AMENDING THE CODE OF THE CITY OF PITTSFIELD

CHAPTER 11, Licenses, Registrations and Permits

SECTION I

Chapter 11 Article VIII Short-Term Rental Licenses

Sec.11-53 License required.

It shall be unlawful for a Short-Term Rental as defined in Article 23-2 Section 2.2 to engage in
business within the City without first obtaining a license therefor in compliance with the provisions
of this article. Short-Term Rental of a property is prohibited in dwelling units designated as
affordable or otherwise income-restricted, which are subject to an affordability restriction or are
otherwise subject to housing or rental assistance under local, state, or federal programs or law. The
Licensing Authority for this Section shall be the Pittsfield Licensing Board.

Sec.11.54: License application; requirements.

All operators of short-term rental properties shall apply for an annual license from the Pittsfield
Licensing Board.

An owner may register to operate only one dwelling unit as a short-term rental within the City of
Pittsfield. No person shall have more than one legal or equitable title or beneficial interest in any
dwelling unit used for a short-term rental. An owner may hire a property management company
to list and manage short-term rentals, but the registration must be in the owner’s name.

As an initial requirement, in order to apply for a Short-Term Rental License, Site Plan Approval
must be obtained from the Community Development Board as is stated in Article 23-7 Section
7.738 of the Pittsfield Zoning Ordinance and be submitted to the Licensing Board with the
applicant’s initial Short-Term Rental License application. The applicant must then receive
approval from the Health Department, the Fire Department, and the Building Commissioner to
confirm that the subject property complies with all applicable Board of Health regulations, Fire
Department safety standards and the current state Building Code. Upon submission of a completed
application and receipt of a hearing date, the applicant shall submit to the Licensing Board proof
of notification of abutters within 300 feet of the subject property of the public hearing on the
application before the Licensing Board.

Thereafter and on an annual basis, the applicant shall submit the following:
1. An attestation that the property complies with applicable Board of Health regulations, Fire
Department safety standards, and the current state Building Code.
2. An attestation that the property conforms with all applicable standards for Short-Term
Rentals as outlined in the Pittsfield Zoning Ordinance.
3. Proof that a certificate of inspection is on file for the property.
4. The name and contact information of the operator of the short-term rental property as well
the name and contact information of a local agent who lives in Pittsfield and can make
decisions on the behalf of the property if the operator is not present.
 5. Proof of Registration with the Pittsfield City Clerk and the Massachusetts Department of
Revenue (DOR).
6. Proof that a $150 filing fee has been paid to the Licensing Board. The cost of annual
renewal shall be $10.
Sec.11.55 License Issuance; fee and expiration.

a) If the requirements of 11.54 are met, the Licensing Board shall issue a Short-Term Rental
license unless the Licensing Board finds by clear and convincing evidence that a Short-
Term Rental License should not be issued to the applicant.
b) Said license is non-transferable, any change in ownership of a property shall require a new
license.
c) The Licensing Board shall promulgate as necessary, any reasonable rules and regulations
as they see fit to enforce the provisions of this section.
d) The Licensing Board shall create an application procedure and application materials as
necessary in order to issue and review Short-Term Rental Licenses.
Sec. 11.56 Violations and penalties; enforcement; revocation and suspension of license.

(a) Any person who violates any provision of this chapter may be penalized by criminal
complaint or by noncriminal disposition as provided in Chapter 4 1/2 of this Code. Any
such violation shall be deemed punishable by a fine in the amount of $300 for each offense.
Each day in which a violation exists may be deemed to constitute a separate offense. The
provisions of this article shall be enforced by the Building Commissioner, the Director of
Public Health, the Fire Department and the Police Department or any designees of these
entities.
(b) Any license issued pursuant to this article or any application therefore, may be denied,
revoked, or suspended by the licensing board after notice for any of the following reasons:

1. Any fraud, misrepresentation, or false statement contained in the application for said
license;
2. Any fraud, misrepresentation, or false statement made in connection with the operation of
the Short-Term Rental property;
3. Any violation of this article;
4. Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude;
5. Conducting the business licensed under this article in an unlawful manner or in such
manner as to constitute a breach of the peace or menace to the health, safety, or general
welfare of the public.
(c) Following the revocation of a license, a Short-Term Rental Operator may not own or have
an interest in a Short-Term Rental Property for a period of two (2) years. This period may
be reduced if the Operator can demonstrate to the Licensing Board evidence that the issue
or issues that resulted in the revocation of the license have been remedied or effectively
mitigated.
Sec. 11.57 Complaint Procedure.
 1. Private Complaint: Upon receipt of a written complaint from a private party that a
property is operating as an unlicensed Short-Term Rental, the Zoning Enforcement Officer
or his designee, at their discretion, may send a cease-and-desist letter to the owner of record
of the subject property if the subject property is not licensed pursuant to this section. Any
subsequent complaints shall be subject to the penalties set forth in Sec. 11.57(a) upon
sufficient evidence that the subject property is being used as an unlicensed Short-Term
Rental.
2. Initial Complaint: Complaints to revoke or suspend a license will originate within the
organizations of the enforcement entities detailed in this Section. Enforcement shall be at
the discretion of the enforcement agent or will be referred by the enforcement agent to the
Licensing Board, for a public hearing to determine if a violation has occurred.
3. Public Hearing: Upon receipt of a referral of a complaint, the Licensing Board shall act
as the municipal hearing officer pursuant to G.L. c. 40U and schedule a public hearing no
less than thirty (30) days from the date of receiving the referral. After hearing, the
Licensing Board shall decide if the licensee is in violation of any requirements included in
this Section and impose appropriate penalties, including but not limited to fines, suspension
or revocation of the Short-Term Rental License. The Licensing Board shall have ninety
(90) days from the date of the hearing to issue a decision unless written consent of the
applicant is given to extend time for the Licensing Board to render its decision.
4. Notice of Decision: Following the issuance of a decision, the Licensing Board will draft a
Decision Notice summarizing their decision and the result of the public hearing. The
Licensing Board will have fourteen (14) days to draft this notice which shall take effect
upon filing with the City Clerk.
5. Judicial Appeals: Any person aggrieved by a final decision of the Licensing Board with
respect to a notice of violation or any other order issued under this section may seek relief
pursuant to G.L. c. 40U, § 15.
Sec. 11.58 Evidence, Enforcement

1. Inspection: Short-Term Rentals may be subject to inspection by the Board of Health, Fire
Department and the Building Commissioner. Short-Term Rental Owners are required to
provide access for the purpose of conducting safety inspections when required. Failure to
provide access to an inspector upon request and after proper notice will invalidate the
license to operate a Short-Term Rental until an inspection by the appropriate authority has
been conducted, and all violations have been addressed to the satisfaction of the
Department and Licensing Board. Failure to comply with orders to correct deficiencies
may result in penalties as set out in Sec. 11.56.
2. Evidence: In enforcing the provisions of this Section, Enforcement entities may use a
combination of several types of evidence of the Operation of a Short-Term Rental
including, but not limited to: advertisement of the property on a website listing Short-Term
Rentals, noise complaints, video and photographic evidence showing operation of a Short-
Term Rental, police reports and multiple written complaints from legal abutters.
3. Enforcement: Enforcement shall be conducted via the normal enforcement mechanism of
the enforcement agent, with the additional option of referral to the Licensing Board for a
 Public Hearing to determine if action should be taken against the Short-Term Rental
License.

SECTION II

This Ordinance shall take effect nine (9) months following its enactment.
 AMENDING THE CODE OF THE CITY OF PITTSFIELD
CHAPTER 23, ZONING

SECTION I

That the Code of the City of Pittsfield Chapter 23, Zoning, Article 23-2, Definitions, Section 2.2, Glossary,
shall be amended by adding, in the appropriate alphabetical order, the following new definitions:

Short- Term Rental: Any rental of a legal or permitted dwelling unit, or of a bedroom(s) within
a dwelling unit, in exchange for payment, as residential accommodations for a duration of less
than thirty (30) consecutive days, but not at a bed-and-breakfast home, hotel, motel or lodging
house, or time share.

Short-Term Renter: Any person or persons occupying a dwelling unit, for the purposes of a
short-term rental.

Short-Term Rental Operator: An operator is anyone who operates a Short-Term Rental,

including owners, lessees, sublessees, mortgage holders, licensees, or others.

Short-Term Rental Intermediary or Operator’s Agent: An intermediary is anyone besides an

operator who helps to arrange a property rental for an operator and collects rent. An
intermediary can arrange a property rental and collect rent for any operator of a short-term
rental.

An intermediary includes a broker, hosting platform, or operator’s agent.

An operator’s agent is anyone who manages a property for rent or books reservations of a
property for rent. An operator’s agent includes a property manager, property management
company, or real estate agent.

Short-Term Rental Owner: The record holder(s) of the property being used as a Short-Term
Rental including a shareholder, beneficiary or member of an entity with a financial interest in
the entity.

SECTION II

That the Code of the City of Pittsfield Chapter 23, Zoning, Article 23-7, Accessory Uses, Section 7.738,
Short-Term Rentals, shall be created as the following:

7.738 Short-Term Rentals

Requirements:

1. A Short-Term Rental shall be defined as a rental property offering a consecutive stay of no

more than thirty (30) days, with the exception of bed-and-breakfasts, hotels, motels,
lodging houses and timeshares.
2. A short-term rental shall have stays accumulate no more than one hundred and fifty (150)
total days per calendar year.
 3. All short-term rentals shall register with the City Clerk’s Office and with the Massachusetts
Department of Revenue’s (DOR) Short-Term Rental Properties list.
4. No Short-Term Rental shall occupy a dwelling unit that is classified as an affordable
housing unit or any other dwelling unit that is subject to an income restriction.
5. A Short-Term Rental Owner may only own or have an interest in and register one dwelling
unit to be used for short term rental within the City of Pittsfield.
6. Maximum Occupancy: Short-Term Rentals can be rented to one Short-Term Renter per
250 square feet of gross floor area of the rented dwelling unit or to twelve (12) Short-Term
Renters, whichever is smaller.
7. Minimum Parking Requirements: There shall be one (1) onsite parking spot for every 800
square feet of gross floor area of the rented dwelling unit.
8. The Short-Term Operator shall designate a local contact who lives in either Pittsfield, or in
Berkshire County, who is able to make decisions regarding the Short-Term Rental property
in place of the Owner or Operator.
9. Short-Term Rental properties may be subject to periodic inspections per the current state
building and health code.
10. All Short-Term Rental properties must meet all requirements of the current Fire
Department Safety Standards, Health Department Standards and the State Building Code.
11. All Short-Term Rental properties shall be subject to an administrative Site Plan Review
conducted by the Director of the Department of Community Development or their
designee. If necessary, the Site Plan shall be referred to the Community Development
Board for approval.

SECTION III

The Code of the City of Pittsfield Chapter 23, Zoning, Article 23-9 Section 9.302 shall be amended to add
Subsection J, the language of which shall be as the following:

Section 9.302(J): To be classified as a Home Occupation, a rental period must be no less than thirty-one
(31) consecutive days.

SECTION IV

This Ordinance shall take effect nine (9) months following its enactment.