[Added 7-11-2017 by L.L.
No. 29-2017[1]]
[1]
Editor's Note: This local law also repealed former Art. IV, Denial and Revocation Proceedings, added 5-10-2016 by L.L. No. 22-2016, and the content of said article (§§ 160-36 through 160-47) was moved to Art. III, Residential Rental Permits, at the direction of the Town. This local law also redesignated former §§ 160-48 and 160-49 as §§ 160-72 and 160-73, respectively.
As used in this article, the following words shall have the
meanings indicated:
Shall include but not be limited to a wedding, bachelor or
bachelorette party, or similar party activity.
The Director of the Department of Public Safety or his or
her designee.
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
An individual or group of individuals who are in possession
of and have a fee interest in real property. The term "owner" shall
not include a business entity or association, a trustee, receiver
or guardian of an estate, or a mortgagee or lien holder.
A one or two family house or multiple dwelling building used
by the owner as his or her or their principal residence (domicile).
A bedroom or group of bedrooms in a one or two family house
or multiple dwelling building used for short term rentals, where there
are no provisions for eating or cooking, but may include the use of
private or shared bathroom facilities.
Can be comprised of dwelling unit(s), a room, or a group
of rooms legally established within one or two family residences that
are owner-occupied, including one-family, owner-occupied residences
having valid accessory dwelling unit permits, where the dwelling unit(s),
room or group of rooms are rented, leased or otherwise assigned for
a tenancy of less than thirty (30) consecutive days, and where no
meals are served. The term "short term rental" does not include mixed-use
buildings, multiple dwelling buildings, dormitories, hotel or motel
rooms, bed and breakfast inns, or boarding or lodging houses.
[Amended 7-16-2019 by L.L. No. 35-2019]
(A)
Permit required. It shall be unlawful to use, establish, maintain,
operate, occupy, rent or lease any property as a short term rental
without first having obtained a short term rental permit. The failure
or refusal to obtain a short term rental permit shall be deemed a
violation of this Article.
(B)
Owner-occupancy. It shall be unlawful to use, establish, maintain,
operate, occupy, rent or lease any property as a short term rental
if the property is not owner occupied. The failure of the owner to
occupy the property as his principal residence (domicile) shall be
deemed a violation of this Article.
(C)
Advertisement. An application for a short term rental permit shall
be filed before the room(s) or dwelling unit(s) are advertised for
short term rental, and if the spaces are not advertised, then such
permit shall be obtained before the room(s) or dwelling unit(s) are
leased or rented. The short term rental permit number shall be noted
on the advertisement. Any person who advertises the space for rent
or lease, or rents the room(s) or dwelling unit(s) as short term rentals
without first having obtained a short term rental permit shall be
deemed to be in violation of this Article.
(D)
Signage. It shall be unlawful to place signage on property advertising
or identifying any portion of the property as a short term rental.
Any person who violates the provisions of this section shall be deemed
to be in violation of this Article.
(E)
Parking. All vehicles attributable to short term rentals shall be
parked on-site in parking spaces provided for such purpose when the
vehicles are not in use. All parking shall comply with the provisions
of § 160-54(5). Any person who violates the provisions of
this section shall be deemed to be in violation of this Article.
(F)
Permitted number of days. It shall be unlawful for the property owner
to use, establish, maintain, operate, occupy, rent or lease any portion
of his property as a short term rental for more than ninety (90) days
out of a calendar year. A property owner may apply to the Director
for a hardship exemption. Any person who violates the provisions of
this section shall be deemed to be in violation of this Article.
[Amended 4-16-2019 by L.L. No. 15-2019]
(G)
Number of bedrooms. It shall be unlawful for the property owner to
use, establish, maintain, operate, occupy, rent or lease more than
two (2) bedrooms within a dwelling unit. Any person who violates the
provisions of this section shall be deemed to be in violation of this
Article.
(H)
Cooking and sleeping facilities. It shall be unlawful to have cooking facilities in rooms used for short term rental, except for those premises having a valid accessory dwelling unit permit pursuant to Chapter 198. There shall not be any rooms for overnight guests other than in the main building on the lot. Any person who violates the provisions of this section shall be deemed to be in violation of this Article.
[Amended 7-16-2019 by L.L. No. 35-2019]
(I)
Assembly. It shall be unlawful for a short term rental property to
be utilized for assembly between 10:00pm and 7:00am. Any person who
violates the provisions of this section shall be deemed in violation
of this article.
(J)
Conditions and restrictions. It shall be unlawful for a property
owner to violate, fail, neglect or refuse to fully comply with any
condition, restriction or requirement of the short term rental permit.
Any person who violates the provisions of this section shall be deemed
to be in violation of this Article.
(K)
Transient
recreational use. It shall be unlawful for a property owner, occupant
or lessee to use, establish, maintain, operate, occupy, rent or lease,
or advertise for rent or lease, any residential property in whole
or part for any third party, transient recreational use such as pool
or hot tub rentals, party or yard rentals, or sport court rentals.
Any person who violates the provisions of this section shall be in
violation of the Article.
[Added 4-13-2021 by L.L. No. 14-2021]
The presence or existence of any of the following shall create
a rebuttable presumption that a property is being utilized as a short
term rental:
A short term rental permit shall be valid for a period of one
(1) year from the date of issuance unless sooner terminated or revoked.
(A)
Application. Applications for short term rental permits shall be
on forms provided by the Department of Public Safety and signed by
each property owner. A non-refundable application fee of fifty ($50.00)
dollars per property shall be payable upon application. In no instance
shall the filing of an application and payment of fees be construed
as to exonerate the property owner of responsibility for compliance
with the building, housing, fire and maintenance requirements of any
local, county, state or federal agency having jurisdiction. Each application
shall include the following:
(1)
The name and address, e-mail address, and contact numbers of
all property owners; and
(2)
Government issued proof of residency of each owner with picture
ID (driver's license, passport, etc.); and
(3)
The property address; the total number of dwelling units located
within the building; the total number of bedrooms and bathrooms inside
the building; the total number of dwelling units and individual bedrooms
proposed for short term rental use; the location of each such dwelling
unit or individual bedroom within the building; and the number of
persons to be accommodated in each short term rental area; and
(4)
The number of existing on-site parking spaces, and the number
of available on-site parking spaces for short term rentals; and
(5)
A signed and notarized certification in a form acceptable to
the Director of Public Safety by each property owner attesting to
the fact that no meal service is being provided; that the owner resides
at the property and it is the owner's domicile (primary residence);
that the property is fit for human habitation and safe; that the property
owner will comply with all of the conditions and restrictions of the
permit; that no portion of the area used for short term rentals will
utilize a cellar or attic, or any portion thereof, as habitable space
unless it meets the requirements of the International Fire and Building
Code or successor law; that the property is in compliance with all
the provisions of this Article, the applicable provisions of the town
code, the International Fire, Building and Maintenance Codes; and
the required building permits, certificates of occupancy and/or letters-
in-lieu are in place for all existing structures on the property;
and
(6)
Such other information and/or documentation deemed necessary
by the Director.
(B)
Duty to amend. If the status of the information changes during the
course of any calendar year, it is the responsibility of the owner
to submit such changes to the Department of Public Safety in writing
within thirty (30) days of the occurrence of such change. Failure
to do so shall be deemed a violation of this article.
A short term rental permit may be renewed by application to
the Department of Public Safety as in the case of an original permit
application, with payment of a non-refundable renewal fee of twenty-five
($25) dollars and the production of any documents deemed necessary
by the Director. All applications for a renewal of a permit shall
be filed before the expiration of the original permit. A property
owner whose permit has expired and has failed to file for a renewal
of the permit shall be required to pay the amount of fifty ($50) dollars
as in the case of an original application, and a late fee of twenty-five
($25) dollars. A permit may only be renewed by the same owner for
the same property upon the payment of the requisite fees.
(A)
Transferability. Short term rental permits are not transferable.
Any person who transfers a permit or uses a permit that has been transferred
shall be in violation of this Article.
(B)
Authority of Director. The Director may issue a permit upon such
restrictions and conditions he deems reasonable and necessary under
the circumstances.
(C)
Conditions and restrictions of permit. All permits issued pursuant
to this Article shall be subject to the following conditions and restrictions,
whether or not they are itemized on the permit:
(1)
The property used for short term rental shall be the principal
residence (domicile) of the owner at all times during the term of
the permit; and
(2)
There shall be no signage on the property advertising or identifying
the short term rental; and
(3)
The property shall have no commercial-type lighting outside
the building; and
(4)
All outward appearances of the property in which the short term
rental will be located must remain as it was before the permit was
issued. A new entrance (doorway) shall not be installed by the applicant
to accommodate the short term rental. Landscaping around the house
may be changed to accommodate the new use; and
(5)
Sufficient on-site parking must be provided. Said parking shall
be in a driveway or behind the main residence on the property that
is under review for the permit. Accommodations for one (1) car per
short term rental stay and two (2) cars for the owner's family shall
be the minimum off-street parking to be provided; and
(6)
Every bedroom in a short term rental occupied by one (1) person
shall contain at least seventy (70) square feet of floor area and
every bedroom in a short term rental occupied by more than one (1)
person shall contain at least fifty (50) square feet of floor area
for each occupant thereof. Children under five (5) years of age shall
not be included in the definition or calculation of occupancy; and
(7)
No more than two bedrooms with separate or shared bathrooms
within a dwelling unit shall be utilized for a short term rental;
and
(8)
There shall be no cooking facilities in rooms, except for those premises having a valid accessory dwelling unit permit pursuant to Chapter 198. There shall not be any rooms for overnight guests, other than in the main building on the lot. There shall be no structural alterations that prevent the building from being used as a residence; and
[Amended 7-16-2019 by L.L. No. 35-2019]
(9)
No more than a total of ninety (90) days of short term rentals
shall occur within a calendar year; and
[Amended 4-16-2019 by L.L. No. 15-2019]
(10)
Traffic attributed to the short-term rental must not result
in significant adverse impacts to existing traffic patterns nor create
a hazard to pedestrians in the neighborhood; and
(12)
There shall be no assembly at the short term rental property
between 10:00pm and 7:00am; and
(13)
The property owner shall maintain a registry of the names and
dates of occupancy of the short-terms rental occupants. This registry
may be produced for review upon request of the Director.
(14)
The property owner shall maintain compliance with all applicable
state, federal, and local laws.
[Added 4-16-2019 by L.L.
No. 15-2019]
(D)
Notification Requirements. The Director shall provide a packet of
information with the issuance with each permit summarizing the restrictions,
guidelines, and requirements applicable to the short term rental use.
The property owner of the short term rental shall provide a copy of
the information packet to the occupant(s) of the short term rental
property.
Once an application has been denied, no reapplication for a
permit or a renewal of the permit shall be accepted for filing until
the applicant has remedied the conditions that formed the basis for
denial to the satisfaction of the Town.
[Amended 4-16-2019 by L.L. No. 15-2019]
An application for the issuance of a short term rental permit,
or renewal thereof, may be denied under the following circumstances:
(A)
Failure of the owner to file a full, true and complete application;
or
(B)
Failure of the property to be owner-occupied as the owner's principal
residence (domicile); or
(C)
Occupancy of the property or the short term rental area(s), by the
persons using the premises, creates a hazard or public nuisance or
other condition which negatively impacts the use and/or enjoyment
of surrounding properties, or threatens the peace and good order,
or quality of life in the surrounding community as determined by the
Director; or
(D)
The property owner had a previous short term rental permit revoked
by the Town of Huntington.
The grounds upon which a permit can be revoked shall include
but shall not be limited to:
(A)
The permit was issued in error, or issued in whole or in part as
a result of a false, untrue, or misleading statement on the permit
application or other document submitted for filing, including but
not limited to the schematic or certification; or
(B)
The permit has been issued and the Town either has or is in the process
of suspending or revoking the certificate of occupancy or letter in
lieu for the rental property; or
(C)
A short term rental permit has been issued and the owner fails to
continue to occupy the premises on a continuous basis as his primary
residence (domicile); or
(D)
Failure to comply or violating the conditions and restrictions of
the permit as established by the Director or Town; or
(E)
Occupancy of the property or the short term rental area(s) by the
person(s) using the premises creates a hazard or public nuisance or
other condition which negatively impacts the use and/or enjoyment
of surrounding properties, or threatens the peace and good order,
or quality of life in the surrounding community, as determined by
the Director; or
[Added 4-16-2019 by L.L.
No. 15-2019]
(F)
Failure to maintain compliance with all applicable state, federal,
and local laws.
[Added 4-16-2019 by L.L.
No. 15-2019]
[Amended 4-16-2019 by L.L. No. 15-2019]
(A)
Written notice of the Town's intention to revoke a permit shall be
served by registered or certified mail, return receipt requested,
and by regular mail, to the applicant at the address shown on the
application. If the notice is returned by the Post Office as undeliverable
for any reason, as long as it was properly addressed, service of the
notice shall be valid. Said notice shall state that the applicant
is entitled to be represented by legal counsel at the hearing and
may present the testimony of witnesses and such other evidence in
his or her own behalf as may be deemed relevant or necessary.
(A)
At the administrative hearing the applicant shall be entitled to
be represented by legal counsel and provided with an opportunity to
be heard. He may present the testimony of witnesses, experts and other
evidence in his own behalf as he deems necessary and relevant. The
code officer or other person may appear and give testimony or submit
evidence in support of the proposal to revoke the permit. All hearings
shall be recorded and may be adjourned by the Hearing Officer upon
good cause shown.
(B)
Administrative Hearing Officer. The Hearing Officer shall consider
the evidence presented and shall submit his or her findings in writing
within fifteen (15) days of the close of the hearing or sooner. A
copy of the Hearing Officer's report shall be filed with the Department
of Public Safety and Huntington Town Clerk and served on the applicant
or applicant's attorney in the same manner as the original notice.
The Hearing Officer's report shall be final as to the Town of Huntington.
The failure of the applicant or his attorney to appear at the
administrative hearing shall result in the automatic revocation of
the short term rental permit. The order of revocation shall be mailed
to the applicant or his attorney in the same manner as the original
notice.
[Amended 4-16-2019 by L.L. No. 15-2019]
If a permit is revoked, the property owner shall wait one (1)
year from the date of the revocation before being eligible to re-apply
for a new permit. Following the one (1) year period, no application
for a new permit will be accepted for filing until the applicant has
remedied the conditions that formed the basis of the revocation to
the satisfaction of the Director, if applicable. A previous revocation
can be a factor in the determination as to whether a new permit will
be issued. Once remedied, the applicant will have to apply for a new
permit and pay a one-hundred and fifty ($150) dollar application fee.
