South Hanover City Zoning Code
ARTICLE XIVC
Short-Term Rentals
§ 27-14C01 Preamble.
[Ord. No. 7-2018, 12/11/2018]
The preamble of this ordinance is incorporated herein by reference and approved as part hereof.[1]
[1]
Editor's Note: Said preamble read as follows:
WHEREAS, short-term rentals (STRs) of dwellings have become a significant segment of the local tourism economy; and
WHEREAS, short-term rentals of dwellings provide a community benefit by expanding the number and type of lodging facilities available and assist owners of single-family homes by providing revenue which may be used for maintenance, upgrades and deferred costs; and
WHEREAS, while the majority of these short-term rentals operate without a problem, there have been complaints to the Township regarding excessive noise, parking, litter, and concerns regarding security, public safety, and trespass; and
WHEREAS, the transitory nature of occupants of short-term rentals makes enforcement against the occupants difficult; and
WHEREAS, the provisions of this ordinance are necessary to prevent the continued burden on Township and community services and impact on residential neighborhoods posed by short-term rentals; and
WHEREAS, the provisions of this ordinance are necessary to provide for a system of inspections and for issuance and renewal of licenses and to establish penalties for violations.
NOW THEREFORE, BE IT ORDAINED AND ENACTED by the Board of Supervisors of South Hanover Township, Dauphin County, Pennsylvania, and it is hereby ordained and enacted as follows.
§ 27-14C02 Short title.
[Ord. No. 7-2018, 12/11/2018]
This article shall be known as the "Short-Term Rental Ordinance of South Hanover Township."
§ 27-14C03 Intent and scope.
[Ord. No. 7-2018, 12/11/2018; Ord. No. 5-2021, 5/25/2021]
This article shall be construed to secure its expressed purpose of promoting the public health, safety and general welfare of the residents of South Hanover Township. This article shall apply to all existing and future properties that are used as short-term rentals (STR) in South Hanover Township which are located in the Residential/Agricultural, Commercial Highway and Village Zoning Districts as set forth and established by the South Hanover Township Zoning Ordinance and shall constitute the minimum requirements and standards for the operation of any STR. STRs may be operated only in the Residential/Agricultural, Commercial Highway and Village Zoning Districts.
§ 27-14C04 Definitions.
[Ord. No. 7-2018, 12/11/2018]
1.
For the purpose of this article, certain terms, phrases and words are defined as follows:
A.
Tense, gender, and number. Words used in the present tense include the future; words in the masculine gender include the feminine and the neuter; the singular number includes the plural and the plural singular.
B.
General terms. The words "shall," "will" or "must" are always mandatory; the words "should" or "may" are permissive. The words "used for" include "designed for," "arranged for," "intended for," "maintained for" or "occupied for." The word "building" includes "structure" and shall be construed as if followed by the phrase "or part thereof." The word "person" includes "individual," "profit or nonprofit organization," "partnership," "company," "LLC," "incorporated association" or other similar entities.
C.
Terms, phrases, and words not defined. When terms, phrases or words are not defined, they shall have their ordinarily accepted meaning or such as the context may imply.
D. BEDROOM CODE OFFICIAL DWELLING UNIT OCCUPANCY OWNER PERSON PERSON IN CHARGE SHORT-TERM RENTAL (STR) STR ANNUAL TERM STR LICENSE TENANT
Specific terms. Terms or words used herein, unless otherwise expressly stated, shall have the following meanings:
Any room or space designed to be used or intended to be used for sleeping purposes. Space used for eating, cooking, bathrooms, toilet rooms, closets, halls, storage or utility rooms and similar uses are not considered bedrooms.
The official who is charged with the administration and enforcement of this article, or any duly authorized representative.
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
The purpose for which a building or portion thereof is utilized or occupied.
Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the commonwealth, county or Township 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.
An individual, corporation, partnership, LLC, or any other group acting as a unit.
A person or agent with actual authority to represent the owner for purposes of contact and communication regarding the owner's STRs.
Any dwelling unit owned or managed by a person which is rented or leased for a period of 30 consecutive calendar days or less. STRs may be, but are not required to be, owner-occupied.
January 1 to December 31 of the year.
The written grant of the right to operate an STR pursuant to the specific terms of the license granted to a specific owner.
Shall refer to the primary individual who has entered into an agreement with the owner or owner's agent for the temporary use of an STR for 30 consecutive calendar days or less. Such individual must be at least 21 years of age.
§ 27-14C05 Code officials; administration.
[Ord. No. 7-2018, 12/11/2018]
The Township Board of Supervisors will appoint one or more code officials, who may be the Township Zoning Officer or Code Enforcement Officer, a South Hanover Township employee or a contracted individual, firm or agency, to conduct inspections, make reports, administer this article and enforce this article. The code official shall inspect any STR property at the time an initial application has been submitted for the purpose of determining its qualification for license, may inspect any STR property at the time application has been submitted for license renewal, and may inspect any STR property if a complaint is received and the substance of the complaint requires further inspection.
§ 27-14C06 Licensing.
[Ord. No. 7-2018, 12/11/2018]
1.
Effective upon enactment of this article, all owners must obtain a license for all dwelling units intended for use as short-term rentals (STRs) prior to renting out a dwelling unit as an STR. Operating an STR without a license is a violation of this article and is subject to the criminal prosecution and the penalties set forth below, owners or their agents must complete the STR license application and submit it to the Township Zoning Officer for processing. No property may be used as an STR until a license has been granted by the Zoning Officer.
2.
The Township will prescribe the forms and procedures for processing of license applications under this article. The owners must provide all requested information concerning the dwelling unit and must agree, in writing, to comply with all the requirements of this article.
3.
Licenses are nontransferable. If ownership of an STR changes, the new owner(s) must complete a new license application form before renting out any part of the dwelling unit for a short-term rental and must pay the annual fee.
4.
Upon the submission of a complete application to operate an STR, the Township will have 15 business days to inspect the property and either grant or deny the request for a license. If, after 15 business days, the Township has not acted on the application, the application shall be deemed denied. If the application is denied due to the lack of information, the applicant will be given the opportunity to provide the requisite information and resubmit the application.
A.
License requirements:
(1)
The STR license shall only be issued in the name of the owner of the STR property.
(2)
A separate license is required for each STR property.
(3)
Each owner shall maintain at least $500,000 in liability insurance on the STR for the full duration of the license term and provide proof of the same to the Township.
(4)
A copy of the current Dauphin County hotel room excise tax certificate and current Pennsylvania sales tax license.
(5)
A copy of their STR form agreement which states that the Tenant(s) acknowledge that violation of the STR agreement or this article may result in termination of the owner's(s') STR license.
(6)
All STRs must be either owner-occupied or, if not owner-occupied, must designate a local person in charge. A person in charge, who may or may not be an/the owner, must reside in or have an office within 15 miles of the STR property and be able to act as the legal agent for the owner(s). The Township must be notified, in writing, within 14 days of the change if there is a change of ownership or in the identity of the person in charge.
(7)
The owner or person in charge shall respond to the code official within one hour after being notified by the code official of the existence of a violation of this article or any disturbance requiring immediate remedy or abatement. If the person in charge is not the owner, they shall immediately advise the owner of any notification of a violation. Owners and persons in charge must maintain all STR dwelling units under their ownership and/or control in compliance with all applicable Township ordinances and regulations as established by the Township. Owners, persons in charge, and tenants shall be liable for violations of laws and/or ordinances, including, but not limited to, occupancy violations, at STR dwelling units under their ownership, control, or occupancy.
(8)
The condition of any STR must fully comply with the International Residential Code currently in use as adopted by the Commonwealth of Pennsylvania and other relevant laws and codes.
(9)
The owner shall limit overnight occupancy of the STR to the specific number of tenants designated in their STR license.
(10)
Overnight occupancy of an STR dwelling unit shall be limited to no more than two persons per bedroom plus four additional persons per dwelling unit. The maximum number of day guests allowed at any one time, in addition to the overnight occupants, shall not exceed 75% of the maximum overnight occupancy of the STR.
(11)
Density and proximity limitation.
[Amended by Ord. No. 7-2020, 9/8/2020]
(a)
A new license for an STR shall not be issued in the Residential-Agricultural (RA) Zone if there are already eight STR dwelling units within a one-mile radius of the property applying for a license.
(b)
No STR dwelling units shall be permitted within 1,000 feet of a lot on which another STR dwelling unit is located.
(12)
No on-street or yard parking, or parking on unpaved areas of the property, will be permitted at any time. No tents are permitted. No recreational vehicles, campers, buses or other large vehicles may be parked on the STR property by tenants at any time. Outdoor overnight sleeping of tenants or guests is prohibited. Outdoor fires are prohibited.
(13)
The owner is responsible for any trash or noise disturbance that is created or caused by any tenant. Failure to have adequate trash storage and weekly collection service or to stop a noise disturbance caused by a tenant will result in a notice of violation.
B.
License posting requirement. Each STR license granted will include a public notice placard. It is the owner's responsibility to post the notice on the inside of the front door of the dwelling unit. This notice shall remain on the front door at all times, and it is the owner's responsibility to ensure that it remains legible.
§ 27-14C07 Term of license; fees; initial compliance.
[Ord. No. 7-2018, 12/11/2018]
1.
The license term for all STRs runs from January 1 to December 31. The initial licenses granted hereunder shall run until December 31 of 2019, regardless of when they were actually issued.
2.
The annual STR license fee is per dwelling regardless of the point in a calendar year that a license is obtained. Fee(s) are established by resolution and are set forth in the Township Fee Schedule, which may change from time to time. Fee(s) must be paid at the time the application is submitted for approval. If an application is denied, your fee(s) shall be refunded, minus the inspection fee. Otherwise, no license fee(s) are to be prorated or refunded.
3.
Short-term rentals existing on date of adoption of this article shall have 30 days after adoption of application to make application for short-term license.
§ 27-14C08 License renewal.
[Ord. No. 7-2018, 12/11/2018]
Each STR license shall be renewed annually. Failure to pay the renewal license fee will immediately terminate the STR license. Annual STR license renewal will not be approved unless all required licensing conditions are met as set forth in § 27-14C06 above. In addition, verification that all owed hotel and sales taxes have been paid shall be provided. License renewal applications must be filed on or before November 15 of the prior year.
§ 27-14C09 Inspections.
[Ord. No. 7-2018, 12/11/2018]
1.
All STRs shall be subject to inspection by the Zoning Officer and the code official to verify application information and compliance with all license, license renewal and/or operating requirements.
2.
The issuance of an STR license or inspection is not a warranty that the premises is lawful, safe, habitable, or in compliance with this article or any other applicable ordinances. Rather, the license indicates that the premises is either set to be inspected on a routine basis or, if inspected, the premises met this article or other applicable ordinance requirements on the day and at the time of the inspection.
3.
If there is reasonable cause to believe that any provision of this article is being violated, the Board of Supervisors may enter or may cause, through an authorized representative of the Township, entry onto the STR for the purpose of inspection of any and all STRs, properties, buildings and/or structures located within the Township for ascertaining the existence of violations. In those matters where the nature of an alleged violation is such that an inspection of the interior of a building or structure is necessitated, prior arrangements must be made with the owner or the person in charge to secure access thereof. Upon such request, the owner or person in charge shall provide access.
§ 27-14C10 Marketing.
[Ord. No. 7-2018, 12/11/2018]
The marketing of an STR in which the advertised occupancy exceeds the maximum occupancy requirements permitted by the owner's STR license, or which promotes any other activity which is prohibited by this article, shall be a violation of this article.
§ 27-14C11 Notice of violation.
[Ord. No. 7-2018, 12/11/2018]
If it appears to a code official that a violation of this article or an issued STR license exists or has occurred, the code official shall provide a written notice of violation to the owner, delivered personally, or by both United States first-class and certified mail. The enforcement notice shall identify the premises which is the subject of the violation, enumerate the conditions which constitute the violation, cite the specific sections of this article or regulations which are violated, indicate the action required to correct the violation, and provide a time frame (established by the code official based upon the nature of the violation) to correct the violation. The time frame may be immediate; however, in no event shall the time within which to correct the violation exceed seven days.
§ 27-14C12 Violation declared a nuisance.
[Ord. No. 7-2018, 12/11/2018]
In the interest of promoting the public health, safety and welfare, and minimizing the burden on Township and community services and impacts on residential neighborhoods posed by STRs, a violation of any of the provisions of this article is declared to be a public nuisance.
§ 27-14C13 Violations and penalties.
[Ord. No. 7-2018, 12/11/2018]
1.
Any violation of this article shall be enforced in accordance with § 27-2111, Violations, of the Code of Ordinances of the Township of South Hanover.
2.
In addition to, but not in limitation of, the provisions of this section, the Zoning Officer or code official may either revoke, or deny an application to renew, an STR license for failure to comply with the STR license or the provisions of this article or to provide accurate information on the STR license application. The STR license shall be revoked for a period of one year after the owner has been convicted of their second violation. A revoked STR license may not be renewed for a period of one year. The Zoning Officer or code official shall issue, in writing, a notice of revocation to the owner.
§ 27-14C14 Owners severally responsible.
[Ord. No. 7-2018, 12/11/2018]
If the premises are owned by more than one owner, each owner shall jointly and severally be subject to prosecution for a violation of this article.
§ 27-14C15 Appeals.
[Ord. No. 7-2018, 12/11/2018]
1.
Appeals of a determination of the Zoning Officer or code official under this article to deny any application for, or renewal of, an STR license, or to revoke an STR license, shall be filed with the Zoning Hearing Board of the Township of South Hanover at the Township's business office within 30 days of the date of the determination appealed from. Appeals shall be processed as follows:
A.
All appeals shall be in writing and signed by the appellant on forms prescribed by the Township and shall be accompanied by a fee, the amount of which shall be established by the Township Supervisors, which may include notice and advertising costs and necessary administrative overhead costs in relation to the hearing.
B.
Each appeal shall fully set forth the determination appealed from, a detailed reason or basis for the appeal, and the relief sought. Every appeal shall refer to the specific provision or circumstances of the case.
2.
The Zoning Hearing Board of the Township of South Hanover shall conduct hearings and make decisions pursuant to the requirements of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended and supplemented, and § 27-2112 of the Code of Ordinances of the Township of South Hanover.
§ 27-14C16 Severability.
[Ord. No. 7-2018, 12/11/2018]
If any section, provision or portion of this article shall be held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this article, so long as it remains legally enforceable minus the invalid portion. The Township reserves the right to amend this article or any portion thereof from time to time as it shall deem advisable in the best interest of the promotion of the purposes and intent of this article and the effective administration thereof.
§ 27-14C17 Repealer.
[Ord. No. 7-2018, 12/11/2018]
All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
§ 27-14C18 When effective.
[Ord. No. 7-2018, 12/11/2018]
This article shall become effective five days after enactment.