Posen CHAPTER 17 RENTAL STRUCTURES AND UNITS § 6-17-8

(A) Purpose: The purpose of this article is to protect and preserve the quiet enjoyment of residential properties and neighborhoods within the Village and to mitigate or eliminate adverse secondary effects the Village and its residents may experience by reason of short term rentals of residential structures in the Village, including, but not limited to, excessive noise, litter, and light pollution; traffic congestion; overcrowded parking; and criminal activity.


(B) Definitions: For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:


SHORT TERM RENTAL UNIT:
All or part of a residential building or dwelling unit located in any zoning district, being leased, rented, offered for rent, hired out, licensed, or otherwise let as an accessory use or occupancy to a person or persons other than the owner of the subject property or a family member of the owner thereof for a period or term that is less than thirty (30) consecutive days. The term "short term rental unit" shall also include a dwelling unit or accessory building, or part thereof, used for overnight accommodation that is available for rent by transient guests for a period or term that is less than thirty (30) consecutive days. The term "short term rental unit" shall not include a hotel, apartment hotel, or motel located in a zoning district as permitted by Sections 11-5-1 and 11-6-1 of this Code.





(C) Nuisance Declared: Short term rental units as defined in this article are hereby declared to be and shall constitute nuisances and may be abated accordingly pursuant to any and all available remedies.


(D) Short Term Rental Units Restricted; Exceptions:


(1) Except as otherwise provided herein, leasing, renting, hiring out, licensing, or letting; offering or inviting the leasing, renting, hiring out, licensing, or letting; or otherwise permitting a short term rental unit or occupancy thereof for a period or term that is less than thirty (30) consecutive days shall be prohibited, and such conduct shall be prohibited, whether engaged in or participated in by the owner of the property, one or more agents of the property owner, or by any person leasing, or seeking to lease as a lessor, or renting or seeking to rent as lessee or otherwise occupy a premises, or part thereof, as tenant or temporary occupant thereof.


(2) The term of any lease or occupancy agreement which has satisfied the minimum term required by this article may be extended on a month-to-month basis on the condition that the tenant or tenants remain the same.


(3) The prohibition on short term rental units shall not apply when the immediately preceding owner of a property maintains possession of the dwelling unit after closing on a real estate transaction for the sale thereof and leases said property back from the successor owner for a period of time pursuant to a written agreement.


(4) The prohibition on short term rental units shall not apply to hotels, apartment hotels or motels located in a zoning district as permitted by Sections 11-5-1 and 11-6-1 of this Code.


(E) Penalty:


(1) Notwithstanding anything otherwise provided in this Code to the contrary, any person violating any provision of this article shall, upon conviction, be fined in an amount not less than one hundred dollars ($100.00) per day, nor more than seven hundred fifty dollars ($750.00) per day. Unless exempted by this article, each day a residential building, dwelling unit, or any accessory building, or part thereof, is offered for rent as a short term rental unit; is leased, rented, hired out, licensed, or let as a short term rental unit; or is occupied as a short term rental unit shall constitute a separate violation of this article. Without any limitation on the foregoing, each day a violation of this article occurs or continues shall be a separate offense, and each such offense shall be subject to not less than the minimum daily fine.


(2) Except where otherwise permitted, the restrictions contained in this article shall be interpreted as minimum standards, and shall be in addition to any other applicable Village Ordinances and requirements that apply to short term rental units or the properties on which they are located. (Ord. 2023-02, 1-10-2023)