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HomeMy WebLinkAboutShort Term Rental RegulationsTown of Lexington Department of Land Use, Health and Development Building and Zoning Office Phone: (781) 698-4530 H:\Short Term Rental Research\Short Term Rental Regulations_Draft_Rev 2.docx Short Term Rental (STR) Regulations All short-term rentals must comply with all applicable rules, regulations and bylaws of the Town of Lexington and all applicable rules, regulations and laws of the Commonwealth of Massachusetts. The short term rental operator shall ensure that the short term rental is used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of a short term rental. Registration Requirements Applicants for a short-term rental registration shall submit, on an annual basis, an application for a short-term rental to the Town of Lexington Building and Zoning Office. The application shall include: 1. Proof that one of the units in the structure is used as the operator’s primary residence, by: Providing an affidavit, signed under the pains and penalties of perjury, stating that the dwelling being used for short-term rental is the operator’s primary residence, a property title or tenancy agreement along with a photo ID, and a government or utility correspondence with operator’s name and address issued within the last three (3) months. 2. If applicable, provide written evidence that the owner, condominium association, and homeowners association has consented to the short-term rental use of the property. 3. The address of the proposed short-term rental. 4. The number and location of all parking spaces available to the premises, which shall include the number of legal off-street parking spaces and on-street parking spaces directly adjacent to the premises. 5. The owner’s agreement that all renters of the short-term rental shall be limited to one (1) vehicle per two occupants in the short-term rental. 6. The owner’s agreement that the short-term rental shall be limited to ten (10) total guests or two (2) adult guests per bedroom, whichever is fewer. 7. The owner’s agreement that the short-term rental will not be advertised for use for any commercial events including but not limited to luncheons, banquets, parties, weddings, meetings. 8. Every application for a short-term rental permit shall be inspected for compliance with the Town’s fire and safety regulations prior to issuance of the STR registration. In addition, the Town reserves the right to inspect a short-term rental for compliance with fire safety regulations regardless of the status of the STR’s permit application, in the event that the Town receives information that there may be a violation on the promises. 9. The short-term rental operator or agent shall maintain an up-to-date log of all occupants who will be occupying the STR, which shall contain the occupants’ names, ages, and dates of commencement and expiration of each short-term rental period. The log shall be available for inspection by the Town’s Board of Heath and Department of Public Safety in case of emergency. The purpose of this requirement is to ensure that the Town shall have basic identifying information of all occupants of the short-term rental at all times. Town of Lexington Department of Land Use, Health and Development Building and Zoning Office Phone: (781) 698-4530 H:\Short Term Rental Research\Short Term Rental Regulations_Draft_Rev 2.docx 10. The short-term rental listing/advertisement must include the registration number received after registering with the Town of Lexington. 11. The Certificate of Insurance provided will list the Town of Lexington as the Certificate holder. 12. The Operator is responsible for renewal of the Certificate of Registration and the scheduling of the inspection. Life Safety Systems 1. Smoke, Carbon Monoxide and Heat detectors must be in conformance with the most recent Massachusetts State Building Code, section R314 Smoke Alarms and section R315 Carbon Monoxide Alarms. 2. Emergency and escape rescue openings must be provided in conformance to the Massachusetts State Building Code; 3. Means of Egress shall be in substantial conformance with the Massachusetts State Building Code; 4. The address of the short-term rental must be affixed to the building in which the short-term rental is located and posted so it is clearly visible from the street. Procedural Requirements The following information shall be provided to all short-term renters and posted in all operator- adjacent short-term rentals or when STR is being rented as a whole unit: 1. Instructions for disposal of waste per the Town’s waste disposal and recycling programs; 2. An emergency exit diagram in all bedrooms used for owner-adjacent short-term rentals and on all egresses from the dwelling unit; 3. Contact information for the short-term rental operator, or when the operator is not present, the contact information for a locally available contact designated to respond to all emergencies and problems that may arise during the rental period, whether from renters, neighbors or municipal authorities; 4. Information regarding the Town’s parking regulations, including but not limited to snow emergencies; 5. The certificate of registration for the short-term rental. Room Occupancy Excise and Community Impact Fees Short-term rentals subject to the provisions of this bylaw are subject to the Room Occupancy Excise under G.L. c. 64G and short-term rental community impact surcharge. Operators shall comply with the provisions of said statutes and are responsible for ensuring proper payment to the Commonwealth and the Town of Lexington.