(a)

The City of Mountain Brook is committed to maintaining and preserving the quality of its residential character, the housing stock and existing residential communities, scenic beauty, and the natural resources that are the foundation of its economic strength and quality of life.

(b)

The rental of residences for temporary occupancy has been identified as a community concern due to the potential for increased traffic, noise, high occupant turnover, and density in residential districts.

(c)

The number of occupants occupying short-term rentals has the potential to negatively impact the health and safety of residential neighborhoods and nearby residential properties.

(d)

The purpose of this article is to safeguard the peace, safety and general welfare of the residents of Mountain Brook, and their visitors and guests, by eliminating noise, vandalism, overcrowding, high occupancy turnover, diminution of neighborhood character, and other effects that have become associated with the short-term rental of residential dwellings.

(e)

The restrictions established by this article are necessary to protect the integrity and residential character of the city's residential neighborhoods and the health and safety of the residents of Mountain Brook.

(f)

This article is required to prohibit the rental of residences and the promotion and advertisement of short-term rentals of residences for periods of less than 30 consecutive days, in order to protect the public health, safety, and welfare, and the existing community standards in the City of Mountain Brook relating to residentially zoned property.

(Ord. No. 1997, § 1, 8-14-2017)

For the purposes of this article, the following definitions shall apply:

Advertise or advertisement. Any written, electronic, or oral publication, dissemination, solicitation, or circulation which is intended to directly or indirectly induce any person to enter into an agreement for the rental of a residence in violation of this article or other applicable provisions of the zoning ordinance of the City of Mountain Brook. This definition includes but is not limited to mailings, print advertisements, internet listings, e-mail publications, Facebook publications, or other oral, printed, or electronic means.

Dwelling. A building containing one or more dwelling units. For a part of a building to constitute a separate dwelling unit it must be separated from the remainder of the building by one or more party walls. The word "dwelling" shall not include boarding houses, rooming houses, tents, hotels, mobile homes or other structures designed or used primarily for transients.

Dwelling unit. Any building or any part of a building used or designed as a separate residence for a family, including an apartment or one or more rooms forming a single residential unit.

Enterprise. Any corporation, association, firm, partnership, LLC, or other legal entity.

Facilitate. A person, operator, or enterprise "facilitates" if, acting with knowledge that an operator, managing agency or rental agent is committing or intends to commit the offense of renting a residence in violation of this article, the person or enterprise knowingly provides the operator, managing agency or rental agent with means or opportunity for the commission of said offense.

Managing agency or rental agent. A person, operator, enterprise, or agency representing the owner of the residence, or a person, enterprise or agency owning more than one residence.

Operator. A person or enterprise who is owner or proprietor of a residence, whether in the capacity of owner, lessee, sub-lessee, mortgagee in possession, licensee, managing agency, rental agent, or any other capacity. Where the operator performs his or her functions through a managing agency of any type or character, or where the operator performs his or her functions through a managing agency or the rental agent, the operator has the same duties as its principal.

Person. Any individual or a group of individuals, enterprise, managing agency, rental agent, operator, or any entity.

Remuneration. Compensation, money, or other consideration given in return for occupancy, possession, or use of real property.

Rent. The consideration or remuneration charged whether or not received, for the occupancy or possession of space in a residence, valued in money, whether to be received in money, goods, labor, or otherwise, including all receipts, cash, credits, property or services of any kind.

Rental. An arrangement between a transient and an operator whereby rent is received in exchange for the right to possess a residential structure.

Residence. Any dwelling, dwelling unit, or structure (in whole or in part) located in any residential zoning district as defined in the zoning ordinance and zoning map of the City of Mountain Brook, including detached single family dwellings, attached single family dwelling, duplexes, and multi-family dwellings.

Solicit. A person "solicits" if, with the intent to promote or facilitate the short-term rental of a residence in violation of this article, or if such person commands, encourages, requests or solicits another person to engage in conduct which would constitute a violation of this article.

Transient. Those who reside, possess, or inhabit a residence (or a portion thereof) as defined by this article for a period of less than 30 consecutive calendar days, counting portions of calendar days as full days.

(Ord. No. 1997, § 1, 8-14-2017)

It shall be unlawful for any person to rent or possess to rent for any type of remuneration, any residence, as defined by this article, for a period of time of less than 30 consecutive days in duration to any transient.

(Ord. No. 1997, § 1, 8-14-2017)

It shall be unlawful for any person to advertise, solicit, or facilitate the rental for a duration less than 30 consecutive days of any residence as defined by this article. Such activity is prohibited, whether by mailings, print advertisements, internet listings, or any other means for communicating such advertisement.

(Ord. No. 1997, § 1, 8-14-2017)

(a)

Existing short-term rentals (previously licensed by the City of Mountain Brook and operating in accordance with the terms of the city's municipal code at the time of business license issuance) as of September 11, 2017 shall be considered vested short-term rentals only as related to contracts entered into prior to July 24, 2017. Rental/lease agreements that were entered into prior to the July 24, 2017, as evidenced by a written and validly executed rental agreement or contract provided to the city zoning administrator no later than October 11, 2017 shall be considered vested.

(b)

Vesting shall:

(1)

Apply only to date specific contracts entered into in accordance with the terms of the city's municipal code at the time of license issuance;

(2)

Not apply to renewals of existing rental agreements or contracts which are at the option of either of the parties.

(c)

A vested contract/lease transferred to a subsequent owner shall continue to be vested, but shall not be transferred to a different short-term rental property.

(Ord. No. 1997, § 1, 8-14-2017)