[Adopted 12-11-2019 by L.L. No. 2-2019]
As used in this article, the following terms shall have the
meanings indicated:
ADVERTISING
Any form of communication for marketing that is used to encourage
or persuade viewers, readers or listeners to contract for goods and/or
services as may be viewed through various media, including, but not
limited to, newspapers, magazines, flyers, handbills, television commercials,
radio, signage, direct mail, websites or text messages.
AUTHORIZED ACCESSORY DWELLING UNIT
A residential living unit, subordinate to a one-family detached
dwelling unit, that has been approved by the Town of Clarence, and
that has a valid certificate of occupancy, or that has been recognized
by the Town of Clarence as an existing habitable structure for human
habitation, lodging or sleeping purposes.
APARTMENT BUILDING
A building or portion thereof containing three or more dwelling
units arranged, intended, or designed to be occupied by three or more
families living independently of each other in a dwelling unit.
DETACHED DWELLING UNIT
A one-family dwelling unit that is not attached to any other
dwelling by any physical means.
DUPLEX
A structure containing two dwelling units located on a single
lot.
GOOD NEIGHBOR BROCHURE
A document prepared by the Town that summarizes the general
rules of conduct, consideration and respect, including, without limitation,
provisions of the Code of the Town of Clarence, pertaining to the
use and occupancy of a dwelling unit used or occupied as a short-term
rental.
OWNER
A person who is the owner of record of real property as documented
by deed or other document evidencing ownership as recorded.
PERSON
A natural person, partnership, association, company, corporation,
limited-liability company or organization or a member, manager, agent,
owner, director, servant, officer or employee thereof.
SHORT-TERM RESIDENTIAL RENTAL
The use, control, management or operation of a dwelling unit
or accessory dwelling unit, in whole or in part, for dwelling, sleeping
or lodging purposes by short-term rental guests, as defined herein,
for compensation, directly or indirectly.
SHORT-TERM RENTAL GUEST
Any person who rents, licenses, occupies or has the right
to occupy a dwelling unit or accessory dwelling unit, in whole or
in part, for less than 30 consecutive days. Such definition is to
be interpreted broadly to prohibit subleases, occupancies or assignments
designed to circumvent the purposes of this article.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code, and the New York State Energy Conservation Construction
Code, and the Code of the Town of Clarence, and as currently
in effect and as hereafter amended from time to time.
The Town of Clarence hereby finds that unregulated short-term
transient occupancy of dwelling units in residential neighborhoods
presents endangerment to the public welfare relating to compatibility
with residential uses and preservation of the character of the neighborhoods
in which they are located. The purposes of this article are to:
A. Balance the desire of property owners to rent their residential properties
for a reasonable rate of return to short-term rental guests for compensation
against the desire of residents to preserve the traditional character
of their residential neighborhoods;
B. Preserve and protect residential neighborhood livability from impacts
that are often associated with short-term rentals;
C. Comply with the Uniform Code for the health and safety of occupants
of short-term rentals and existing residents.
A parcel is ineligible for short-term residential rental if
it exists within the Residential Single-Family or Planned Unit Residential
development zones.
A short-term residential rental is allowed only if it conforms
to each of the following operating standards and requirements set
forth in this section.
A. Short-term residential rental properties must meet the Uniform Code,
including those pertaining to business licenses and taxes. Properties
must comply with applicable sections of the Uniform Code.
B. Rental accommodations may only be authorized to take place in the
residence on file with the Town in which registration for a short-term
residential rental was approved.
C. Rental accommodations may only be offered in a space intended for
human habitation. For example, a host shall not rent out space to
guests in areas such as an unpermitted basement, garage, attic, or
storage shed.
D. Maximum occupancy of the short-term rental property shall be based
on the Uniform Code requirements. The property owner shall be responsible
for ensuring that the dwelling unit is in conformance with the maximum
occupancy standards.
E. All vehicles associated with the inhabitants of the short-term rental
property must be parked in designated parking areas, such as the driveway
or garage of the respective short-term rental property. All vehicle
parking must be accommodated on site.
F. Weekly solid waste collection is required during all months, and
procedure for waste collection, including dates and times of collection,
must be posted conspicuously within the short-term rental property.
Proper containers for disposal shall be provided for all renters.
G. The property owner must designate a local property representative
who shall be available 24 hours per day, seven days per week, for
the purpose of responding to complaints regarding the condition, operation,
or conduct of occupants of the short-term rental and taking remedial
action to resolve any such complaints. The name, address, and telephone
contact number of the property owner and the local property representative
shall be kept on file at the Town and posted conspicuously within
the residence.
H. In addition to contact information and waste collection procedures,
property owners must conspicuously post a copy of their Town-issued
permit, Good Neighbor guidelines, the short-term rental's advertised
occupancy, the location of designated on-site parking and an evacuation
route map.
I. At the discretion of the Town, the rental property may be subject
to inspection by (including but not limited to) a Code Enforcement
Officer and/or Fire Inspector for purposes of compliance with the
Uniform Code.
J. The permit does not run with the property, but is issued to the property
owner. It shall not be transferred or assigned to another individual,
person, entity, or address. The permit does not authorize any person,
other than the person named therein, to operate a short-term rental
home on the property.