Temporary use permit
(a) A temporary use permit that confers a temporary privilege to operate beyond the defined permissible uses in any zoning district. Temporary use permits are subject to the following provisions:
(1) Temporary use permits shall automatically expire on January 1 of each year.
(2) The fee for a temporary use permit shall be set by the zoning officer.
(3) A temporary use permit may be revoked at any time by the zoning officer.
(4) Applications for temporary use permits shall be submitted to the zoning officer. Temporary use permits shall only issue if:
a. Unless expressly allowed by this section, the temporary use or structure complies with the yard and bulk requirements of the district in which it is located.
b. The temporary use does not cause, or threaten to cause, an on-site or off-site threat to the public health, safety, and welfare.
c. The temporary use is operated in accordance with such restrictions and conditions as the police and fire department may require. If required as a condition of approval, the operator of the temporary use shall employ appropriate security personnel.
d. The temporary use does not conflict with another previously authorized temporary use.
e. The Applicant shows proof of ownership in the relevant property.
f. If the relevant property contains public property, the applicant shall acquire written permission from the director of the department of public works for use of said property, subject to any conditions set by the city.
(b) Short-term rental. The offering of or occupancy or use of, all or portions of a dwelling unit by anyone other than the owner for a fee for a period of fewer than 28 consecutive calendar days.
(1) A dwelling unit in a single-family, two-family, three-family, semi-detached, or multi-family dwelling may be used as a short-term rental, subject to the following standards:
a. Properties used as short-term rentals in residential districts must:
1. Local representative. Identify a local representative or property management company authorized to receive any process, notice or demand required or permitted to be served upon the owner of the premises. Said local representative shall:
i. Provide contact information that is monitored 24 hours a day.
ii. In the case of a complaint regarding use of the temporary use permit for short-term rentals, immediately respond to city officials, including, but not limited to, the police department, but in no case shall such response take more than 12 hours.
iii. Respond to, and be physically present at, the short-term rental within 12 hours upon request of the East Providence Police Department.
2. Nuisances. At no time shall the short-term rental be used in such a manner that it creates a nuisance, especially any pattern of nuisance that is otherwise uncommon in residential districts.
3. Events or Parties. At no time shall the short-term rental be used to host events or parties except as may be expressly approved by the city by way of a one-day entertainment license pursuant to chapter 8, article I, section 8-6 of the East Providence Code of Ordinances.
b. The owner must supply all of the following within the dwelling unit:
1. Visible printed materials with diagrams of all points of egress, written in English, Spanish, and Portuguese.
2. Clearly marked visible fire extinguisher(s).
3. A copy of the nuisance requirements set forth herein.
4. A copy of any and all conditions placed on the temporary use permit.
5. Instructions for the disposal of rubbish and recyclables in a manner consistent with City ordinances and regulations.
c. Advertisement of the rental. Any advertisement of a short-term rental within the city shall include:
1. A statement that the short-term rental has been approved by the city.
2. A recitation of any conditions placed on the temporary use permit.
3. A notice that no party or event may occur unless authorized by the property owner and expressly approved by the city by way of a one-day entertainment license pursuant to chapter 8, article I, section 8-6 of the East Providence Code of Ordinances.
d. Authorized information disclosure. Any party advertising a short-term rental, or any party who accepts a short-term rental temporary use permit, in doing so, agrees to provide the city with a full copy of all rental data and information including, but not limited to, nights rented and gross revenues generated, excluding only the personal information of any renter, within 48 hours of a request for such information by the city solicitor. A $500.00 per day fine may be imposed for each day any party fails to comply with this section.
e. Enforcement. the zoning officer shall have the power to impose conditions on any short-term rental temporary use permit with or without cause whenever the zoning officer deems those conditions to be reasonably necessary to maintain the residential character of abutting properties.
1. Advertisement of a residential short-term rental without a temporary use permit. The zoning officer may impose a $500.00 per day fine for each date of advertisement in violation of this section. Such fines may be recorded as liens against the subject property. The zoning officer may abate such fines if the property owner applies for a residential short-term rental temporary use permit within seven calendar days of any written notice provided by the city.
2. Citation by the East Providence Police Department. If the East Providence Police Department responds to a property and finds that the property is not being managed or maintained in a manner comparable and complimentary to the abutting properties, or otherwise has generated an unreasonable nuisance, any report to that effect shall be sufficient cause for the zoning officer to impose conditions on the short-term rental temporary use permit.
3. Violation of law or regulation. Any finding by any officer or agent of the city or any other governing authority with concurrent jurisdiction that the property is in violation of any standard regarding property maintenance or use of the property or is otherwise found to be used in an illegal manner shall be sufficient cause for the zoning officer to impose conditions on the short-term rental temporary use permit.
4. Pattern of improper use. The zoning officer may revoke a temporary use permit for a residential short-term rental if the record is indicative of a pattern of improper use. Examples of a pattern of improper use include multiple instances of cause sufficient for the imposition of conditions on the temporary use permit and/or violations of conditions imposed on a temporary use permit.
In lieu of revocation, the zoning officer shall impose a minimum fine of seven days of maximum potential revenue of the listing and may impose a maximum fine of up to, $500.00 for each day a violation of Chapter 19, Section 103 occurred at the property in question.
a. If a full year passes without any instance of a cause sufficient to impose conditions, any past instance of cause sufficient to impose conditions or violations of any such conditions shall be removed from the record.
b. Properties with a clean record may petition the Zoning Officer to remove any conditions on the temporary use permit.
f. Any decision of the zoning officer or any other city official regarding a temporary use permit is subject to appeal pursuant to chapter 19, article II, Administration, division 2, Board of Review.
(Ch. 765, § II, 5-5-20; Ch. 811, § I, 7-20-21)