Short-term renters get permit extension

By Anya Tikka
DINGMAN TOWNSHIP — Dingman property owners who want to rent their homes to short-term visitors now have more time to get a permit.

Township Solicitor John Klemeyer last month suggested that supervisors adopt an amendment to its Transient Use ordinance to accommodate people who are now coming forward after missing the permitting deadline.

The original deadline was Aug. 24, 2015. Supervisors agreed to extend it to May 19, 2016.

In the original May 19, 2015, ordinance, the township gave residents 90 days to get either a zoning permit or a non-conforming use permit. Klemeyer suggested extending the time period to one year from the May 19, 2015, date.

The town also tightened up the ordinance. An applicant who can prove their residence was used for transient occupancy in the past would have no problem getting a permit, officials said. The ordinance defines "transient" as a period not less than seven or more than 30 consecutive calendar days.

“It was important to us that if somebody missed the deadline, we don’t want to penalize them because they didn’t come forward," Supervisors Chair Tom Mincer said. "If they paid taxes, they are eligible. If not, then they are not eligible.”

Eligibility can be proved through receipts of the transient occupancy tax, also known as the "hotel tax," as well as “any applicable sales tax.” But producing proof of tax payment is not the only way of proving use, according to the new amendment. “Appropriate records” are also accepted as evidence, although the ordinance does not define what these records are.

If the applicant cannot produce acceptable evidence, the township will deny the permit. Furthermore, the rental must be "consistent" and not "sporadic," the amendment states.

Last June, Mincer said the ordinance was needed to prevent complaints down the line about short-term rentals violating regulations in lake communities and other private developments. The supervisors were concerned that short-term tenants might not respect the community or its regulations.

The rules apply to everyone, including property owners renting their homes through websites like Airbnb or Homeaway.

At the time, Mincer pointed out that bed-and-breakfast establishments not only pay taxes, they must be in a commercial zone and go through the zoning application process.

"We’re talking about a different kind of tenant," he said last June. "We need to take care of that.”

Supervisor Dennis Brink said during that discussion that short-term rentals come with uncertainties. Two or three people renting a home might then bring in 10 to 12 more people for a weekend, he said.

After approving the zoning amendment, supervisors said it would be advertised to residents.

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