Honesdale, PA Zoning Ordinance

[Added 11-1-2021 by Ord. No. 709]

§ 210-45 Intent.

This article shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of residential structures and premises on a short-term and/or vacation basis.

§ 210-46 Applicability.

The provisions of this article shall apply to all existing residential structures, conversions of nonresidential structures to residential dwellings, and all existing premises and shall constitute the minimum requirements and standards for said premises for occupancy, life safety, safety from fire and other hazards. The owner of the rental property shall be responsible for compliance with these provisions, and failure of an owner, agent, managing agency, local contact person or short-term renting occupants to comply with this article shall be deemed noncompliance by the owner.

§ 210-47 Definitions.

Terms or words used herein, unless otherwise expressly stated, shall have the following meanings:

BEDROOM

Any room or space used or intended to be used for sleeping purposes.

CODE OFFICIAL

The official who is charged with the administration and enforcement of this Code, or any duly authorized representative.

HABITABLE SPACE

Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces.

LOCAL CONTACT PERSON

A local property manager, owner, or agent of the owner, who is available to respond to tenant and neighborhood questions or concerns, or any agent of the owner authorized by the owner to take remedial action and respond to any violation of this article.

OPERATOR

Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

OWNER

Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in official government records as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

SHORT-TERM RENTAL

Any dwelling unit owned or managed by a person, firm or corporation which is rented or leased for a period of less than 30 days, not including properly registered and permitted hotel, motel or bed-and-breakfast units.

TENANT

A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

TOILET ROOM

A room containing a water closet or urinal but not a bathtub or shower.

§ 210-48 Local contact person.

Each owner of a long-term or short-term rental shall designate a local person, property manager or agent as a local contact person who has access and authority to assume management of the unit and take remedial measures. An owner who resides within 10 miles of premises may designate himself as the local contact person. The local contact person shall respond to the Code Official within one hour after being notified by the Code Official or other Borough official of the existence of a violation of this article or any disturbance requiring immediate remedy or abatement. If the local contact person is not the owner, the local contact person shall immediately advise the owner of any notification of a violation.

§ 210-49 License required; zoning.

A license under this article shall be required when any dwelling unit is initially proposed to be used as a short-term rental. A license application for any property presently used as short-term rental shall be filed within 90 days of the effective date of this article. Each permit shall be renewed annually and at the time any of the conditions of the rental which are governed by this article are changed through application to the Code Official, who shall be authorized to grant or deny such renewals. Licenses shall be issued only in the name of the owner of the short-term rental. Any fees attached hereto shall be established by the Borough in its Fee Resolution Schedule, as it exists at the time of application.

§ 210-50 Application.

An application for a short-term rental license shall be filed with the Code Official. The application shall contain the following information:

The name, address, telephone number and email address of the owner. If the owner does not have a managing agency, agent or local contact person, then the owner shall provide a twenty-four-hour telephone number.

The name, address, and twenty-four-hour telephone number of the managing agency, agent or local contact person.

A diagram or photograph of the premises showing and indicating the number and location of designated on-site parking spaces and documentation detailing the number and location of available off-site parking spaces.

If not on a central sewer system, the location, approximate age and capacity (if known) of the sewage disposal system.

Acknowledgment that the owner, agent, and/or local contact person have read all regulations pertaining to the operation of the short-term rental.

Acknowledgment the owner, agent, or local contact person will post and maintain the short-term rental license along with the notice required under § 210-51A(9) herein.

A copy of a current Wayne County room rental excise tax certificate and current Pennsylvania sales tax license if such certificate and/or license is required by the applicable regulations.

Any other reasonable information deemed necessarily by the Code Official.

§ 210-51 Standards and conditions.

All licenses issued pursuant to this article are subject to the following standards:

(1)

The owner shall limit overnight occupancy of the short-term rental to two people per bedroom plus an additional two people.

(2)

Every bedroom shall contain not less than 70 square feet, and every bedroom occupied by more than one person shall contain not less than 100 square feet. Bedrooms shall not be less than seven feet in any plan dimension.

(3)

The owner shall limit the number of all vehicles to the number of parking spaces designated in the license. All parking for overnight guests and day guests shall be designated in the license and shall be located on the short-term rental property or within 300 feet of such property. This may include spaces in the property's garage which can accommodate vehicles, but shall not include spaces in any private, community or public right-of-way.

(4)

A minimum of one parking space per bedroom shall be provided. All parking spaces shall be improved to a mud-free condition with paving, stone or similar material.

(5)

If the short-term rental is accessed directly by a Borough or state road, all parking spaces shall be accessed from the driveway serving the short-term rental unless the unit is served by a common parking area.

(6)

The owner shall use best efforts to assure that the occupants or guests of the short-term rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this article or any state law pertaining to noise or disorderly conduct by notifying the occupants of the rules regarding short-term rentals and responding when notified that occupants are violating provisions of this article and/or other applicable laws and regulations regarding their occupancy.

(7)

The owner shall, upon notification that occupants or guests of the short-term rental have created unreasonable noise or disturbances, engaged in disorderly conduct or violated provisions of this article or state law pertaining to noise, or disorderly conduct, promptly use their best effort to prevent a recurrence of such conduct by those occupants or guests. The total number of persons occupying a dwelling unit at a given time shall not exceed the maximum overnight occupancy under Subsection A(1) above plus 50%.

(8)

The owner shall post a copy of the license and a copy of the conditions set forth herein in a conspicuous place within the short-term rental.

(9)

Each short-term rental shall have a clearly visible and legible notice conspicuously posted within the unit containing the following information:

(a)

The name of the managing agent, property manager, local contact, or owner of the unit and a telephone number at which such party may be reached on a twenty-four-hour basis.

(b)

The 911 address of the property, which shall be verified by the owner seeking a 911 address verification from Wayne County.

(c)

The maximum number of occupants permitted to stay in the unit pursuant to Subsection A(1) above.

(d)

The maximum number of all vehicles allowed to be parked on the property and the requirement that parking is not permitted in any public road right-of-way unless such designated right-of-way is not parking-restricted.

(e)

Notification that trash and refuse shall not be left or stored on the exterior of the property except in secure, watertight metal or plastic cans or similar containers designed for such storage with a limit of three secured containers.

(f)

Notification that an occupant may be cited and fined for creating a disturbance or for violating other provisions of this article.

(g)

Notification that failure to conform to the parking and occupancy requirements of the structure is a violation of this article subject to a citation and fines.

(h)

A map of the property boundaries and approved parking spaces provided.

(10)

It shall be unlawful for any occupant or person to maliciously and willfully disturb the peace of any neighborhood, person, or family by loud or unusual noises or by tumultuous and offensive conduct, public indecency, threatening, traducing, quarreling, challenging to fight, or fighting.

The Code Officer shall, with notice to Borough Council, have the authority to impose additional reasonable conditions on any license or renewal in the event of any prior violation of the conditions of the license or the provisions of this article to address any such past violations.

The marketing of a short-term rental in which the advertised occupancy exceeds the maximum occupancy requirements permitted by this article or which promotes any other activity which is prohibited by this article shall be a violation of this article subject to the penalties and costs in Article VI. The owner or local contact person shall provide to the Code Official a copy of all advertisements relating to the short-term rental.

§ 210-52 Appointment of Code Official(s).

The governing body may appoint one or more Code Officials, who may be the Borough Zoning Officer or Code Enforcement Officer, local police or a contracted individual, firm or agency, to conduct inspections, make reports and administer this article. All short-term rental units shall be subject to inspection and approval by the Code Official to verify registration, application, license, operating and/or occupancy requirements or if there is reason to believe that any provision of this article is being violated. Prior to the initial letting of a short-term rental and prior to the license renewal, the owner shall arrange for an inspection annually by the Code Official to confirm that occupancy requirements herein are satisfied.

§ 210-53 Occupancy requirements.

Each short-term rental, to be approved for letting, shall comply with the following:

Smoke detector in each bedroom;

Smoke detector outside each bedroom in the common hallway;

Smoke detector on each floor;

Aluminum or metal exhaust from dryer;

Carbon monoxide detector if there is an open flame (oil or gas) furnace or gas fireplace;

Carbon monoxide detector if garage is attached;

Fire extinguisher in kitchen;

Stairs (indoor and outdoor) in good condition;

Covers on all outlets; and

Any other occupancy requirements that may be added by resolution of the governing body or that may be required by other regulations, including Building Code requirements and Chapter 163 of this Code.

§ 210-54 Short-term license revocation.

If an owner of a short-term rental commits two or more offenses resulting in convictions within one year, the short-term rental license may be revoked.

Honesdale City Zoning Code

ARTICLE VIII