All material shall be placed in such a manner that it is incapable of being transferred off the premises by wind, water or other natural cause.

No material shall be placed within the front, side or rear yard setback areas. All yard setback areas shall at all times be kept clean, vacant and maintained with grass and vegetative cover.

All paper, cloth, rags and other fibers, and activities involving the same, other than loading and unloading, shall be within fully enclosed buildings.

All materials and activities not within fully enclosed buildings shall be surrounded by a fence or wall at least six feet high. Such fence shall be completely sight-obscuring from the nearest point on the lot line and maintained in good condition. No such fence may be permitted in any yard setback area. Any gate in a fence shall be similarly constructed and maintained and shall be kept securely locked at all times when the establishment is not in operation. The yard setback areas should be planted in grass, trees, bushes and other vegetative cover.

All gasoline and oil shall be drained from any junked motor vehicle into containers and stored at only one aboveground location on the premises.

Fire hazards shall be minimized by the segregation of combustible from incombustible materials and the provision of adequate aisles for escape and fire-fighting equipment.

The storage of material in piles shall not exceed 10 feet high.

The manner of storage and arrangement of junk and the drainage facilities of the premises shall be such as to prevent the accumulation of stagnant water.

Every structure erected upon the lot after the enactment of this chapter shall be of fireproof construction.

No structure or storage shall be within 100 feet of a body of water, stream or sinkhole.

The primary building to which the subject building is accessory is designated as a local or nationally registered historic property, and the subject accessory building is a contributing building to the historic district designation.

The applicant shall furnish evidence that an approved system of water supply and sewage disposal will be utilized.

Applicants shall maintain the existing exterior character of the building.

Accessory structures may not be altered in such a way that the roofline of the accessory structure is made higher than the roofline of the primary structure.

Off-street parking shall be provided in accordance with the requirements of Article XIX of this chapter, entitled "Off-Street Parking and Loading."

The names, addresses and applicable state licenses of all officers and directors of the corporation or organization which will be in charge of the operation of the cemetery.

A map showing the exact location, exterior boundaries and legal description of the property which is proposed to be used for a cemetery or extension of an existing cemetery. Said map shall also show any water sources, bodies of water, and/or wells existing on site or within 300 feet of the exterior boundaries of the property, along with cemetery buildings and burial plots.

A proposal for the perpetual care of the facility and proof of financial ability to develop and maintain the facility in such a manner as to prevent the proposed cemetery from becoming a public nuisance.

Location. Day-care centers shall be located only on lots with direct motor vehicle access onto collector or arterial streets in the districts where they are permitted uses, except in the HC District, where they shall also be permitted on local streets.

Screening. All outdoor play areas shall be completely enclosed by fence or wall with a minimum height of four feet and screened with an evergreen planting that shall reach a height of at least six feet at maturity. Such play areas shall not be placed in the front or side yard setback area.

License. Day-care facilities must be licensed by the appropriate state agency and a copy of the license provided to the Borough.

The lot shall be capable of meeting minimum area requirements or shall be legally part of another conforming lot so that, in the event the facility is no longer necessary, the lot will be usable according to the district regulations;

The proposed facility is necessary;

The proposed facility will be landscaped or designed to conform with its surroundings and the neighborhood; and

Access to the facility will be adequate.

Minimum tract size for a golf course shall be 200 acres.

No golfing green or fairway shall be closer than 100 feet to any lot line, except for miniature golf facilities, where the underlying zoning district setbacks shall apply.

Golfing tees, tee boxes, and greens for the same fairway or range may not be separated by a street. Access drives shall be located in such a manner as to provide maximum site distances for motorists.

Driving ranges shall have screens or fences of a height and location sufficient to prevent golf balls from landing on adjoining properties.

Site boundary areas, if wooded, shall remain wooded to the greatest extent practicable.

An illumination plan shall be required. Lighting on the site shall use full cutoff fixtures with shielding in appropriate areas to limit spillover onto adjacent properties.

Accessory and incidental uses (including pro shop and eating and drinking establishment) shall be permitted; however such uses shall only continue as long as the golf course is in operation.

A minimum of four off-street parking spaces per hole shall be provided. In addition, one off-street parking space per 200 square feet of restaurant and/or retail space shall be provided.

Unobtrusiveness. Home occupations shall be conducted unobtrusively and shall not impinge upon neighbors nor adversely affect the residential character of the premises or the neighborhood.

Employees. Home occupations shall be carried on only by members of the family who reside in the dwelling unit, plus not more than one full-time additional employee or equivalent, except in the R-1 District, where no employees shall be permitted.

Area. Home occupations may be conducted in the dwelling unit, garage or outbuildings on the premises. However, the total space devoted to home occupations, including storage or materials, shall not exceed 25% of the finished floor space of the principal dwelling unit.

Display. There shall be no use of show windows, displays or advertising visible outside the premises to attract customers or clients, except as permitted by in Article XXI, Signs, of this chapter.

Storage. There shall be no exterior storage of materials for the home occupation.

Alterations. No exterior alterations, additions or changes to the residential character of the dwelling unit shall be permitted in order to accommodate or facilitate a home occupation.

Servicing. No repetitive servicing by truck or service vehicles for delivery of supplies or materials to the home occupation shall be permitted.

Sale of goods. Occasional sale of tangible goods produced on the premises is permitted, provided that the number of customers coming to the premises to inspect or purchase such goods does not average more than 10 per week. Such tangible goods shall be limited to articles produced solely on the premises, such as works of art, sculptures or products of a hobby (such as, but not limited to, ceramics, model trains, and so forth).

Client, patient or customer visit. No business of any type shall be conducted as a home occupation that involves more than an average of 10 visits per week to the premises by clients, customers or patients.

Traffic. Home occupations shall not create additional traffic patterns or parking problems for neighbors by conducting a business that requires more than one street-parking space more than what the home would need if the occupants did not engage in a home occupation.

Parking. No more than two additional off-street parking spaces may be created on the premises for home occupations. Such additional parking spaces shall be located behind the dwelling unit and effectively screened from view by neighbors and shall be approachable via existing driveways. Paving of front or side yard setbacks to provide for additional parking spaces for home occupations shall be considered obtrusive and damaging to the character of the neighborhood and is not permitted.

Noise, fumes and so forth. No home occupation shall create noise, fumes, smells, vibrations or other effects that are heard, observed, smelled or felt beyond the property line.

Guide. In general, all home occupations are permitted that meet the above performance standards. As a guide or help, the following is a partial list of uses that are generally permitted or not permitted as home occupations:

Portable storage units may be located in any residential zoning districts and in the C-1 District. Such units shall be set back a minimum of 10 feet from the front property line.[1]

Portable storage units may be allowed in nonresidential zoning districts so long as the unit is placed in the rear or side yard area of the site. Under no circumstances shall a portable storage unit be placed in an area fronting a street or road or in a grass/landscaped area or in the front parking lot of a commercial establishment. The placement of portable storage units in fire lanes, passenger loading zones, commercial loading zones, or public rights-of-way shall be strictly prohibited.

Placement of portable storage units shall occur with the concurrence of the Zoning Officer after demonstrating that the specific location can sufficiently accommodate the unit and continue to provide adequate parking and public safety access and provide for the general health, safety and welfare of nearby residents. Under no circumstances shall a unit be placed so as to interfere with any use of a sidewalk, bike path, or public right-of-way.

No more than one portable storage unit per site may be permitted in any residential zoning district. Such units shall be no larger than eight feet wide by 16 feet long by eight feet high.

No more than two portable storage units per site may be permitted in any nonresidential zoning district. Such units shall be no larger than eight feet wide by 40 feet long by eight feet high.

Portable storage units shall not remain at any site within a residential zoning district in excess of five consecutive days or in excess of 10 days in any calendar year. No portable storage unit shall remain at any nonresidential site in excess of 14 consecutive days or in excess of 30 days in any calendar year.

The owner and/or operator of any site on which a portable storage unit is placed shall be responsible for ensuring that the unit is in good condition and free from evidence of deterioration, weathering, discoloration, rust, holes, etc.

No form of waste, refuse or hazardous material shall be stored within a portable storage unit.

A portable storage unit shall have no signage other than a serial number identifying the unit, the name, address and telephone number of the person or firm engaged in the business of renting or otherwise placing the unit.

A permit shall be required for the placement of a portable storage unit on any property within the municipality. Application for a permit shall be made to the Zoning Officer. Said application shall include the signature of the property owner or the owner's agent in order to ensure that the owner has full knowledge of, and consents to, placement of the portable storage unit on his or her property and consents to conform to the provisions of this article.

To establish the regulations, procedures and standards for the review and approval of all short-term rental units in the Borough of Bellefonte;

To preserve and foster public health, safety, and general welfare, and to aid in the harmonious and orderly development of both the residential and commercial districts of the Borough in accordance with the regional comprehensive plan;

To establish a review process that is efficient in terms of time and expense; effective in addressing the impacts of short-term rental units; and equitable with regard to regulations and procedures, while respecting the rights of all property owners and residents;

To ensure the safety of structures that are used as short-term rentals; and

If in violation of this section, penalties exist to ensure compliance to protect the health, safety, and general welfare of the residents of the Borough of Bellefonte and those utilizing the dwellings described herein.

Short-term rental establishments may be owner occupied or nonowner occupied.

Pre-existing short-term rentals in the R-1 and R-2 Districts are nonconforming to the guidelines of the residential districts. For this purpose, short-term rentals that have been permitted, prior to the date of enactment of this section through the Borough of Bellefonte Zoning Office and the Borough of Bellefonte contracted Building Safety and Property Code agency shall be allowed to continue as nonconforming. No additional short-term rentals will be permitted in R-1 and R-2 Zoning Districts. The new owner of the property holding a short-term rental permit must apply for a new permit within one year of the transfer of sale.

Failure to maintain short-term rental status in the R1 and R2 residential district for one-year shall constitute abandonment of the nonconforming use and permit.

The person renting out the dwelling unit must be the property owner of record. No subletting of short-term rentals is permitted.

The owner of the property, a designated agent, or person in charge must be 21 years of age and available 24/7.

The occupancy of a short-term rental dwelling may not exceed the occupancy limit set by the Borough of Bellefonte's contracted code agency. A short-term rental may not advertise an occupancy greater than that established by the contracted code agency.

Short-term rental permits shall be renewed annually by providing the following as noted in Subsection F.

Each short-term rental is permitted a maximum of two on-street parking spaces as allowed in Article XIX of this section, entitled "Off-Street Parking and Loading." All other parking must be off-street. All such parking shall be unobtrusive. Parking within a Conservation District shall be located and/or landscaped in such a manner that it is screened from the view of adjacent properties.

The maximum number of parking spaces both on and off-street cannot exceed the number of bedrooms on the property.

The building and parking areas shall be located in a manner compatible with the general character of the surrounding neighborhood. Exterior alterations, additions, or changes to the dwelling unit in order to accommodate or facilitate a short-term rental establishment shall retain the residential character of the dwelling unit and the surrounding neighborhood.

Signage for short-term rental establishments is optional, but shall be consistent with the requirements set forth in the Boroughs Signage Ordinance.

Information such as police, fire, and EMS phone numbers as well as rules, nuisance ordinances, parking restrictions, maximum occupancy, and phone number(s) and name of designated agent or person in charge, who is (required to be 21 years of age and available 24/7 hours) must be posted in a conspicuous location in addition to any other rules of any district.

No outdoor storage shall be permitted other than that which is permitted under Zoning.

Short-term rental properties operating in the R-1 and R-2 residential districts may be rented out for a maximum of 60 nights per year. Any current short-term rental property owner that can document the number of nights that they have been renting in their highest year beyond 60 nights will be granted a certificate of nonconformity for the additional nights beyond that granted for their nonconforming use of the property for a short-term rental.

Short-term rental properties operating in the commercial districts may operate 365 nights per year.

Rentals in the commercial district can operate as both short-term and long-term rentals, with a short-term rental defined as a maximum of 29 consecutive nights.

In order to ensure compliance with all aforementioned criteria, the applicant shall be required to submit a general site plan, obtain a zoning permit, and satisfy the requirements of the Borough of Bellefonte's adopted International Property Maintenance Code prior to receiving requests for compensation.

Permits required for the establishment of, and operation of a short-term rental property shall not be transferrable upon the sale of the subject property. When the property transfers, the new property owner will need to apply for a continuance of the permit in the new property owner's name within one year of the sale of the property. If the permit is not transferred within the R1 or R2 districts, the permit/use will be considered as abandoned and the property can no longer be rented as a short-term rental within the R-1 and R-2 district.

Short-term rental properties shall comply with all applicable federal, state, and local laws.

Use of a single-family detached residential dwelling unit as a short-term rental shall not constitute an abandonment of single-family residential use as a use by right.

Consideration may be given to renting out a qualified accessory building as a second short-term rental with a second STR permit if:

The person renting out the dwelling unit must be the property owner of record. No subletting of short-term rentals is permitted.

Every person engaging in a short-term rental business shall annually file an application for a short-term rental permit and pay a fee per unit as established by Council resolution. The application shall be filed within 30 days of the start of a short-term rental business, or the effective date of this section. The application shall be on a form prescribed by the Borough and shall contain:

Attached to, and concurrent with submission of the application, the owner shall provide a notification letter stating:

Attached to, and concurrent with submission of the application, the owner shall provide proof of general liability insurance in an amount sufficient for short-term rental activity, and an insurance declaration that clearly indicates coverage specifically for rental or include written acknowledgment of same from the insurance provider. The applicant shall notify the Borough of Bellefonte of any changes in insurance policies for the property under license.

General liability insurance in an amount sufficient for short-term rental activity.

Insurance declarations shall clearly indicate insurance coverage specifically for rental or include written acknowledgement of same from insurance provider.

The applicant shall notify the Borough of Bellefonte of any changes in the insurance policy.

The Bellefonte Borough Zoning Officer shall approve or deny any application for a short-term rental permit within 30 days of a completed application being received.

The Zoning Officer shall keep records of all short-term rentals permitted within the Borough.

Fees for permits required under the provisions of this section shall be set per unit by the Bellefonte Borough Council on an annual basis.

The Borough shall collect the annual fee per unit with the required annual reports and paperwork for each short-term rental permit granted or renewed.

Occupancy without a permit. It is unlawful to rent, offer to rent, or advertise for rent a dwelling unit located on any property within the Borough as a short-term rental without a permit authorizing such use that has been approved and issued in the manner required by this section.

Revocation. Any owner of a property covered by this section shall be subject to the regulations set forth in the Property Maintenance and Fire Code, which may result in the revocation or suspension of a short-term rental permit pursuant to the above referenced code.

Permit violations. Any short-term rental property owner of a dwelling unit or portion thereof who rents or advertises for rental of a dwelling unit without first receiving a short-term rental permit pursuant to this section, or without renewing said permit pursuant to renewal sections of this section shall be considered to be in violation of this section and shall be subject to the following:

Property maintenance. Properties with a short-term rental permit are subject to the requirements shall meet all code enforcement requirements as contracted by the borough for codes enforcement and as required and updated by the Commonwealth of PA for enforcement of permit suspension.

Complaints. Complaints, including, but not limited to, noise, parking, and criminal violations shall be reported to the police or 911.

Penalties. Any violations of nuisance or ordinance laws in any calendar year/permit cycle shall result in penalties and/or fines.

Right of appeal. Any person in violation of this section shall have the right to appeal to the Zoning Hearing Board of the Borough of Bellefonte.