Berkeley City Zoning Code
ARTICLE XIII
Short Term Rentals STR
Section 400.1010 Definitions.
[Ord. No. 4518, 2-4-2019]
As used in this Article, the following terms shall have the meanings indicated:
A separate room or space with a door, a closet, and a window, used or intended to be used specifically for sleeping purpose.
The Director of Public Works or designee.
A building or portion of a building providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, eating, cooking, sanitation, and a separate bedroom(s) for sleeping.
Space in a structure for living, sleeping, eating or cooking. Bathrooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.
The purpose for which a dwelling unit or portion thereof is utilized or occupied.
Any individual living or sleeping in a dwelling unit or having possession of a space within a dwelling unit.
Any person who owns or has charge, care or control of a dwelling unit which is offered for rent.
An individual, firm, corporation, association, partnership, limited liability company, or other legal entity.
To permit, provide for, or offer possession or occupancy of a dwelling unit in which the owner does not reside for a period of less than ten (10) days to a person who is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license.
Any dwelling or portions thereof, in which the owner does not reside, that is available for use or is used for accommodations or lodging of guests, paying a fee or other compensation for a period of less than ten (10) consecutive days.
A person who is not the legal owner of record and who is occupying a dwelling unit pursuant to a written or unwritten rental lease, agreement or license.
The short-term rental (STR) Article allows for a non-owner-occupied short-term rental which are for property owners who do not live on the property full time and rent out the property up to three hundred sixty-five (365) days a year to guests for a time less than ten (10) days per stay.
Section 400.1020 Permit Required.
[Ord. No. 4518, 2-4-2019]
A.
No short-term rental shall operate within the City of Berkeley without a current valid short term rental permit.
B.
All individual units having cooking, sleeping, and bathing facilities, within common buildings, regardless of ownership, shall require a separate, individual permit for each unit intended to be used as a short-term rental.
1.
On residential properties which are not multi-family buildings (e.g., duplex, four-plex), a single individual unit, which is not owner occupied, as non-owner occupied units shall be considered a short-term rental unit.
Section 400.1030 Short-Term Rental Permit.
[Ord. No. 4518, 2-4-2019]
A.
Application. Application "Exhibit A," (held on file in the City offices) for a short-term rental permit shall be made either in writing or electronically. Upon submission of a complete application, the Director of Public Work, or designee, shall determine whether a unit is to be considered a short-term rental. Application for a short-term rental permit shall be accompanied by a one-time application fee two hundred fifty-nine dollars ($259.00) for the first year, and one hundred twenty-five dollars ($125.00) for each year thereafter that the property is used as a short-term rental (STR) and shall include the following information, at a minimum:
1.
A list of all owners, operators, and agents (if applicable) of the short-term rental including names, addresses, current email(es) of owner/operator, and telephone numbers.
2.
A sketch or narrative describing the location of the available parking spaces.
3.
A sketch of the floor plan, which identifies sleeping areas, proposed maximum number of guests, evacuation route(s), and location of fire extinguisher.
4.
The name, address and twenty-four-hour telephone numbers of a contract person, who is the owner, operator, or designated agent and who shall be responsible and authorized to respond to complaints concerning the use of the short-term rental. Owners and agents must live within fifty (50) miles of the property.
5.
A sworn, self-certification that the owner of the short-term rental has met and will continue to comply with the standards and other requirements of this Article, including, but not limited to: maintenance of insurance coverage of the unit or portions thereof in accordance with this Article and obtaining annual independent inspections of required fire extinguishers in compliance with the City's current Fire Code.
B.
Completeness Of Application. Applications shall not be considered complete until all documentation required under this Article has been submitted, and until the full application and permit fees have been paid. Incomplete applications will not be accepted. Any applicant that makes false statements or gives false information will not be approved.
C.
Acknowledgement By Applicant. In connection with submission of the application, each applicant shall acknowledge that any permit granted by the Director under this Article does not supersede any property-specific restrictions against short-term rentals that may exist under law, agreement, lease, and covenant or deed restriction.
Section 400.1040 Expiration And Renewal Of Permit.
[Ord. No. 4518, 2-4-2019]
A.
Unless revoked by the Director earlier pursuant to this Article, a permit to operate a short-term rental expires annually. Renewal is one (1) year from the date of issuance, and must follow the guidelines below.
B.
A permit holder shall apply for renewal prior to the expiration of the permit on a form provided by the Director. The permit holder shall update the information contained in the original permit application required under Section 400.1030 of this Article or any subsequent renewals under this Section, if any of the information has changed. The permit holder shall sign a statement affirming that there is either no change in the information contained on the original permit application and any subsequent renewal applications, or that any information that has been updated is accurate and complete. Complete applications for renewal received after the expiration of a current permit shall be treated as applications for a new permit, as described in Section 400.1030.
C.
The Director shall follow the procedures set forth in this Article when determining whether to renew a permit.
D.
The annual fee for the renewal of a permit to operate a short-term rental is one hundred twenty-five dollars ($125.00).
Section 400.1050 Non-Transferability.
[Ord. No. 4518, 2-4-2019]
A permit to operate a short-term rental is non-transferable to another owner, operator, unit or location. The property cannot be listed for sale as a short-term rental.
Section 400.1060 General Standards.
[Ord. No. 4518, 2-4-2019]
A.
All short-term rentals permitted pursuant to this Chapter are subject to the following standard requirements:
1.
Occupancy. The maximum number of persons allowed to reside in a short-term rental shall be defined by the Berkeley Model Housing Code.
2.
Time Frame. The short-term rental (STR) Article allows for a non-owner-occupied short-term rental which are for property owners who do not live on the property full time and rent out the property up to three hundred sixty-five (365) days a year to guests for a time less than ten (10) days per stay.
3.
Parking. Shall comply with City Code Section 400.410. The yard(s) shall not be utilized to provide the necessary parking. All parking spaces shall be a paved surface.
4.
Insurance. The applicants shall keep, at a minimum, an insurance policy sufficient for personal injury liability of guests. A copy shall be filed with the City, and proof provided upon request.
5.
Life Safety.
a.
Short-term rentals and structures where they are located shall conform to all applicable City-adopted codes, regulations, and ordinances.
b.
A 2A:10B:C type fire extinguisher (a standard five-pound extinguisher) shall be properly mounted within seventy-five (75) feet of all portions of the short-term rental on each floor.
c.
Smoke and carbon monoxide detectors shall be installed and conform to all applicable City-adopted codes, regulations, and ordinances. Working smoke detectors are required in each bedroom, basement and hallway.
d.
Every sleeping area shall have at least two (2) operable emergency escape and rescue opening per all applicable City-adopted codes, regulations, and ordinances.
e.
An evacuation plan shall be posted conspicuously in each unit or permitted sleeping area.
f.
Every bedroom/sleeping area in a short-term rental that does not comply with this Section shall not be used as a sleeping area and where equipped with a door, shall remain locked at all times when the dwelling is being used as a short-term rental. Such a non-compliant sleeping area shall not be included in the maximum occupancy calculation as defined by the Berkeley Model Housing Code for the short-term rental. The owner/operator shall notify every occupant, in writing, that the non-compliant sleeping area may not be used for sleeping.
6.
Conduct On Premises.
a.
Short term rental operators shall be responsible for informing their occupants of all relevant City Codes and occupants' liability for violations of same.
b.
Excessive noise or other disturbance outside the short-term rental is prohibited per Section 210.670, per the Code of Ordinances. This includes, but is not limited to, decks, portals, porches, balconies, patios, hot tubs, pools, saunas or spas, music, outdoor yard games, noise by guests of primary renter.
c.
No overnight sleeping outdoors or outdoor sleeping spaces for rent.
f.
Ordinance and annual permit shall be noted on all on-line registries.
8.
Tenant Indoor Notification. The operator shall post in a conspicuous location of the dwelling the following minimum information:
a.
Maximum number of occupants.
b.
Location of required street parking, other available parking and prohibition of parking on landscaped areas.
d.
Restrictions of outdoor facilities.
e.
Twenty-four-hour contact person and phone number; property manager within fifty (50) miles of property.
f.
Property cleanliness requirements.
g.
Trash pick-up requirements, including location of trash cans.
h.
Flooding hazards and evacuations routes.
i.
Emergency numbers.
j.
Notice that failure to conform to the occupancy and parking requirements is a violation of the City Code and occupant or visitor can be cited by the City inspectors and police.
k.
Short-term rental permit, and/or any other required permits, if applicable.
9.
Standards For Approval. The Public Works Director or designee shall approve, or approve with conditions, an application for a short-term rental license only upon a finding that the application complies with all of the following applicable standards:
a.
Maximum occupancy will be based on every person having fifty (50) square feet of habitable space (bedroom).
b.
The dwelling unit must meet all residential building, electrical, mechanical, plumbing, and life safety codes; in compliance with adopted codes.
c.
The operator shall provide ample off-street parking to accommodate occupant's vehicles.
d.
No interior cameras, or hidden spyware allowed, tenants have an expectation of privacy and a right of enjoyment in accordance to Missouri Landlord Tenant Law.
e.
Exterior cameras are permitted.
f.
The appearance of the dwelling shall not conflict with the residential character of the neighborhood. The structures shall be properly maintained, and kept in good repair, in order that the use in no way detracts from the general appearance of the neighborhood. Garbage must be kept in a closed container and disposed of on a regular weekly schedule.
g.
No sign shall be posted to advertise the availability of the short-term residential unit to the public.
h.
The owner shall keep on file with the City Inspections Division, the name and telephone number of a contact person who shall be responsible for responding to questions or concerns regarding the operation of the short-term rental; this person must be within fifty (50) miles of the property. This information must be kept current. This information also shall be posted in a conspicuous location within the dwelling unit. The contact person must be available to accept telephone calls on a twenty-four-hour basis at all times that the short-term rental is rented and occupied. The contact person must have a key to the rental unit and be able to respond to the short-term rental within sixty (60) minutes to address issues or must have arranged for another person to address issues within the same timeframe. The requirement for identifying a contact person applies to each person or entity making arrangements for renting a given short-term rental. The owner shall notify neighboring dwelling units within three hundred (300) feet from the rental dwelling unit, in writing, that the property is a permitted short-term rental and shall provide a telephone number of the rental agency, if any, or other local contact person.
i.
The owner or agent or contact shall provide the tenant or lessees of a short-term residential rental with the following information prior to occupancy of the premises and post such information in a conspicuous place within the dwelling on the premises:
(1)
The name of the contact person, and a telephone number at which they may be reached on a twenty-four-hour basis; and
(2)
Notification of the maximum number of overnight occupants permitted on the premises pursuant to this Article; and
(3)
Notification of the parking standards of this Article; and
(4)
A copy of this Article, as may be amended from time to time; and
(5)
Notification that an occupant may be cited or fined by the City of Berkeley Inspectors and/or Police, in addition to any other remedies available at law, for violating any provisions of this Article.
j.
All land-based recreational activities to be limited to rented premises and shall not encroach on neighboring properties.
k.
Campfires in designated 'fire pit' areas away from water's edge, trees, and property lines. Fires must be attended at all times and properly extinguished after use.
l.
Tenants of a property used for short-term rental use shall not create a nuisance. For purposes of this Subsection, a nuisance includes but is not limited to any of the following:
(1)
Playing or using a radio, phonograph, compact disc player, tape player, television, musical instrument, sound amplifier, or other electronic or mechanical sound-producing device in such a manner or with such volume so as to disturb the quiet, comfort or repose of a reasonable person of normal sensitivities.
(2)
Yelling, shouting, hooting, singing, or making other noise that because of its volume, frequency, or shrillness unreasonably disturbs the quiet, comfort or repose of a reasonable person of normal sensitivities.
(3)
Sounding or using any horn, siren, whistle, bell or other warning device so as to unreasonably disturb the quiet, comfort, or repose of another person.
10.
Business License. Miscellaneous business license is required and shall be renewed each December 31.
Section 400.1070 Inspections Required.
[Ord. No. 4518, 2-4-2019]
A.
To ensure continued compliance with the requirements of this Section a short-term rental may be inspected in the following methods:
Section 400.1080 Enforcement/Penalty.
[Ord. No. 4518, 2-4-2019]
A.
A person commits an offense under this Chapter if that person owns or operates a short-term rental in the City without a valid permit.
B.
Emergency Contact. The owner/operator of the short-term rental shall provide the City with a twenty-four-hour contact number for the operator or a designated agent and shall provide timely updates to City of any changes thereto. Should a Law Enforcement Officer respond to the short term rental and issue a citation for any violation of City ordinances, the operator or their agent shall be called by the officer. The operator or their agent shall attempt to contact the occupants within one (1) hour of the call to address the occupants about the complaints. Should a second complaint be filed and citation issued to any part of the occupants or guests, the owner/operator must take appropriate steps, in accordance with the individual rental agreement, to assure future complaints do not occur. Short-term rental permits shall be revoked if three (3) or more confirmed citations are issued at a permitted property within any six-month period, whether issued to the operator or any occupants. Failure to provide updated information to the City regarding designated agent or responsible party shall be a violation of this Section.
C.
Violation of any Section of this Article shall constitute an offense resulting in permit revocation in accordance with Section 400.1090, Revocation Procedures.
D.
Failure to timely pay any applicable license fees is a violation of this Section and shall result in permit revocation if arrearage is not paid within ninety (90) days of this issuance of a delinquency notice, in accordance with Section 400.1090, Revocation Procedures.
E.
Failure to successfully complete the renewal process of a short-term rental permit is considered a violation of this Section.
F.
The provisions of this Subsection are in addition to and not in lieu of any criminal prosecution or penalties as provided by City ordinances, County, or State law.
G.
Violation of the terms and conditions of a short-term rental permit under this Article shall be punishable by a fine. The civil fine for each violation of this Chapter shall be set by a court of competence jurisdiction. In addition to enforcing this Article through the use of a Municipal Court to abate or eliminate the nuisance or any other violation of this Article.
H.
For each day any violation of this Article occurs it shall constitute a separate offense and is separately punishable, but may be joined in a single prosecution.
Section 400.1090 Revocation Procedures.
[Ord. No. 4518, 2-4-2019]
A.
The Director of Public Works is authorized to suspend or revoke a short-term rental permit issued under the provisions of this Chapter wherever the permit is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building, structure, unit, or portion thereof is in violation of any ordinance or regulation or any of the provisions of this Article. In action, if any violations have been committed and not corrected within the time specified, the Director shall begin the procedures to revoke the short term rental permit in accordance with the following:
Section 400.1100 Effective Date.
[Ord. No. 4518, 2-4-2019]
This Article shall become effective thirty (30) days after its passage.