Fox Lake CHAPTER 2 HOUSING REGULATIONS § 6-2-7-7

A. Additional Standards: Additional standards to be complied with by owners of short- term housing rentals:


1. Owner must apply for and obtain a special use permit, as outlined in section 9- 1-6-10 of the Fox Lake Zoning Ordinance. The special use permit expires when the property is subsequently sold or there is a transfer of ownership of the short-term housing rental property.


2. Acquire proof of insurance covering “rental” use and provide a certificate of insurance every year thereafter showing the insurance to be current and in force.


3. Submit application to register with the Village including contact numbers for twenty-four (24) hour property owner/manager. Village must be informed immediately if there is a change of management company.


4. Demonstrate notification of adjacent properties (neighbors) within three hundred feet (300') of any point of the property lines on the application for special use.


5. Posting of rules and regulations to include property manager/owner contact as well as municipal police and fire department numbers.


6. Parking regulations. During any lease of any short-term housing rental property:


a. The owner must designate the number of vehicles allowed to be parked on the premises during any short-term housing rental and designate the on- site areas available for parking of vehicles. The areas for parking of vehicles must be improved with an impervious surface. Parking areas must include a space at least nine (9) feet by eighteen (18) feet for each vehicle allowed to be parked on the premises.


b. The owner must notify all prospective short-term housing lessees in writing of the maximum number of vehicles permitted at the short-term housing rental property prior to making any agreement for any short-term housing rental.


c. The owner must ensure that no vehicles associated with the short-term housing lessee will park off-site, including in adjacent rights-of-way, during the short-term housing rental lease.


7. Demonstrated language in lease/contract that states no less than a two (2) night minimum stay.


8. Copy of lease/contract used on file with Village (part of application) or when updated/changed.


9. For short-term housing rentals, the Director of Community Development may recommend any variances to the standards or limitations on a case-by-case basis, and such variances shall only be effective if included in the ordinance approving the special use permit.


10.
Maximum occupancy shall be as follows:


a. Habitable space for sleeping purposes: A guest room of a minimum of seventy (70) square feet. Each guest room occupied by more than one person shall contain not less than fifty (50) square feet of floor area for each guest. Kitchens, bathrooms, hallways and closets are not considered habitable rooms for sleeping purposes.


b. All habitable spaces for sleeping purposes must be in compliance with the current International Residential Building Code.


c. Maximum guests per night shall be based upon number of guest rooms and minimum square footage of habitable space required for sleeping guests in accordance with the current International Residential Code. In no event shall a short-term rental be occupied by more than ten (10) guests per night. The ordinance approving the special use shall specify the maximum number of guests per night.




11. The owner, by accepting a special use for a short-term housing rental or by accepting a short-term housing rental license, agrees to indemnify, defend and hold harmless the Village for damages or claims resulting from violation of the standards for short-term housing rentals.


12. Maximum of one detached dwelling per PIN can be used as a short-term housing rental on a residentially zoned parcel.


13. Property owner to place placard in a visible place on the premises that identifies the dwelling as a short-term housing rental and includes the following information: maximum occupancy; twenty-four (24) hour phone number of property owner and/or property management company; and maximum amount of allowable vehicles to be parked on property.


14. Trash regulations. During any lease of any short-term housing rental property, the owner, or the manager shall maintain a designated trash storage area for use of short-term housing lessees at the short-term housing rental property. The owner shall ensure that trash containers are not placed curbside more than twenty-four (24) hours prior to scheduled pick-up times and will be removed no more than twenty-four (24) hours after pick-up.


15. Noise regulations. During any lease of any short-term housing rental property, the owner shall display the following information in a prominent location in the short-term housing rental property:


a. In the Village of Fox Lake, Illinois, it is unlawful to unreasonably disturb the peace and quiet of those in their homes and public places; and


b. Quiet hours are between 10:00 p.m. and 8:00 a.m. Sun -Thurs and 11:00 p.m. - 8:00 a.m. Fri and Sat, though Village noise regulations are in force twenty- four (24) hours each day.


B.
Revocation:


1. The Village Administrator may revoke or suspend a license issued pursuant to the terms of Village Code 6-2-7-6 , 6-2-7-7 , 9-1-5-16 -D or for any of the following reasons:


a. If the owner of the relevant vacation rental or his/her agent violates any of the terms of this Chapter;


b. If the owner of the short-term rental or his/her agent is deemed to have maintained a nuisance premises therein, in violation of Title 4- Public Safety of this code;


c. If, pursuant to Chapter 8, of this Village Code, the Director of Community and Economic Development ("Director") deems the short-term rental, or premises wherein it is located, to be a vacant building, as defined therein; and/or


d. If the Village or other governmental agency condemns the short-term rental or the premises wherein it is located.


2. Not less than fourteen (14) business days prior to a revocation hearing for a license issued pursuant to the terms of this Chapter, the Director shall send, via First Class U.S. mail, a notice of revocation hearing to the owner or his/her authorized agent at the address of the authorized agent indicated on the license application. Said notice shall include the following:


a. Description of the short-term rental, sufficient for identification;


b. A Statement that the license is subject to revocation;


c. A Statement of the reasons for the revocation;


d. The date and time upon which a revocation hearing shall occur; and


e. The location for said revocation hearing.


3. If the Director certifies to the Village Administrator that he/she has reason to believe that immediate suspension of the license is necessary to prevent the threat of immediate harm to the community, the Village Administrator may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order the license suspended for not more than seven (7) days. The Village Administrator may extend the suspension during the pendency of a hearing upon a written determination that doing so is necessary to prevent the aforesaid harm to the community.


4. Hearings shall be conducted by the Village Administrator in accordance with procedures drafted by the Corporation Counsel.


5. Within ten (10) business days after the close of the hearing, the Village Administrator shall issue a written decision that shall constitute a final determination for the purposes of judicial review pursuant to the Illinois Administrative Review Law 735 ILCS 5/3-101 et seq., as amended. In reaching a decision, the Village Administrator may consider any of the following:


a. The nature of the violation;


b. The nature and extent of the harm caused by the licensee's action or failure to act;


c. The factual situation and circumstances surrounding the violation;


d. Whether or not the action or failure to act was willful;


e. The record of the licenses with respect to violations.


6. A licensee whose license has been revoked shall not be eligible to reapply for a new license. (Ord. 2023-03, 2-14-2023; amd. Ord. 2024-56, 12-10-2024)