HomeMy WebLinkAboutLL 16 of 2021 STR Amend Ch 270 Adding Short Term Rentals 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. 16 OF THE YEAR 2021
A LOCAL LAW ADDING SHORT-TERM RENTAL PROVISIONS
TO CHAPTER 270,ZONING, OF THE TOWN OF ITHACA CODE
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 270 (Zoning), Article III (Terminology) of the Town of Ithaca Code,
Section 270-5, titled "Definitions,"is amended by adding the following definitions:
SHORT-TERM RENTAL USE -- The rental by a tenant of a dwelling unit, or portion
thereof, for a period of less than 30 consecutive days. "Period" includes consecutive terms of
rental to the same tenant(s).
HOSTED SHORT-TERM RENTAL USE --A short-term rental use where the owner lives
and sleeps in the rented unit, or in another dwelling unit on the same or an adjacent tax
parcel, throughout the short-term renter's stay, and no more than two bedrooms are rented at
any one time.
UNHOSTED SHORT-TERM RENTAL USE -- A short-term rental use where the owner
does not live and sleep in the rented unit, or in another dwelling unit on the same or an
adjacent tax parcel, throughout the short-term renter's stay.
Section 2. Chapter 270 (Zoning), Article V (Conservation Zones) of the Town of Ithaca
Code, Section 270-14, titled "Permitted accessory buildings or uses,"is amended by adding a
subsection L reading as follows:
"L. Short-term rental uses, subject to the limitations on short-term rental uses set forth in
§ 270-219.7."
Section 3. Chapter 270 (Zoning), Article VI(Agricultural Zones) of the Town of Ithaca
Code, Section 270-29, titled "Permitted accessory buildings and uses,"is amended by adding a
subsection M reading as follows:
"M. Short-term rental uses, subject to the limitations on short-term rental uses set forth in
§ 270-219.7."
Section 4. Chapter 270 (Zoning), Article VII(Lakefront Residential Zones) of the Town
of Ithaca Code, Section 270-43, titled "Permitted accessory buildings and uses,"is amended by
adding a subsection M reading as follows:
"M. Short-term rental uses, subject to the limitations on short-term rental uses set forth in
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§ 270-219.7. For purposes of this subsection M only, a short-term rental use in the
Lakefront Residential Zone is considered an accessory use even if the dwelling unit is
used for an unhosted short-term rental use during a majority of days in a calendar year."
Section 5. Chapter 270 (Zoning), Article VIII(Low Density Residential Zones) of the
Town of Ithaca Code, Section 270-56, titled"Permitted accessory buildings and uses," is
amended by adding a subsection N reading as follows:
"N. Short-term rental uses, subject to the limitations on short-term rental uses set forth in
§ 270-219.7."
Section 6. Chapter 270 (Zoning), Article IX (Medium Density Residential Zones) of the
Town of Ithaca Code, Section 270-68, titled"Permitted accessory buildings and uses," is
amended by adding a subsection M reading as follows:
"M. Short-term rental uses, subject to the limitations on short-term rental uses set forth in
§ 270-219.7."
Section 7. Chapter 270 (Zoning), Article X (High Density Residential Zones) of the
Town of Ithaca Code, Section 270-79, titled"Permitted accessory buildings and uses," is
amended by adding a subsection K reading as follows:
"K. Short-term rental uses, subject to the limitations on short-term rental uses set forth in
§ 270-219.7."
Section 8. Chapter 270 (Zoning), Article XXV (Nonconforming Uses) of the Town of
Ithaca Code, is amended by adding Section 270-214.2, titled"Amortization of certain
nonconforming short-term rental uses" and reading as follows:
"Notwithstanding the other provisions of this Article XXV, a valid nonconforming short-
term rental use existing at the effective date of adoption or amendment of§ 270-219.7
(Short-term rental uses) creating the nonconformity may continue only if and in the manner
and time period specifically permitted by the Zoning Board of Appeals by special approval
pursuant to § 270-219.7.G. The criteria for granting such special approval shall be as set
forth in § 270-219.7G. In addition, nothing in this § 270-214.2 affects the ability of an owner
to seek a use variance from the ZBA for the nonconformity."
Section 9. Chapter 270 (Zoning), Article XXVI(Special Regulations) of the Town of
Ithaca Code, is amended by adding Section 270-219.7, titled"Short-term rental uses" and
reading as follows:
"§ 270-219.7 Short-term rental uses.
A. Purpose and legislative intent.
(1) The purpose of this section is to establish appropriate regulations for short-term rental
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uses in the Town. While the Town recognizes that some property owners wish to rent
to others on a short-term basis all or part of dwelling units they own, the Town also
recognizes that it has an obligation to protect the public health, safety and welfare and
minimize the adverse effects of such short-term rental uses.
(2)By enacting this section, the Town intends to:
(a) Protect the health, safety and welfare of the community and of persons occupying
short-term rentals;
(b) Prevent to the greatest extent practicable public safety risks and other impacts,
including, but not limited to, increased noise, trash, traffic, and parking impacts
associated with short-term rental uses;
(c) Protect neighborhood character and minimize the impact of short-term rental uses
on neighbors and residential properties;
(d) Protect property values of the community;
(e) Protect housing affordability within the community for long-term residents,
whether owners or renters;
(f) Assist homeowners to stay in their homes by allowing some short-term rental use
of their homes to generate income to defray their cost of homeownership;
(g) Enable property owners to provide lodging for visitors to the Town during periods
of peak visitor and tourist demand, such as university and college graduation
weekends and holiday weekends; and
(h) Promote the efficient use of housing stock.
B. Applicability. This section applies to all short-term rental uses except:
(1) Rentals of dwelling units that are owned by cooperative corporations and subject to
proprietary leases under the Cooperative Corporations Law.
(2) House sitting arrangements where a house sitter occupies an owner's principal
residence while the owner is away, the house sitter provides security, maintenance
and/or pet care, and the house sitter pays no money or other financial consideration to
the owner in exchange for the occupancy. For the purposes of this § 270-219.7, the
ownership and minimum residency requirements in subsection D below must be met
for a dwelling unit to be considered an owner's principal residence.
C. Except as prohibited by the New York Multiple Dwelling Law, a short-term rental use is
permitted, subject to this section's provisions, in a principal dwelling unit or an accessory
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dwelling unit in all zoning districts that allow a short-term rental use as a permitted
accessory use.
D. (1) Except in the Lakefront Residential Zone, short-term rental uses may occur only in a
dwelling unit that is the principal residence of at least one of the property owners, in
another dwelling unit on the same tax parcel as the principal residence, or in a
dwelling unit on no more than one adjacent tax parcel that is owned by the same
owner(s). No other owner(s), collectively or individually, shall own a larger
percentage of the tax parcel(s) than the owner-occupant(s), who must reside in the
principal residence for a minimum of 185 days per year.
(2) An owner may obtain up to two operating permits at any one time from the Town for
dwelling units used for short-term rental uses, with no more than one of the two
permits being for an unhosted short-term rental use.
E. Provisions applicable to hosted and unhosted short-term rental uses.
The following requirements apply to both hosted and unhosted short-term rental uses:
(1) Operating permit required.
(a) Each dwelling unit used or offered for a short term rental use shall require a valid
operating permit issued pursuant to Town of Ithaca Code Chapter 125 (Building
Construction and Fire Prevention), §125-8. Each operating permit shall specify
whether it is for a hosted or an unhosted short-term rental use, only one such use
being allowed per unit. Before the expiration or renewal of an existing operating
permit, it shall be the responsibility of the owner of such unit to schedule an
inspection with the Town of Ithaca Code Enforcement Department in order to
obtain a new or renewed permit.
(b) Owners of dwelling units used or offered for short-term rental uses as of April 1,
2022, must apply by July 1, 2022 for operating permits. Owners of dwelling units
that are not used or offered for short-term rental uses as of April 1, 2022,but that
are subsequently used or offered for short-term rental uses, must apply for
operating permits prior to such use or offer for a short-term rental use. After an
operating permit is obtained, it must be maintained throughout the period that
such unit is used or offered for a short-term rental use.
(c) The Code Enforcement Department shall issue an operating permit upon
verification by inspection that the items listed in Subsection (1) through(13)
below meet the requirements of the applicable New York State Uniform Fire
Prevention and Building Code and the items listed in Subsection (14) and (15)
below meet the requirements of the Town of Ithaca Code:
(1) 911 address number properly posted (with each unit posted);
(2) Exterior structure in good repair;
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(3) Entrances, access areas, parking spaces and similar areas in good repair;
(4) Receptacles for proper storage of garbage;
(5) Compliant pools and decks (if present);
(6) Working smoke and carbon monoxide detectors;
(7) Interior structure in good repair;
(8) Fire separation (where required);
(9) Electrical, plumbing and heating in good repair;
(10) Appliances in good repair (if supplied by landlord);
(11) Proper light and ventilation;
(12) Proper room sizes;
(13) Proper egress doors or windows;
(14) Compliant off-street parking, per § 270-227 and this section;
(15) Exterior property areas do not violate Town of Ithaca Code Chapter 205
(Property Maintenance).
(d) A Code Enforcement Officer shall seek a search warrant from a court of
competent jurisdiction whenever the owner, managing agent or occupant fails to
allow inspections of any premises believed to be subject to this section and where
there is a reasonable cause to believe that there is a violation of this section, Town
of Ithaca Code Chapter 205 (Property Maintenance), or the New York State
Uniform Fire Prevention and Building Code.
(e) Failure of an owner of any unit that is required to have an operating permit to
apply for an operating permit in a timely manner, to obtain an operating permit
after inspection, or to maintain a valid operating permit after it is granted
throughout the period that such unit is used or offered for short-term rental use,
shall be deemed a violation of this section.
(f) Over-occupancy. Verified over-occupancy shall constitute a violation of the
operating permit.
(2)Additional hosted and unhosted short-term rental use requirements.
(a)The following provisions in this subsection (a) apply in all zones where short-
term rental uses are allowed, except in the Lakefront Residential Zone. The owner
of any unit used for a short-term rental use shall provide enough driveway parking
spaces on the parcel containing such unit so that all vehicles belonging to the
short-term renters are parked on-site. Such vehicles may not park on the street.
(b) The following provisions in this subsection(b) apply in all zones where short-
term rental uses are allowed, except in the Lakefront Residential Zone. No unit
except a primary residence with a hosted short-term rental shall be subject to
more than one short-term rental agreement at any one time. If the owner offers
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more than one unit on a parcel and/or adjacent parcel, only one unit may be rented
as a short-term rental use at any one time.
(c) No unit used for a short-term rental use shall be rented for the accommodation of
more individuals than two times the number of legal bedrooms in such unit.
(d) All units used for short-term rental uses shall have prominently posted in all
bedrooms in such unit a copy of the valid operating permit for such unit and a
notice in a form approved by the Code Enforcement Department containing safety
and legal compliance information including,but not limited to, the following:
location of the nearest exit in case of a fire; limitations contained in the Town's
laws regarding short-term rental uses and noise; and cell phone numbers of the
owner and any manager, if there is one.
(e) Collection of rental information and actions to address complaints.
[1] Every time an owner rents a unit for an unhosted short-term rental use, prior to
the beginning of the rental stay, the owner shall notify the Code Enforcement
Department of the dates of the rental agreement by electronic methods
established by such Department.
[2] Local contact person. Owners shall provide the Code Enforcement
Department, all short-term renters and all occupants of adjacent properties
with the name and contact information of a local individual who shall be
available twenty-four(24) hours per day, seven (7) days per week, during the
term of the unhosted stay. Once this notification is given to the Code
Enforcement Department and adjacent property occupants, it does not need to
be given to them again until the name and/or contact information changes.
The owner or designated local contact person shall:
(i) Respond on-site within sixty (60) minutes to complaints regarding a
condition or operation of the short-term rental use or the conduct of the
renters; and
(ii) Take remedial action to resolve any and all complaints.
F. Limitations on number of days allowed for short-term rental use.
(1) Hosted short-term rental uses. There is no limit on the number of days per year that a
dwelling unit may be used for a hosted short-term rental use.
(2) Unhosted short-term rental uses.
(a) Unless allowed a greater number of days below, no unit shall be used for an
unhosted short-term rental use for more than 29 days in any calendar year in the
Conservation, Agricultural, Low Density Residential, Medium Density
Residential and High Density Residential Zones. This limitation of 29 days shall
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not apply to any written rental agreement that existed as of July 1, 2022, provided
that the rental concludes by September 30, 2022. For the purposes of this § 270-
219.7, each of the following shall count as one day:
[1] a rental of 24 hours
[2] a rental of less than 24 hours that includes an overnight stay
[3] a rental of less than 24 hours that does not include an overnight stay
(b) An owner of a unit that satisfies at least one of the following criteria may rent
such unit for unhosted short-term rental uses for up to 90 days in the aggregate in
any calendar year:
[1] A unit that is (a) located in a Conservation, Agricultural, Low Density
Residential or Medium Density Residential Zone on a parcel that is larger than
three acres, and (b) located more than forty feet from the side property lines.
[2] A unit that is located in a Conservation, Agricultural, Low Density Residential
or Medium Density Residential Zone on a parcel that is not adjacent to any
parcels that contain a dwelling.
(c) No unit shall be used for an unhosted short-term rental use for more than 245 days
in any calendar year in the Lakefront Residential Zone. This limitation of 245
days shall not apply to any written rental agreement that existed as of July 1,
2022, provided that the rental concludes by September 30, 2022. For the purposes
of this § 270-219.7, each of the following shall count as one day:
[1] a rental of 24 hours
[2] a rental of less than 24 hours that includes an overnight stay
[3] a rental of less than 24 hours that does not include an overnight stay
G. Termination of certain legal nonconforming uses after amortization.
(1) The Zoning Board of Appeals may grant special approval for a short-term rental use
subject to termination or a limitation on days under this § 270-219.7 to continue for a
stated period of time after the termination or limitation takes effect, provided that the
owner applies to the Zoning Board of Appeals by October 1, 2022 for such special
approval, and further provided that the Zoning Board of Appeals finds that:
(a) The owner demonstrates that the short-term rental use is a legal nonconforming
use; and
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(b) The owner demonstrates through competent dollars-and-cents proof that prior to
April 1, 2022, they made substantial financial expenditures unique to the short-
term rental use; and
(c) The owner provides documentation of their total receipts from short-term rentals
and expected revenue through the date of termination or limitation; and
(d) The owner demonstrates that they have not recovered substantially all of the
financial expenditures related to the short-term rental use; and
(e) The owner demonstrates that they cannot obtain a reasonable return on their
investment unique to the short-term rental use if the property is used for any other
purpose permitted within the zoning district, and that the lack of a reasonable
return is due solely to the termination or limitation on short-term rental days and
not other market forces; and
(f) The extension period granted by the Zoning Board of Appeals is the minimum
extension period necessary to mitigate the demonstrated loss of a reasonable
return.
(2) The criteria for granting such special approval shall be as set forth above rather than
the normal criteria in Article XXIV for granting a special approval.
H. Order to remedy; operating permit suspension and revocation.
(1) Whenever the Code Enforcement Officer finds that there has been a violation of this
section, the Code Enforcement Officer is authorized to order in writing the remedying
of any condition or activity in violation of this section.
(2) An order to remedy shall be in writing; identify the property or premises; specify the
condition or activity that violates this section; shall specify the provisions of this section
which are violated by the specified condition or activity; shall include a statement that
the violations must be corrected within 30 days after the date of the order to remedy;
may direct the person served with the order to begin to remedy the violation(s)
immediately or within some other stated period of time that can be less than 30 days
after the date of the order; direct that compliance be achieved within the specified
period of time; and shall state that an action or proceeding to compel compliance and/or
seek penalties, fines and/or imprisonment may be instituted if compliance is not
achieved within the specified period of time.
(3) The order to remedy, or a copy thereof, may be served within five (5) days after the
date of the order to remedy by personal service, by mailing by registered or certified
mail sent to the address set forth in the application for any permit submitted to the Town
or to the property address, or by posting a copy thereof on the premises that are the
subject of the order to remedy and mailing a copy, enclosed in a prepaid wrapper,
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addressed to the last known address of the owner as set forth in the Town of Ithaca
records, or if none, in the most recent tax roll available to the Town of Ithaca.
(4) In case the owner, operator, or the agent of any of them shall fail, neglect or refuse to
remove, eliminate or abate the violation within the time specified in the order to
remedy, a request to take appropriate legal action may be made to the Attorney for the
Town of Ithaca, and/or the Code Enforcement Officer may initiate the process to
suspend or revoke an operating permit, if the suspension/revocation process has not
already been instituted.
(5) Suspension and revocation of operating permit.
(a) An operating permit may be suspended or revoked pursuant to Town of Ithaca
Code Chapter 125 (Building Construction and Fire Prevention), §125-8. In
addition to the reasons for suspension and revocation in that section, an operating
permit may be suspended or revoked if the owner of a dwelling unit used or
offered for short-term rental use fails to apply for an operating permit in a timely
manner, to obtain an operating permit after inspection, to maintain a valid
operating permit after it is granted throughout the period that such unit is used or
offered for a short-term rental use, or to otherwise comply with this section.
(b) To initiate the process to suspend or revoke an operating permit, the Code
Enforcement Officer shall issue a notice of intent to suspend or revoke the
operating permit. The notice of intent to suspend or revoke shall describe the
violation and require the operating permit holder to immediately correct the
violation or cause the violation to be corrected.
(c) The notice of intent shall be provided to the operating permit holder by personal
service, by registered or certified mail to the address submitted with the permit
application, or by posting on the premises at issue.
(d) If the operating permit holder fails to immediately correct the violation or cause
the violation to be corrected, the Code Enforcement Officer shall suspend or
revoke the permit.
(e) An operating permit holder shall be entitled to request a hearing on suspension or
revocation before the Town Board, upon application made to the Town Clerk
demonstrating that the operating permit holder was not in violation. Such hearing
shall be requested, in writing, with the request addressed to and received by the
Town Clerk within five business days of the permit holder's receipt of the notice
of intent or of posting, whichever occurs earlier. Any suspension or revocation
remains in effect unless modified by the Town Board. Within 30 days of the
permit holder's written request, the Town Board shall hold a hearing to determine
whether to reverse the suspension or revocation. The Town Board shall issue its
written decision within 15 days after the hearing.
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(f) The owner of a dwelling unit for which a short-term rental operating permit has
been revoked for the first time may not reapply for a new operating permit until
one year after such revocation.
(g) The owner of a dwelling unit for which a short-term rental operating permit has
been revoked at least once before may not reapply for a new operating permit
until five years after such revocation."
Section 10. Statement of Supersession. It is the intent of the Town Board, pursuant to
authority under New York State Municipal Home Rule Law § I0(l)(ii)(d)(3), § I0(l)(ii)(a)(14),
and § 22 to supersede inconsistent provisions of the New York State Town Law. In particular, it
is the intent of the Town Board, pursuant to authority under sections 10 and 22 of the Municipal
Home Rule Law, to supersede inconsistent provisions of New York State Town Law relating to
uniformity. Without limitation, this local law hereby supersedes the New York State Town Law
§ 262, to the extent that the provisions of said section are inconsistent with any provision in this
local law.
Section 11. 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 12. This local law shall take effect on April 1, 2022.
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