that portion of the year for which the special use permit is issued. Upon issuance of a special use permit, the excess amount paid over the prorated amount due shall be refunded.
(E) Minimum requirements.
(1) A short-term rental unit shall comply with the following minimum requirements:
(a) The applicant and all guests shall not violate any provision of the Village Code;
(b) The property shall have a driveway or a garage designed and suitable for parking at least two vehicles. Any and all vehicles parked at the short-term rental unit shall be parked on the driveway or in the garage. No vehicles shall be parked on any street or alley adjacent to the short-term rental unit. No vehicles shall be parked on the portion of the property designated as public right-of-way;
(c) The applicant shall file with the village the name, address, email address and phone number of the person responsible for the short-term rental unit;
(d) Maintain with the village a refundable deposit in an amount determined by the Village Board to secure compliance by the applicant, property owner, and all guests with the Village Code. If, at any time, the amount on deposit with the village is less than the minimum deposit, the applicant shall increase the deposit to the minimum deposit within ten days of notice to the applicant by mail at the address provided on the application. Upon revocation or non-renewal of the special use permit, the applicant will be entitled to a refund of the deposit less any fees or fines assessed to the applicant pursuant to this section or any other provision of the Village Code; and
(e) The applicant shall file an affidavit with the village affirming compliance with the Village Code as provided herein.
(2) The requirements set forth above are intended to be minimum requirements, and this section shall not be construed to prevent the village from imposing additional requirements for approval, nor shall it be construed to require the village to approve any short-term rental unit when all of the minimum requirements are met.
(F) Maximum number. The maximum number of special use permits that may be issued for a short-term rental unit shall be five.
(G) Duration and renewal. All special use permits issued pursuant to this section shall be for a term not to exceed one year, expiring on the fourth Tuesday of May of each year. All applications for the renewal of a special use permit issued under this section shall be made in writing. In addition to the application for renewal, the permittee shall submit an affidavit stating that the information and statements contained in the original application have not changed and that the short-term rental unit has been operated in accordance with all applicable laws, ordinances and regulations. Upon such affidavit being filed, the special use permit may be renewed without the filing of a full application. A renewal application fee in an amount determined by the Village Board shall be due at the time the application for renewal is submitted. The application fee shall be paid at the time of filing of the application. The fee shall be paid in cash or by money order or cashier's check, and no other method of payment will be accepted. No public hearing shall be required for renewal of a special use permit pursuant to this section. A special use permit issued under this section is a privilege and not a right, and is subject to non-renewal at the discretion of the village. The village shall not refuse to renew a special use permit issued under this section except after a public hearing held in the same manner as described in division (H) below.
(H) Suspension or revocation.
(1) A special use permit issued under this section shall permit the operation of a short-term rental unit only on the premises described in the application and special use permit and only under the conditions and restrictions imposed in this section and in the special use permit. Such special use permit shall not be subject to attachment, garnishment or execution, nor shall it be alienable or transferable voluntarily or involuntarily, or subject to being encumbered or hypothecated. Such special use permit shall not descend by the laws of testate or intestate devolution, but shall cease upon the death of the permittee. A special use permit issued under this section is a privilege and not a right, and is subject to revocation and suspension as set forth herein.
(2) The village may revoke or suspend any special use permit upon a determination that the permittee has violated any of the provisions of this section, any other provision of the Village Code, or any other applicable law, ordinance or regulation. In addition to the suspension, the village may levy a fine on the permittee for such violations. The fine imposed shall not exceed $750 for each violation. Each day on which a violation continues shall constitute a separate violation. No special use permit shall be so revoked or suspended and no permittee shall be fined except after a public hearing before the village's Zoning Board with a three-day written notice to the permittee affording the permittee an opportunity to appear and defend. All such hearings shall be open to the public, and the village shall reduce all evidence to writing and shall maintain an official record of the proceedings. Any fine levied pursuant to this section may be deducted from the deposit described in division (E) above.
(3) If the village has reason to believe that any continued operation of a short-term rental unit will immediately threaten the welfare of the community, it may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the short-term rental unit closed for not more than seven days, giving the permittee an opportunity to be heard during that period.
(4) The village shall within five days after such hearing, if it determines after such hearing that the special use permit should be revoked or suspended or that the permittee should be fined, state the reasons for such determination in a written order, and either the amount of the fine, the period of suspension, or that the special use permit has been revoked, and shall serve a copy of such order within the five days upon the permittee.
(Ord. 22-115, passed 10-3-2022)