[Adopted 2-7-2022 by L.L. No. 1-2022; amended 3-6-2023 by L.L. No. 4-2023]
This chapter is intended to protect the health and safety of
Town residents and visitors as follows:
A. Allow and regulate transient rental uses of residential dwellings;
and
B. Protect and preserve the Town's appropriately balanced commercial
and residential nature and unique, tranquil neighborhood character
as enacted by the Town's zoning, subdivision, property maintenance
and related local laws; and
C. Protect and ensure the safety of its current and future residents
as well as those traveling to or visiting in the Town; and
D. Prevent to the greatest extent practicable public safety risks, including,
but not limited to, noise, trash, traffic, and parking impacts associated
with unregulated short-term rental of dwellings.
For the purpose of this chapter, the words and terms shall be interpreted as set forth in §§
57-2 and
57-3 of the Zoning Local Law.
Any false information or misrepresentations made in the application
or during the application process shall result in an enforcement action
pursuant to this chapter and may lead to the denial of an application
or revocation of the permit. Where an application is denied or permit
revoked based on this provision, the individual making such false
information or misrepresentations shall be barred from applying for
any new short-term rental permit for a period of 24 months. Additionally,
where this provision results in the revocation of a short-term rental
permit, the subject premises associated with the permit shall be barred
from receiving a short-term rental permit, regardless of applicant,
for a period of 24 months following the revocation for false information
or misrepresentation.
Substantive amendments to a permit, including but not limited to an increase in the number of bedrooms used for short-term rental purposes, shall be processed in the same manner as an initial, new application, but upon approval shall not be deemed to restart the probationary term as described in §
40-4C.
A short-term rental permit is not transferable, except that
upon the death of a permit holder, the permit will transfer to an
immediate family member or family members, where those family members
inherit ownership of a minimum of a 50% interest in the legal title
to the property that is the subject of the short-term rental permit.
Immediate family includes a person's parents, spouse, siblings,
stepparents, stepchildren, children, and their children's spouses.
[Adopted 2-6-2023 by L.L. No. 3-2023]
As used in this article, the following words shall have the
meanings indicated:
DORMITORY
A building primarily providing sleeping and/or residential
quarters for large numbers of people including but not limited to
boarding schools, college or university students.
DWELLING UNIT
Any residential area, space, or housing unit in any zoning
district which is occupied for habitation as a residence by persons
other than the owner or the owner's immediate family.
IMMEDIATE FAMILY
For the purpose of this article immediate family shall mean as set forth in §
57-3 (Family).
MANAGING AGENT
Any individual, business entity, enterprise, trust, association,
public utility or other legal entity responsible for the maintenance
or operation of any residential rental property.
MIXED USE OCCUPANCY
A building or portion thereof that is utilized or occupied
for more than one use or purpose. This article shall apply only to
the dwelling units contained within mixed-use occupancy buildings.
MULTIPLE RESIDENCE
A building or portion thereof designed for or occupied by
three or more family units living independently of each other.
OWNER
Any person, business entity, or association who, alone or
jointly with others, holds a fee interest in real property with or
without accompanying actual possession thereof; or a managing agent
who is responsible for the maintenance and/or operation of real property;
or an executor, administrator, trustee, receiver or guardian of an
estate; or a mortgagee who has secured a judgment of foreclosure and
sale, or who is in possession, title or control of real property,
including but not limited to a bank or lending institution, regardless
of how such judgment, possession, title or control was obtained.
RENTAL PROPERTY
Dwelling unit(s) in one and two family homes, multiple residences,
dormitories, and mixed-use occupancy buildings in any zoning district
which are occupied for habitation as a residence by persons other
than the owner or the owner's immediate family and for which
a fee or other compensation is received by the owner or managing agent,
directly or indirectly, in exchange for such residential occupation.
The term "rental property" shall exclude properties used solely for
nonresidential purposes; one family homes which continue to be the
primary and permanent residence of the owner but are leased or occupied
by one other than the owner or owner's immediate family for six
months or less in any calendar year; two-family homes where the owner
or a member of the owner's immediate family resides in one of
the two dwelling units; short-term rentals; legal habitable dwellings
detached from the main residence of the owner or owner's immediate
family on the lot; multiple dwellings where the owner or owner's
immediate family reside on site; large multiple residence developments
or communities having approved bylaws and a homeowner's association,
board or similar management organization on-site with jurisdiction
over rental property, and the on-site office is manned during regular
business hours and has an emergency hotline available for use during
nonbusiness hours; those having valid accessory dwelling unit permits;
any property owned and/or operated by the United States, the State
of New York, the County of Orange, Town of Monroe and their respective
agencies and political subdivisions; any property managed or operated
by a not-for-profit organization to provide community-based housing
in compliance with guidelines established by New York State, Orange
County, or the federal government, and the property is certified and
inspected by the requisite governmental agency pursuant to said guidelines.