Short term rentals are unique, semi-commercial operations that adapt a residential environment into a lodging concept, limited in scope and operation. The use is clearly of a commercial nature, but may at times be more in keeping with a residential environment. The purpose of this chapter is to provide a systematic set of requirements to ensure that such operations, if appropriate for a residential or commercial area, shall not adversely impact adjacent uses as a result of the commercial aspects of the structure and property. Short term rentals shall be the subordinate to the principal use of a structure as a single-family dwelling. The intent of this chapter is not to provide an opportunity for the establishment of an intensive commercial lodging business, which would be considered appropriate within an intensive commercial or planned commercial zoning district, but rather in certain locations to provide a limited commercial use in a residential or commercial district.

(Ord. 11025-2018.  Passed 6-19-18; Ord. 11361-2023. Passed 11-21-23.)

   Lease of all or any portion of a residential dwelling unit for dwelling, lodging, sleeping or any other purpose generally associated with a dwelling unit for any period of less than thirty (30) consecutive days shall be considered a short-term rental. Said rental does not require financial renumeration to the owner to be considered a short-term rental. A short-term rental may be by oral or written contract.

(Ord. 11025-2018.  Passed 6-19-18; Ord. 11361-2023. Passed 11-21-23.)

   Short term rentals are hereby classified as a conditional use which may be permitted in Single Family Zoned Districts and all Community Business Districts in accordance with the corresponding standards and requirements of the Planning and Zoning Code. Conditional use permit issued pursuant to Chapter 1121 of these Codified Ordinances shall be required in order to allow said permit shall be effective for two years at a biennial cost to be determined by City Council, and said permit shall be automatically voided by operation of law without further notice or hearing upon the sale or transfer of the real property upon which the short term rentals is located. In submitting an application for a conditional use permit, and with every re-application, the applicant shall provide to the Planning Commission a floor plan illustrating the proposed operation, a site plan indicating all on-site improvements, if any, and any additional information as required by the Planning Commission. Notification of the request for the conditional use permit shall be given by the Secretary of the Planning Commission to all record title holders of real property lying within 500 feet of the property line of the area requesting the conditional use approval. Said notice shall be first class mail, postage prepaid.

(Ord. 11025-2018.  Passed 6-19-18; Ord. 11361-2023. Passed 11-21-23.)

   The following development standards apply to short term rentals.

      (1)   There be a battery-type smoke detector in each guest room;

      (2)   There shall be a 110-volt electrical smoke detector per floor protecting the sleeping areas;

      (3)   There shall be one carbon dioxide detector per floor protecting the sleeping areas;

      (4)   There shall be ten pound ABC extinguishers per floor;

      (5)   Electrical work shall conform to current residential standards;

      (6)   There shall be a fire inspection; and

      (7)   No portable heating devices shall be allowed in sleeping rooms.

(Ord. 11025-2018.  Passed 6-19-18; Ord. 11361-2023. Passed 11-21-23.)

   A resident approved to offer short term rentals shall be subject to annual inspection, and inspection at other times upon reasonable notice to the owner. In addition to the requirement set forth in Section 1122.03 above, an application for and, if requested, renewal of, a conditional use permit to engage in the business of short term rental establishment shall be accompanied by the following information:

   (a)   Proof of commercial general liability insurance, with limits of not less than three hundred thousand dollars ($300,000.00) per occurrence, for bodily injury and property damage arising in any way from the issuance of the permit. Each policy of insurance shall be used by an insurer authorized to do business in the State of Ohio; and include a provision requiring thirty days advance notice to the City prior to cancellation or lapse of the policy. The owner shall maintain the insurance required under this section in full force and effect for the duration of the permit period. A single violation of this subsection shall result in revocation of the permit;

   (b)   A statement as to whether the owner or any controlling person has ever been convicted in any jurisdiction of any felony;

   (c)   Proof that the owner has legal title to the property on which the establishment is located;

   (d)   A written statement that the establishment shall be the owner’s legal primary residence throughout the duration of the license period;

   (e)   A copy of an evacuation diagram; and

   (f)   A valid certificate of registration in food handling and sanitation by the Department of Health.

(Ord. 11025-2018.  Passed 6-19-18; Ord. 11361-2023. Passed 11-21-23.)

   It shall be unlawful for any person engaged in the business of short term rentals to:

   (a)   Exceed the scope of the permit, as set forth in this chapter;

   (b)   Allow occupancy of the establishment or any part thereof to exceed one person per 125 feet of floor area, excluding elevators, stairways or other shaft enclosures;

   (c)   Rent any sleeping room in the establishment for seven or more consecutive days to any person other than members of the owner's family as defined in Brook Park Zoning Ordinance;

   (d)   Use or permit the use of a hot plate, coffee maker or other cooking device in any sleeping room or bathroom;

   (e)   Permit any criminal activity or public nuisance to take place on the premises. If an owner knows or suspects that any criminal activity or public nuisance is taking place on or immediately adjacent to the premises, the owner shall immediately notify the Brook Park Police Department of such fact, and shall cooperate with the Brook Park Police Department in any investigation that may ensue; or

   (f)   Knowingly make any false or misleading statement about such person’s criminal background in connection with any application-submitted pursuant to this chapter. A single violation of this subsection shall result in permit revocation.

(Ord. 11025-2018.  Passed 6-19-18; Ord. 11361-2023. Passed 11-21-23.)

   Whoever violates Section 1122.06 of this chapter is guilty of wrongful rental/use of residential property, a misdemeanor of the third degree. a second violation of this chapter is a misdemeanor of the second degree. Any violation of this chapter that represents a third or further violation shall be a misdemeanor of the first degree. A separate offense shall be deemed committed each day a violation occurs or continues.

(Ord. 11361-2023. Passed 11-21-23.)