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HomeMy WebLinkAboutLL 19 of 2021 STR Amend Chapter 125 by Adding STR Operating Permits STATE OF NEW YORK DEPARTMENT OF STATE ONE COMMERCE PLAZA KATHY HOCHUL 99 WASHINGTON AVENUE GOVERNOR ALBAw,NY 1223i-000l ROBERT J. RODRIGUEZ HrrPS://DOS.W.GOV ACTING SECRETARY OF STATE January 19, 2022 JAN 2 4 2022 OWN OF ITHACA Paulette Rosa TOWN CLERK Town of Ithaca Clerk 216 N Tioga St Ithaca NY 14850 RE: Town of Ithaca, Local Law 16, 17, 18, 19 2021, filed on December 31 2021 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, wwwAosmyslov. Sincerely, State Records and Law Bureau (518) 473-2492 Z<NE s !YORK I Department TA OF OPPOU'Ni". of State TOWN OF ITHACA LOCAL LAW NO. 19 OF THE YEAR 2021 A LOCAL LAW TO ADD REQUIREMENTS FOR OPERATING PERMITS AND INSPECTIONS FOR SHORT-TERM RENTAL USES TO THE TOWN OF ITHACA CODE, CHAPTER 125, TITLED "BUILDING CONSTRUCTION AND FIRE PREVENTION" Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 125 (Building Construction and Fire Prevention) of the Town of Ithaca Code, §125-8 titled"Operating permits"is amended as follows: A. By adding a new subsection A(14)reading as follows: "(14) All short-term rental uses that are required to have operating permits per Town of Ithaca Code Chapter 270 (Zoning), §270-219.7.E. Notwithstanding any provision to the contrary in this §125-8, the use or offer of such units for short-term rental use prior to an owner obtaining required operating permits shall be governed by the applicable provisions of§270-219.7.E." B. By adding "and all short-term rental uses that are required to have operating permits per Town of Ithaca Code § 270-219.7.E" to the end of subsection E(1) so that it reads as follows: "(1)Valid for a period of one year, in the case of any operating permit issued for an area of public assembly of 100 persons or more,health-care facilities where more than 10 people normally sleep nightly (including hospitals, nursing homes, infirmaries, and sanitariums), all child and adult day-care centers and facilities, as defined in Chapter 270, Zoning, of the Code of the Town of Ithaca, all dormitory buildings, regardless of the number of sleeping accommodations, and all short-term rental uses that are required to have operating permits per Town of Ithaca Code § 270-219.7.E;" Section 2. Chapter 125 (Building Construction and Fire Prevention) of the Town of Ithaca Code, §125-9 titled"Fire safety and property maintenance inspections," Subsection B is amended as follows: A. By adding a new Subsection B(2)reading as follows: "(2) The Code Enforcement Officer shall conduct fire safety and property maintenance inspections of all short-term rental uses that are required to have operating permits at least once every year." B. By renumbering Subsections B(2) and B(3) to Subsections B(3) and B(4), respectively. Adopted December 29, 2021 Pg 1 C. By adding "Inspections of all short-term rental uses that are required to have operating permits per Town of Ithaca Code § 270-219.7.E shall be conducted pursuant to the applicable procedures in § 270-219.7.E."to the end of newly renumbered Subsection B(3), so that it reads as follows: "(3) Such inspections may be made at any reasonable time. Upon completion of the inspection, if the Code Enforcement Officer is satisfied that the buildings so inspected are in compliance with the Uniform Code, the Energy Code, Chapter 270, Zoning, and other laws of the Town of Ithaca relating to the safety of buildings, the Code Enforcement Officer shall issue an operating permit, where one is required by § 125- 8, upon payment of the applicable fees for the inspection and the permit. Inspections for all residential rental dwelling units and accessory dwelling units that are required to have operating permits per Town of Ithaca Code Chapter 207, Article I (Operating Permits for Certain Residential Rental Units), or Town of Ithaca Code Chapter 270 (Zoning), § 270-219.6B(2), shall be conducted pursuant to the applicable procedures in Chapter 207, Article I, or § 270-219.6B(2). Inspections of all short-term rental uses that are required to have operating permits per Town of Ithaca Code § 270-219.7.E shall be conducted pursuant to the applicable procedures in § 270-219.7.E." Section 3. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 4. This local law shall take effect on April 1, 2022. Adopted December 29, 2021 Pg 2