ORDINANCE # ____________

AN AMENDMENT TO THE MAULDIN ZONING ORDINANCE TO AMEND AND ADD

DEFINITIONS (ARTICLE 3); TO ADD STANDARDS FOR SHORT TERM RENTAL -
HOMESTAYS AS A CONDITIONAL USE (ARTICLE 10) IN THE CITY’S SINGLE
FAMILY AND MULTIFAMILY ZONING DISTRICTS (ARTICLE 5); TO ADD
STANDARDS FOR SHORT TERM RENTALS AS A SPECIAL EXCEPTION (ARTICLE 7)
IN THE CITY’S SINGLE FAMILY AND MULTI-FAMILY ZONING DISTRICTS;, AND, TO
ADD CONDITIONAL USE STANDARDS FOR RESIDENTIAL RENTAL UNITS (ARTICLE
10)

WHEREAS,

Section 1. Amendment.Amend Article 3, Definitions by revising or adding the following

definitions:

Replace the definition of Boarding House: A resident occupied dwelling unit which provides
housing for compensation to more than four unrelated individuals; is enclosed within one
structure with only one kitchen, and other shared common areas such as a dining room, living
room or study area, and no dining facilities or kitchens in the lodgers’ room. In no case shall
tenant rooms be rented or leased for intervals of less than one month.

Replace the definition of Dwelling Unit: means one or more rooms physically arranged so as to
create an independent housekeeping establishment for occupancy by one family with separate
toilets, sleeping rooms, and a kitchen. A dwelling unit rented or leased for intervals of less than
one month is considered a “Lodging” use under this ordinance.

Replace the definition of Family: means one or more persons related by blood, adoption, or
marriage; or a group of not more than five unrelated persons; or a number of persons not
exceeding two, who are separate from, and in addition to, the persons related by blood, adoption,
or marriage. For the purposes of this ordinance, all members of a family shall live and cook
together as a single housekeeping unit in a single dwelling unit.

Add a definition for Guest Room: an individually secured sleeping room or a suite, with or
without sanitation facilities, but which does not include a kitchen.

Add a definition for Hostel. A facility for residence of under twenty-nine (29) days that
provides simple dormitory or sleeping rooms and common rooms for cooking, meeting,
recreational, and educational use; that is chartered or approved by the International Hostel
Federation or its national or regional affiliates, or similar organizations; and that is supervised by
resident house-parents or managers.

Add a definition of Hotel, large. A commercial lodging establishment under single management
with on-site supervisory personnel, containing 21 or more guest rooms offered to the general
1
public for transient lodging accommodations and which may contain ancillary facilities or
services such as restaurants, bars, coffee shops, exercise rooms, swimming pools , spas and
meeting rooms.

Add a definition for Hotel, small. A commercial lodging establishment under single
management with on-site supervisory personnel, containing 7-20 guest rooms offered to the
general public for transient lodging accommodations and which may contain ancillary facilities
or services such as restaurants, bars, coffee shops, exercise rooms, swimming pools , spas and
meeting rooms.

Add a definition for Improved Surfaces. Generally, improved surfaces include areas surfaced
with asphalt, concrete, bituminous or other alternative paving material, including grass pavers,
porous concrete, and other similar material, subject to approval by the City. Gravel and other
materials similar to gravel are not permitted unless specifically authorized in other section of the
ordinance.

Add a definition for Inn (6 to 24 rooms). A building or group of buildings used as a lodging
establishment having six to 24 guest rooms providing overnight accommodations and breakfast
to transient guests.

Add a definition for Occupant: the person(s) who have lawfully obtained the exclusive use and
possession of the Short term rental property or portion thereof from its operator, and the guest(s)
of such persons(s).

Add a definition for Operator: Any person who operates a Short term rental.

Add a definition for Owner occupied: a property owner, as reflected in title records, who makes
his or her legal residence at the site, as evidenced by voter registration, vehicle registration, or
similar means. An owner occupied dwelling owner uses the dwelling, or part thereof, as his or
her primary residence.

Add a definition for Property Manager. A person, firm, or corporation other than the property
owner located within a fifty (50) mile radius of the City of Mauldin that is responsible for the
care and maintenance of a building.

Add a definition for Resident. The term “Resident” shall mean the record owner of the property
who (1) physically resides at the subject property at least 183 days each year and (2) has
designated the subject property as his/her legal voting address and the address of his/her driver’s
license. In addition, the subject property must be assessed at the four percent homeowner’s
assessment ratio according to the records of the county Assessor’s Office. A single or dual
member limited liability company (LLC) may qualify as a Resident of the subject property
provided the member(s) provide(s) with the application for a Short term rental- Homestay permit

2
a sworn statement attesting that (s) he or they are the sole members of the LLC and have the
authority to bind the LLC to all forms submitted to the Zoning Administrator or designee. The
sole member(s) must also designate the subject property as his/their legal voting address and
address of his/their driver’s license, the subject property must be assessed at the four percent
homeowner’s assessment ratio according to the records of the county Assessor’s Office, and the
member(s) shall physically reside at the subject property at least 183 days each year. Also, if the
Property is in the name of a Trust, the Trustee(s) must issue a sworn statement attesting that s(he)
are the then-serving Trustee(s) of the Trust and have the authority to bind the Trust to all forms
submitted to the Zoning Administrator or designee. The Trustee must also designate the subject
property as his/their legal voting address and address of his/their driver’s license, the subject
property must be assessed at the four percent homeowner’s assessment ratio according to the
records of the county Assessor’s Office, and the member(s) shall physically reside at the subject
property at least 183 days each year.

Add a definition for Residential Rental Unit. That portion of a dwelling for which payment or
other consideration, including performance of general maintenance, payment of utilities or other
fees, or similar in-kind services, is being made to an owner, agent, or manager for the use and
occupancy of that portion as a living facility. For purposes of this ordinance, the term rental unit
is limited to single family dwellings, and two-family dwelling. Each unit of a duplex is
considered a separate unit. Whenever the words rental unit are stated in this Code, they shall be
construed as though they were followed by the words “or any part thereof”. Exceptions shall
include the following:
a) Dwellings occupied for residency for over 120 days by employees of that organization
which are owned by a firm, corporation, religious organization or another incorporated
organization or;
b) Dwellings occupied by individuals who are under a written contract to purchase the
residence after the contract has been reviewed for validity of purchase by the City Attorney
and the Zoning and Codes Administrator.

Add a definition for Short term rental. A Short term rental is a Special Exception use whereby
a conforming single family detached dwelling unit is converted by the record owner of property
into a fully-functioning, private lodging accommodations use, which includes cooking, living,
sanitary and sleeping facilities within one dwelling unit, and is rented or leased to one (1) Family
for a period of not less than seven (7) consecutive days two (2) consecutive days and no longer
than one (1) month. Distinguishing characteristics of a Short term rental are: 1) it has all the
attributes of a typical dwelling unit including cooking, living, sanitary and sleeping facilities, 2)
is occupied by not more than four (4) unrelated people pursuant to the definition for family and
3) Short term rental uses typically advertise through an online platform, or media, for transient
occupancy, accommodations or lodging of guests paying a fee or other compensation. A Short
term rental shall only be permitted as a conditional use when the Short term rental is located in a
non-residential zoning district.

3
Add a definition for Short term rental – Homestay. A conditional use whereby the record
owner of a property, who is also a full-time Resident of the property, uses one (1) or more rooms
on the property for the purpose of providing lodging and sleeping accommodations for no more
than four (4) persons total for a period of not less than two (2) days but not exceeding one month.
Renters shall be a minimum of 18 years of age. A Short term rental - Homestay shall only be
permitted in compliance with the procedures and conditions outlined in Section 10.14,
Conditional Use standards for Short term rental – Homestay standards in all single family
residential and multi-family districts. A Short term rental - Homestay is considered a “Lodging”
use under this ordinance.

Add a definition for Sleeping Area: A room within a dwelling designed or used for sleeping,
including a bedroom. Tents, hammocks, recreational vehicles and or/other vehicles and outdoor
areas shall not be considered a sleeping area.

Section 2. Amendment. Amend Article 10, Conditional Uses, by adding a new section 10:14
Short term rental – Homestay.

Sec. 10:14 Short term rental – Homestay standards in all single family residential and
multi-family districts

A. Residency. Short term rental - Homestays shall only be permitted in a conforming

single-family detached dwelling unit where the owner resides on premise. Approval of
the Short term rental - Homestay use shall run with the ownership of the property, and
shall not be transferable to another owner.

B. Home Occupation. Short term rental - Homestays shall not be operated concurrently
with a Home Occupation use.

C. Restrictive Covenant. Short term rental - Homestays proposed on property subject to

restrictive covenants, shall provide a written statement from the Homeowner’s
Association (HOA) verifying that Short term rental - Homestays are permitted in that
development. If the property is subject to restrictive covenants, and no HOA is in
existence, the Zoning Administrator and City Attorney shall determine, in their
discretion, if the restrictive covenants permit a Short term rental – Homestay.

D. Rental Limitations. Only one rental party may rent or lease a Short term rental-
Homestay at any given time; and the length of stay for guests shall not exceed one
month.

E. Occupancy. The maximum occupancy of a Short term rental - Homestay shall be two
persons per bedroom; not to exceed a total of four (4) persons (renters) total during any
given rental period.

F. Operation. The Short term rental - Homestay operation shall be located on an owner-
occupied parcel and shall be managed under the following standards: 1) the owner
shall be a full-time resident of the property; and shall be present for and during the
4
 entire rental period. The owner must reside on the property on a permanent basis, and
it must be the owner’s primary home. For purposes of this Short term rental - Homestay
ordinance, the owner can only have one primary, full time residence, and the Short term
rental - Homestay must be operated from that primary, full time residence. In order to
be "present during the Short term rental - Homestay term," the owner shall be at the
property overnight and not away on vacation, visiting friends or family, travelling out
of town for business or personal reasons, etc. during the Short term rental - Homestay
term. However, the owner may be temporarily absent from the property for purposes
related to normal residential activities such as shopping, working, attending class, etc.
A minimum of two documents establishing proof of residency shall be provided during
the registration process.

G. Off street parking. Parking shall be provided on the same lot on which the Short term
rental - Homestay is located. In addition to the parking required for a single family
dwelling, a minimum of one (1) off-street maneuverable parking space shall be
provided per bedroom rented. On-site parking shall be clearly delineated with an
improved surface as approved by the Zoning Administrator or designee. When more
than three (3) parking spaces are required, such parking shall be located to the side or
rear of the dwelling and screened from view from adjacent properties in accordance
with Section 6:2.9 D, Additional Screening Requirements. On-street parking shall not
be used to satisfy the parking requirements for this use.

H. Guest Register. The resident owner shall keep a current guest register including names,
addresses, telephone numbers and dates of occupancy of all guests.

I. Listings. The resident owner and the owner’s agent shall list the Short term rental -
Homestay Permit number on all advertisements, listings with booking services, and
marketing materials, including without limitation, Airbnb, VRBO/Homeaway, FlipKey,
and any other online websites and listing or booking platforms or services.

J. Expansion. The Short term rental - Homestay shall not be expanded in any respect
beyond the specific rooms which were designated as part of a Short term rental -
Homestay unit provided on plans that the City relied upon in approving a Short term
rental - Homestay Permit. Additionally, the maximum number of guests listed on the
Short term rental - Homestay Permit shall not be expanded; nor shall the use be
changed to any other use not permitted by the Zoning Ordinance without reapplication
to the City and approval by the Zoning Administrator or designee.

K. Rental Agreement. The applicant shall to the City a provide a copy of the rental
agreement that will be used. The rental agreement shall specify the following:

(1) The minimum stay (2 night minimum is required by the ordinance).

(2) The maximum number of guests, which shall be based on the number of beds in
the unit (Shall not exceed four (4) persons).

5
 (3) The maximum number of vehicles permitted at the unit which shall be based on
the number of bedrooms and the design of the driveway
(4) Location as to where guests are to park. The agreement shall specify that guests
are to park on-site and not on the street.
(5) That the City’s noise ordinance applies between 9:00 PM and 8:00 AM.
(6) That large gatherings such as weddings and reunions are prohibited.
(7) That pets, if permitted, are not to be left outside unattended.

L. Property Management Plan. A property management plan shall be submitted and

approved by the Zoning Administrator or designee. The property owner who lives on the
premises shall provide a back-up property manager. The Zoning Administrator shall be
notified when management of the unit changes. Failure to comply with the approved
property management plan shall result in the revocation of the permit, registration and
license.

M. Rental Packet. The property owner shall provide to the City and their renter, a rental
packet containing applicable city ordinances and restrictions specified in the Short term
rental - Homestay permit application, as well as: use of the sanitation and recycling roll-
carts, and emergency contact information including the police non-emergency number,
and pertinent unit safety information when they book the Short term rental - Homestay.
The Short term rental - Homestay occupancy permit and emergency contact information
shall be prominently displayed in a conspicuous location in the unit.

N. Conduct on Premises. The owner of the Short term rental - Homestay shall be
responsible for informing their occupants of all relevant city codes and occupants liability
for violations of same. Excessive noise or other disturbance outside the Short term rental
- Homestay is strictly prohibited; including noise from decks, porches, balconies, patios,
hot tubs, pools or saunas. There shall be no overnight sleeping outdoors or outdoor
sleeping spaces for rent.

A. Life Safety Inspection. A Life Safety Inspection shall be conducted before the Short term
rental- Homestay occupancy certificate, and Business License for the facility is issued.
As part of the annual business license renewal process. The Short term rental- Homestay
unit shall be inspected annually to ensure continued life safety measurements are in place.

O. Registration, Licensing and Permitting. All proposed Short term rental - Homestay uses
shall register in accordance with the permit procedures outlined in Section 10:14.V of this
Ordinance. The facility shall comply with all applicable building codes, business license,
revenue and tax collection (occupancy and sales tax), and health laws of the City of
Mauldin and the State of South Carolina. A business license is required annually in
addition to an annual life safety inspection.

6
P. Signage and Proof of Registration. No dwelling used as a Short term rental - Homestay
may display a sign advertising that rental. However, during a rental period of more than
seven (7) consecutive days, proof of registration must be made readily available for
review by City or public safety officials. displayed in a location visible from the street on
a city provided sign. There shall be no displays of goods, products, services, or other
advertising visible from outside of the dwelling.

Q. Liability Insurance. The resident owner of the Short term rental - Homestay property
must keep in full force and effect during all times the Short term rental - Homestay is
operated a General Liability insurance policy with a company authorized to do business
in the State of South Carolina insuring against personal injury (including death) and
property damage with limits of no less than $1,000,000.00 per occurrence. The policy
shall cover the Short term rental - Homestay use and registered guests. A copy of said
policy shall be provided to the City during the registration process and annual renewal
period.

R. No activities other than lodging shall be permitted for a Short term rental - Homestay.

S. Exterior lighting shall be residential in nature and shall comply with the City’s lighting
requirements.

T. Unlicensed Units. For units that are found to be operating without approval of the City,
the Short term rental - Homestay application fee shall be $500.00. If the property owner
chooses not to submit a Short term rental - Homestay application within 60 days of
being notified by the City of being in violation of the ordinance, a Short term rental -
Homestay application shall not be approved for a period of two (2) years from the date
of the notice of violation.

U. Application and annual registration process. Property owners must register Short term
rental – Homestay units with the City of Mauldin’s Business and Development Services
office prior to renting any part of a Short term rental – Homestay. Before the registration
application will be considered, it must be signed by all of the title owners of record. The
property owner must fully complete and sign the application form provided by the City
and pay the application fee.

(1) All registration applications must provide the following information:

a) the location and name of the record owner of the property;

b) an application fee;
c) floor plans drawn to scale of the habitable structures on the property that
clearly designate all rooms to be used by the Short term rental - Homestay
and the specific room or rooms to be used by guests for sleeping;
d) a site plan of the lot showing the location of the proposed Short term rental –
Homestay unit and the required off-street parking spaces and driveways;
7
 e) photographs of the current principal view (front, sides and rear) of the
structure where the Short term rental – Homestay is to be located; and,
f) a statement which the Resident-owner must sign acknowledging that he or she
has reviewed and understands the requirements of this Section and the
applicable Section for issuance of a zoning permit.

(2) Notification Requirements.

a) Short term rental - Homestay. Upon receiving a complete application and
prior to the issuance of a new Short term rental – Homestay, the Zoning
Administrator or designee shall post the application on the City’s website for
fifteen (15) consecutive days, advising that the Resident-owner of the property
has applied for a zoning permit to establish a Short term rental - Homestay
use. The location of the Short term rental - Homestay, and office contact
number shall be available for interested parties to call for further information.
During this fifteen (15) calendar day period, the Zoning Administrator or
designee shall determine if the application meets the requirements as set forth
in this Section. If, at the end of the fifteen (15) day posting period, the Zoning
Administrator or designee determines that the application meets the
requirements for the Short term rental- Homestay use requirements, the
Zoning Administrator or designee shall notify the applicant of the requirement
to schedule a Life Safety inspection as outlined in section (4) below.

(3) Short term rental - Homestays, Life Safety Inspection. For purposes of this article,
the following standards apply to Short term rental - Homestays and must be met prior
to being issued a permit and registration:
a) 9-1-1 numbers - Minimum three inches tall and readily visible and legible
from the street.
b) Trash cans and storage of solid waste - One roll cart and recycling bin with a
designated storage location for the roll cart behind the front building line.
c) Environmental - Property exteriors shall comply with the International
Property Maintenance Code.
d) Doors and windows - Individual dwelling units must have access directly to
the outside or to a common corridor. Sleeping rooms must have at least one
operational window.
e) Stairs, rails, porches, decks - A graspable handrail is required for four or more
stairs whether indoors or out. Guardrails are required on decks over 30 inches
above grade, must be a minimum of 36 inches in height and not have any
openings between pickets or rails that exceeds four inches. Porches and decks
shall not have apparent structural damage or broken or missing rails or steps.

8
 No exposed risers are allowed on stairs over 30 inches in height whether
indoors or out.
f) Swimming pools/spas - Swimming pools and spas shall be enclosed and
include a self-closing and self-latching gate of 48 inches minimum height.
g) Electrical service and electrical hazards - Electrical service shall be provided
through the public service provider. All bathrooms, exterior outlets, non-
dedicated kitchen outlets within six feet of kitchen sink shall be ground-fault
protected. Missing or cracked plates on switches or outlets shall be repaired.
h) Ceilings - Habitable spaces and hallways must have a clear ceiling height of
not less than seven feet. Ceilings shall not have any apparent visual defects,
evidence of mold or mildew, or holes with exposed wiring or insulation.
i) Walls - Walls shall not have any apparent visual defects, evidence of mold or
mildew, or holes with exposed wiring or insulation.
j) Floors - Floors shall not have any apparent visual defects, evidence of mold or
mildew, or soft spots.
k) Sink - In kitchen with hot and cold running water. Hot water to be at least 85
degrees and not to exceed 120 degrees.
l) Stove or range - Stoves and ranges shall be free of apparent hazards.
Combustible material must be at least 30 inches above the heat source. Anti-
tip device must be installed for freestanding units.
m) Toilet - Flushing and leak free in a room affording privacy.
n) Wash basin - Operational and leak free equipped with hot and cold running
water. Hot water to be at least 85 degrees and not to exceed 120 degrees.
o) Tub or shower - Must be operational and equipped with hot and cold running
water in a room affording privacy. Hot water to be at least 85 degrees and not
to exceed 120 degrees.
p) Ventilation in bathroom - Bathrooms must have a window or mechanical
ventilation and not have an evidence of mold or mildew.
q) Smoke detectors - Every bedroom and adjoining hallway as well as the
common area shall be equipped with an operational, approved listed smoke
detector. In units containing more than one story, detectors are required on
each story.
r) Fire extinguisher - Minimum five pound ABC fire extinguisher that is fully
charged and not past expiration date.
s) Carbon Monoxide (CO2) Detector – CO2 detectors shall be properly installed
and operational in all unit that have attached garage and /or gas appliances.

9
 t) Evacuation plan - Each room used for sleeping shall have an evacuation plan
posted on the door.
u) Heating equipment - Operational heating facilities capable of maintaining a
room temperature of 70 degrees.
v) Evidence of infestation - Premises shall appear free of rats, mice, roaches or
other vermin.
w) Interior stairs and common halls - Stairs and halls shall not have apparent
damage or missing rails or steps. No exposed risers are allowed on stairs over
30 inches in height whether indoors or out.
(4) Issuance of permit, registration and Business License. Upon approval of the
registration application and zoning permit, approval of the Short term rental-
Homestay inspection, and payment of a Business License and any other applicable
tax, a certificate of occupancy and registration certificate shall be issued.

(5) Annual Renewal Application and Inspection.

a) For renewal of a Short term rental - Homestay permit, the property owner
shall be required to recertify compliance with this Short Term Rental –
Homestay regulations with the Zoning Administrator or designee. An
application for annual recertification of the Short Term Rental -Homestay
permit must include the application fee, an annual compliance inspection, and
affirmation by the applicant that the nature of the Short Term Rental -
Homestay use at the property has not changed. Recertification applications
must be submitted at least thirty (30) calendar days prior to expiration of the
permit to ensure a timely review.

b) On an annual basis the Zoning Administrator or designee shall determine

whether each Short term rental- Homestay use permitted under this Section
remains in compliance with all the terms of this ordinance, and shall initiate
such enforcement procedures as may be appropriate. All operators of Short
term rental - Homestay uses permitted under this Section shall cooperate fully
with the, including, but not limited to, providing pertinent information upon
request and affording access to that portion of the property which is used for
the Short term rental - Homestay use for reasonable site inspections.

c) Compliance inspections. Annual compliance inspections will be conducted

from January 1 to March 14th each year. Property owners must arrange with
the city an on-site inspection of the Short term rental - Homestay property
prior to the continuing the use. Properties that do not pass inspection may not
be used for a Short term rental-Homestay until successfully completing

10
 inspection. Properties that do not pass inspection must correct all defects
noted on the inspection report and schedule a re- inspection of the property.
d) Accommodations, sales, and income taxes. There are federal, state and/or city
regulation for collection of sales, accommodations, and income taxes.
Owners, operators, lessors, occupiers, and/or tenants of dwellings used for
Short term rentals- Homestay are solely responsible for payment of all
applicable taxes.
(6) Violations, Enforcement and Penalties.
a) Violations. It shall be a violation of this Chapter for an owner, his agent or
manager to:
1. Provide false information about a single family detached dwelling unit, or
Short term rental - Homestay use; or
2. Operate a Short term rental - Homestay without complying with the
requirements of this Chapter and the Code of the City of Mauldin; or
3. Expand a Short term rental - Homestay without obtaining a new permit; or
4. Advertise a property as being available for a Short term rental - Homestay use
without first complying with the requirements of this Chapter; or
5. Represent or submit for advertising or marketing, or to otherwise hold out a
Short term rental - Homestay as being available for use or occupancy unless
the Short term rental - Homestay has been permitted pursuant to this Chapter
and the permit number is displayed in said advertising or marketing materials;
or,
6. Failure to display a City Short term rental – Homestay sign with a current
registration decal during any rental period; or,
7. Falsifying or altering a registration sign or decal (for example, using a sign
and/or decal issued for one Short term rental - Homestay at another location or
altering the date on the decal); or,
8. Violation of any part of this ordinance; or,
9. Violation of any applicable ordinance or laws by owners, operators, lessors,
agents, occupants, tenants, or guests of the Short term rental - Homestays
(examples include, but are not limited to, violations of ordinances and laws
concerning excessive noise, disorderly conduct, littering, underage drinking,
drug offenses, public drunkenness, traffic and parking , and all other criminal
and nuisance offenses).

b) Penalties. Any personal failing to comply with a notice of violation of this

Chapter after being provided Notice according to Section 4:1.1.4, Enforcement,
shall be deemed guilty of a misdemeanor punishable by a fine and/or
incarceration in accordance with Section 12:3. Each day the unlawful erection,
construction, reconstruction, alteration, conversion, maintenance, use, or other
violation under this Chapter continues is considered a separate offense. If the

11
 notice of violation is not complied with, the Zoning Administrator or designee
may institute the appropriate proceeding, at law or in equity, to restrain, correct,
or abate such violation, or to require the removal or termination of the unlawful
occupancy of the structure in in violation of the provisions of this Section.

Should the Short term rental - Homestay use fail to continue to meet the
requirements under which it was authorized or be discontinued for a period of six
(6) months or more twelve (12) months or more, the operating permit issued
pursuant to this Chapter shall be revoked.

Section 3. Amendment. Amend Article 7, by adding a new section in Article 7, Special

Exceptions, Section 15, Short term rentals (STR) in single family and multifamily residential
districts as follows:

Sec. 7:15 Short term rentals in all Single family and Multifamily Residential Districts.

7:15.1 Standard conditions for approval. The Board of Zoning Appeals must find that a request
for a Special Exception permit for a Short term rental in a residential district meets each of the
five (5) following conditions, and also complies with the additional standards outlined in Section

7:15.2. Special Conditions, below.

A. The special exception will not materially endanger the public health or safety.
B. The special exception will not create a public nuisance.
C. The neighboring property will not be substantially injured by such proposed use.
D. The use will not violate neighborhood character nor adversely affect surrounding land
uses.
E. The applicant or owner for the special exception does not have any previously revoked
Short term rental licenses, confirmed citations, or adjudicated offenses convictions for
violation of the City Code within two (2) years prior to the date of the application.

7:15.2 Special Conditions, Short term rentals

B. Residency. A Short term rental where the property owner does not physically reside on
premise is only permitted if the owner of record is the applicant, and is a full time
Resident of South Carolina with a permanent primary residence located within a 50 miles
radius of the City of Mauldin.

C. Ownership. A Short term rental shall only be permitted in a conforming single-family

detached dwelling unit. Approval of the Short term rental use shall run with the
ownership of the property, and shall not be transferable to another owner. If ownership
of a registered Short term rental changes, the new owner(s) must complete a new

12
 registration form before renting out the Short term rental and must pay the annual fee
and undergo a safety inspection.

D. Restrictive Covenants. Short term rentals proposed on property subject to restrictive

covenants, shall provide a written statement from the Homeowner’s Association (HOA)
verifying that Short term rentals are permitted in that development. If the property is
subject to restrictive covenants, and no HOA is in existence, the Zoning Administrator
and City Attorney shall determine, in their discretion, if the restrictive covenants allow
for a Short term rental.

E. Separation Requirements. Short term rentals shall be separated a minimum of 1,000 feet
from another Short term rental. In calculating the distance between such establishments,
measurements shall be taken from the property boundary lines of the lot of the existing
Short term rental to the closest property line of the lot of the proposed Short term
rental.

F. Rental period. The Short term rental shall only be rented or leased in its entirety as a
single family dwelling unit, and to one (1) Family for a period of not less than seven (7)
consecutive days two (2) consecutive days and no longer than one month. Rental of
individual bedrooms or sleeping areas shall not be permitted for a Short term rental use.

G. Occupancy. Two persons per bedroom, plus two additional persons, but in no case
shall rental occupancy exceed ten (10) persons total.

H. Off street parking. Parking shall be provided on the same lot on which the Short term
rental is located. In addition to the parking required for a single family dwelling, a
minimum of one (1) off-street maneuverable parking space shall be provided per
bedroom occupied. On-site parking shall be clearly delineated with an improved surface
approved by the Zoning Administrator or designee. When more than three (3) parking
spaces are required, such parking shall be located to the side or rear of the dwelling and
screened from view from adjacent properties in accordance with Section 6:2.9 D,
Additional Screening Requirements. On-street parking shall not be used to satisfy the
parking requirements for this use.

I. Guest Register. The resident owner shall keep a current guest register including names,
addresses, telephone numbers and dates of occupancy of all guests.

J. Listings. The resident owner and the owner’s agent shall list the Short term rental
permit number on all advertisements, listings with booking services, and marketing
materials, including without limitation, Airbnb, VRBO/Homeaway, FlipKey, and any
other online websites and listing or booking platforms or services.

K. Property Management Plan. A property management plan shall be developed and

approved by the Zoning Administrator or designee. The property management plan
shall identify a property manager. The property manager must be available to appear on
the premises to respond a complaint within one (1) hour of being notified by the Zoning
13
 Administrator or designee and/or other City official. The Zoning Administrator shall be
notified when management of the unit changes. Failure to comply with the approved
property management plan shall result in the revocation of the permit, registration and
license.

L. Rental Packet. The property owner shall provide to the City and their renter(s) a rental
packet containing applicable city ordinances and restrictions specified in the Short term
rental permit application, as well as: use of the sanitation and recycling roll-carts, and
emergency contact information including the police non-emergency number, and
pertinent unit safety information when they book the Short term rental. The Short term
rental occupancy permit and emergency contact information shall be prominently
displayed in a conspicuous location in the unit.

M. Conduct on Premises. Short term rental owners shall be responsible for informing their
occupants of all relevant city codes and occupants liability for violations of same.
Excessive noise or other disturbance outside the Short term rental is strictly prohibited;
including noise from decks, porches, balconies, patios, hot tubs, pools or saunas. There
shall be no overnight sleeping outdoors or outdoor sleeping spaces for rent.

N. Life Safety Inspection. A Life Safety Inspection shall be conducted before the Short term
rental occupancy certificate, and Business License for the facility is issued. As part of
the annual business license renewal process. The Short term rental unit shall be inspected
annually to ensure continued life safety measurements are in place.

O. Registration, Licensing and Permitting. The facility shall comply with all applicable
building codes, business license, revenue and tax collection (occupancy and sales tax),
and health laws of the City of Mauldin and the State of South Carolina. A business
license is required annually in addition to an annual life safety inspection.

P. Signage and Proof of Registration. No dwelling used as a Short term rental may display a
sign advertising that rental. However, during all rental periods proof of registration must
be made readily available for review by City or public safety officials. displayed in a
location visible from the street on a city provided sign. There shall be no displays of
goods, products, services, or other advertising visible from outside of the dwelling.

Q. Liability Insurance. The resident owner of the Short term rental property must keep in
full force and effect during all times the Short term rental is operated a General
Liability insurance policy with a company authorized to do business in the State of
South Carolina insuring against personal injury (including death) and property damage
with limits of no less than $1,000,000.00 per occurrence. The policy shall cover the
Short term rental use and guests.

R. No activities other than lodging shall be permitted for a Short term rental.

14
S. Exterior lighting shall be residential in nature and shall comply with the City’s lighting
requirements.
T. Short term rental requirements.

(1) Registration application. Property owners must register dwellings with the City of
Mauldin Business and Development Services office prior to renting out a Short term
rental dwelling unit. Before the registration application will be considered, it must be
signed by all of the title owners of record; the property must fully complete and sign
the application form provided by the City and pay the annual fee.

(2) All registration applications must provide the following information:

a) the location and name of the record owner of the property;
b) an application fee;
c) floor plans drawn to scale of the habitable structures on the property that
clearly designate all rooms to be used by Short term rental guests, and the
specific room or rooms to be used by guests for sleeping;
d) a site plan of the lot showing the location of the Short term rental unit and the
required off-street parking spaces and driveways;
e) photographs of the current principal view (front, sides, rear) of the structure
where the Short term rental unit is to be located; and,
f) a statement which the owner must sign acknowledging that he or she has
reviewed and understands the requirements of this Section and the issuance of
a zoning permit.

(3) Short term rental as a Special Exception. Application for a Short term rental that
requires a Special Exception permit from the Board of Zoning appeals shall be
subject to the procedures outlined in Section 4:1.2, Building and Zoning Board of
appeals and the Special Exception requirements outlined in Section 7:15, Short term
rentals. Upon approval of a Special Exception permit from the Board of Zoning
Appeals, the Zoning Administrator or designee shall notify the applicant of the
requirement to schedule a Short term rental Life Safety inspection as outlined in
Section (4) below.

(4) Short term rental, Life Safety Inspection. For purposes of this article, the following
standards apply to Short term rentals and must be met prior to being issued a
certificate of occupancy and registration decal:
a) 9-1-1 numbers - Minimum three inches tall and readily visible and legible
from the street.
b) Trash cans and storage of solid waste - One roll cart and recycling bin with a
designated storage location for the roll cart behind the front building line.
c) Environmental - Property exteriors shall comply with the International
Property Maintenance Code.
15
d) Doors and windows - Individual dwelling units must have access directly to
the outside or to a common corridor. Sleeping rooms must have at least one
operational window.
e) Stairs, rails, porches, decks - A graspable handrail is required for four or more
stairs whether indoors or out. Guardrails are required on decks over 30 inches
above grade, must be a minimum of 36 inches in height and not have any
openings between pickets or rails that exceeds four inches. Porches and decks
shall not have apparent structural damage or broken or missing rails or steps.
No exposed risers are allowed on stairs over 30 inches in height whether
indoors or out.
f) Swimming pools/spas - Swimming pools and spas shall be enclosed and
include a self-closing and self-latching gate of 48 inches minimum height.
g) Electrical service and electrical hazards - Electrical service shall be provided
through the public service provider. All bathrooms, exterior outlets, non-
dedicated kitchen outlets within six feet of kitchen sink shall be ground-fault
protected. Missing or cracked plates on switches or outlets shall be repaired.
h) Ceilings - Habitable spaces and hallways must have a clear ceiling height of
not less than seven feet. Ceilings shall not have any apparent visual defects,
evidence of mold or mildew, or holes with exposed wiring or insulation.
i) Walls - Walls shall not have any apparent visual defects, evidence of mold or
mildew, or holes with exposed wiring or insulation.
j) Floors - Floors shall not have any apparent visual defects, evidence of mold or
mildew, or soft spots.
k) Sink - In kitchen with hot and cold running water. Hot water to be at least 85
degrees and not to exceed 120 degrees.
l) Stove or range - Stoves and ranges shall be free of apparent hazards.
Combustible material must be at least 30 inches above the heat source. Anti-
tip device must be installed for freestanding units.
m) Toilet - Flushing and leak free in a room affording privacy.
n) Wash basin - Operational and leak free equipped with hot and cold running
water. Hot water to be at least 85 degrees and not to exceed 120 degrees.
o) Tub or shower - Must be operational and equipped with hot and cold running
water in a room affording privacy. Hot water to be at least 85 degrees and not
to exceed 120 degrees.
p) Ventilation in bathroom - Bathrooms must have a window or mechanical
ventilation and not have an evidence of mold or mildew.

16
 q) Smoke detectors - Every bedroom and adjoining hallway as well as the
common area shall be equipped with an operational, approved listed smoke
detector. In units containing more than one story, detectors are required on
each story.
r) Fire extinguisher - Minimum five pound ABC fire extinguisher that is fully
charged and not past expiration date.
s) Carbon Monoxide (CO2) Detector – CO2 detectors shall be properly installed
and operational in all unit units that have attached garage and /or gas
appliances.
t) Evacuation plan - Each room used for sleeping shall have an evacuation plan
posted on the door.
u) Heating equipment - Operational heating facilities capable of maintaining a
room temperature of 70 degrees.
v) Evidence of infestation - Premises shall appear free of rats, mice, roaches or
other vermin.
w) Interior stairs and common halls - Stairs and halls shall not have apparent
damage or missing rails or steps. No exposed risers are allowed on stairs over
30 inches in height whether indoors or out.
(5) Issuance of permit, registration and Business License. Upon approval of the Special
Exception permit from the Board of Appeals, approval of the Short term rental
Inspection, and payment of a Business License and any other applicable tax, a
certificate of occupancy and registration certificate shall be issued.

(6) Annual Renewal Applications and Inspections.

a) For renewal of a Short term rental permit, a property owner shall be required
to recertify compliance with the Short term rental regulations with the Zoning
Administrator or designee. An application for annual recertification of the
Short term rental permit must include the application fee, an annual
compliance inspection, and affirmation by the applicant that the nature of the
Short term rental use at the property has not changed. Recertification
applications must be submitted at least 30 days prior to expiration of the
permit to ensure a timely review.

b) On an annual basis the Zoning Administrator or designee shall determine

whether each Short term rental use permitted under this Section remains in
compliance with all the terms of this ordinance, and shall initiate such
enforcement procedures as may be appropriate. All operators of Short term
rental uses permitted under this Section shall cooperate fully with the Zoning
Administrator or designee, including, but not limited to, providing pertinent
17
 information upon request and affording access to that portion of the property
which is used for the Short term rental use for reasonable site inspections.

c) Compliance inspections. Annual compliance inspections will be conducted

from January 1 to March 14 each year. Property owners must arrange for an
on-site inspection with the city prior to continuing the use of a dwelling for
Short term rental purposes. Properties that do not pass inspection may not be
used until successfully completing inspection. Properties that do not pass
inspection must correct all defects noted on the inspection report and schedule
a re-inspection of the property.
d) Accommodations, sales, and income taxes. There are federal, state and/or city
regulations for collection of sales, accommodations, and income taxes.
Owners, operators, lessors, occupiers, and/or tenants of dwellings used for
Short term rentals are solely responsible for payment of all applicable taxes. .
(7) Violations, Enforcement and Penalties.
a) Violations. It shall be a violation of this Chapter for an owner, his agent or
manager to:
1. Provide false information about a single family detached dwelling unit or
Short term rental; or
2. Operate a Short term rental without complying with the requirements of this
Chapter and the Code of the City of Mauldin; or
3. Expand a Short term rental without obtaining a new permit; or
4. Advertise a property as being available for Short term without first complying
with the requirements of this Chapter; or
5. Represent or submit for advertising or marketing, or to otherwise hold out a
Short term rental unit as being available for use or occupancy unless the Short
term rental has been permitted pursuant to this Chapter and the permit number
is displayed in said advertising or marketing materials; or,
6. Failure to display the City’s Short term rental decal with a current registration
decal during any short term rental period; or,
7. Falsifying or altering a registration decal (for example, using a sign and/or
decal issued for one Short term rental at another location or altering the date
on the decal; or,
8. Violation of any part of this ordinance; or,
9. Violation of any applicable ordinance or laws by owners, operators, lessors,
agents, occupants, tenants, or guests of Short term rental (examples include,
but are not limited to, violations of ordinances and laws concerning excessive
noise, disorderly conduct, littering, underage drinking, drug offenses, public
drunkenness, traffic and parking , and all other criminal and nuisance
offenses).

18
 b) Penalties. Any personal failing to comply with a notice of violation of this
Chapter after being provided Notice according to Section 4:1.1.4, Enforcement,
shall be deemed guilty of a misdemeanor punishable by a fine and/or
incarceration in accordance with Section 12:3. Each day the unlawful erection,
construction, reconstruction, alteration, conversion, maintenance, use, or other
violation under this Chapter continues is considered a separate offense. If the
notice of violation is not complied with, the Zoning Administrator may institute
the appropriate proceeding, at law or in equity, to restrain, correct, or abate such
violation, or to require the removal or termination of the unlawful occupancy of
the structure in in violation of the provisions of this Section.

Should the Short term rental use fail to continue to meet the requirements under
which it was authorized or be discontinued for a period of six (6) months or more
twelve (12) months or more, the operating permit issued pursuant to this Chapter
shall be revoked.

U. Unlicensed Units. For units that are found to be operating without approval of the City,
the Short term rental application fee shall be $1,000. If the property owner chooses not
to submit a Short term rental application within sixty (60) days of being notified by the
City of being in violation of the ordinance, a Short term rental application shall not be
approved for a period of two (2) years from the date of the notice of the violation.

Section 4. Amendment. Amend Article 10, Conditional Uses, by adding a new section 15,
Residential Rental Housing Regulations.

Sec. 10:15 Residential Rental Housing Requirements. Permit and registration required in
all zoning districts.

A. No owner, whether a person, firm or corporation, shall operate any residential rental unit
unless that owner holds a current rental permit and business license issued by the City of
Mauldin for the residential rental unit named therein.

B. Application. Applications to operate residential rental units and for renewal thereof shall
be on a form provided by the City of Mauldin. Such form shall set forth the owner’s
name, address, and telephone number, email address, the residential rental unit address,
the name of the person, firm, or corporation located within a fifty (50) mile radius of the
City of Mauldin responsible for the care and maintenance of the building and additional
information as outlined on the application for rental housing. It is the sole responsibility
of the Property Owner to maintain current contact information.

C. Property Management Plan. A property management plan shall be submitted and

approved by the Zoning Administrator or designee. The property management plan
19
 shall identify a property manager and plan for upkeep of the structure and property
grounds. The administrator shall be notified when management of the unit changes.
Failure to comply with the approved property management plan shall result in the
revocation of the permit, and business license.

D. Conduct on Premises. Residential rental owners shall be responsible for informing their
occupants of all relevant city codes and occupants liability for violations of same.

E. Life Safety Inspection. An initial Life Safety Inspection shall be conducted before the
occupancy certificate, and Business License for the facility is issued. The residential
rental will require the annual renewal of a business license and also certify compliance
with the Property management plan on file.

F. Registration, Licensing and Permitting. The facility shall comply with all applicable
building codes, business license, revenue and tax collection, and health laws of the City
of Mauldin and the state of South Carolina.

G. Unlicensed Units. For units that are found to be operating without approval of the City,
the residential rental application fee shall be $350. If the property owner chooses not to
submit a residential rental application within sixty (60) days of being notified by the
City of being in violation of the ordinance, the rental application shall not be approved
for a period of two (2) years from the date of the notice of the violation.

H. Registration and application . Property owners must register residential rental units with
the City of Mauldin Business and Development Services office prior to rent or leasing a
single family dwelling unit. All of the legal owners of a dwelling unit must complete and
sign a form provided by the City for that purpose and pay an annual fee.

(1) All registration applications must provide the following information:

a) Provide the location and name of the record owner of the property

b) Pay an application fee

c) Provide a statement, which the owner must sign acknowledging that he or she has
reviewed and understands the requirements of this Section.

(2) Life Safety Inspection. Prior to issuance of a rental permit and business license, a life
safety inspection is required:

a) Trash cans and storage of solid waste - One roll cart and recycling bin with a
designated storage location for the roll cart behind the front building line.

b) Environmental - Property exteriors shall comply with the International Property

Maintenance Code.
20
c) Doors and windows - Individual units must have access directly to the outside or
to a common corridor. Sleeping rooms must have at least one operational window.

d) Stairs, rails, porches, decks - A graspable handrail is required for four or more
stairs whether indoors or out. Guardrails are required on decks over 30 inches
above grade, must be a minimum of 36 inches in height and not have any
openings between pickets or rails that exceeds four inches. Porches and decks
shall not have apparent structural damage or broken or missing rails or steps. No
exposed risers are allowed on stairs over 30 inches in height whether indoors or
out.

e) Swimming pools/spas - Swimming pools and spas shall be enclosed and include a
self-closing and self-latching gate of 48 inches minimum height.

f) Electrical service and electrical hazards - Electrical service shall be provided

through the public service provider. All bathrooms, exterior outlets, non-dedicated
kitchen outlets within six feet of kitchen sink shall be ground-fault protected.
Missing or cracked plates on switches or outlets shall be repaired.

g) Ceilings - Habitable spaces and hallways must have a clear ceiling height of not
less than seven feet. Ceilings shall not have any apparent visual defects, evidence
of mold or mildew, or holes with exposed wiring or insulation.

h) Walls - Walls shall not have any apparent visual defects, evidence of mold or
mildew, or holes with exposed wiring or insulation.

i) Floors - Floors shall not have any apparent visual defects, evidence of mold or
mildew, or soft spots.

j) Sink - In kitchen with hot and cold running water. Hot water to be at least 85
degrees and not to exceed 120 degrees.

k) Stove or range - Stoves and ranges shall be free of apparent hazards. Combustible
material must be at least 30 inches above the heat source. Anti-tip device must be
installed for freestanding units.

l) Toilet - Flushing and leak free in a room affording privacy.

m) Wash basin - Operational and leak free equipped with hot and cold running water.
Hot water to be at least 85 degrees and not to exceed 120 degrees.

n) Tub or shower - Must be operational and equipped with hot and cold running
water in a room affording privacy. Hot water to be at least 85 degrees and not to
exceed 120 degrees.

o) Ventilation in bathroom - Bathrooms must have a window or mechanical

ventilation and not have an evidence of mold or mildew.
21
 p) Smoke detectors - Every bedroom and adjoining hallway as well as the common
area shall be equipped with an operational, approved listed smoke detector. In
units containing more than one story, detectors are required on each story.

q) Fire extinguisher - Minimum five pound ABC fire extinguisher that is fully
charged and not past expiration date.

r) Carbon Monoxide (CO2) Detector – CO2 detectors shall be properly installed and
operational in all unit units that have attached garage and /or gas appliances.

s) Heating equipment - Operational heating facilities capable of maintaining a room

temperature of 70 degrees.

t) Evidence of infestation - Premises shall appear free of rats, mice, roaches or other
vermin.

u) Interior stairs and common halls - Stairs and halls shall not have apparent damage
or missing rails or steps. No exposed risers are allowed on stairs over 30 inches in
height whether indoors or out.

(3) Issuance of permit, registration and Business License. Upon approval of the application
and issuance of a zoning permit, approval of the life-safety inspection, and payment of a
Business License and any other applicable tax, a certificate of occupancy and registration
certificate shall be issued.

(4) Annual Registration and renewal of Business License.

a) For renewal of a Residential Rental Housing permit and issuance of a business

license, a property owner shall be required to recertify compliance with the
Property management plan on file and affirm that the nature of the rental
property has not changed.

b) Upon a change in ownership of a property, and prior to the issuance of a new

permit and business license to allow continuation of an existing, permitted
rental property, the new property owner shall be required to recertify
compliance with this requirements of this Section, and pass a Life safety
inspection.

c) Accommodations, sales, and income taxes. There are federal, state and/or City
regulations for collection of sales, accommodations, and income taxes.
Owners, operators, lessors, occupiers, and/or tenants of dwellings used for
Short term rentals are solely responsible for payment of all applicable taxes.

(5) Violations, Enforcement and Penalties.

a) Violations. It shall be a violation of this Chapter for an owner, his agent or

manager to:
22
 1. Provide false information about a single family residential rental
unit;
2. Operate an Residential rental unit without complying with the
requirements of this Chapter and the Code of the City of Mauldin;
3. Advertise a property as being available for rental without first
complying with the requirements of this Chapter; or
4. Violation of any part of this ordinance; and
5. Violation of any applicable ordinance or laws by owners, operators,
lessors, agents, occupants, or tenants.

b) Penalties. A violation of this Chapter is a misdemeanor punishable by a fine

and/or incarceration. Each day the unlawful erection, construction,
reconstruction, alteration, conversion, maintenance, use, or other violation
under this Chapter continues is considered a separate offense.

Section 5. Amendment. Amend Article 5, Residential and Multifamily Districts, Sections:

5:2.2, 5:3.2, 5:4.2 and 5:5.2, Uses Permitted by Special Exception by adding Short term rentals
to the list.

Section 6. Amendment. Amend Article 5, Residential and Multi-family Districts, Sections:

5:2.3, 5:3.3, 5:4.3, 5:5.3, Conditional Uses by adding Short term rental – Homestay and
Residential Rental Units (rental periods of more than one month)

Section 7. Conflicting Ordinances. If any ordinance, municipal code, or other regulation that
conflicts with the regulations herein are hereby repealed to the extent of the inconsistency. Such
repeal shall not affect the validity of the remaining provision.

Section 8. Effective Date. That said amendment shall become effective upon second and final
reading.

This ordinance was passed on first reading __________________, 2018; and on second and final
reading

__________________________2018.

CITY OF MAULDIN, SOUTH CAROLINA

____________________________________
Dennis Raines, Mayor

ATTEST:

__________________________________
Cindy Miller, Municipal Clerk

23
APPROVED AS TO FORM: REVIEWED:

_________________________________ ___________________________________
City Attorney City Administrator

24