As used in this chapter, the following terms shall have the
meanings indicated:
SHORT-TERM RENTAL
Any portion of real property rented for compensation in exchange
for lodging for a period of 31 consecutive days or less. This may
include campgrounds, tent sites or tent platforms and other temporary
structures on the parcel. For the purpose of this chapter, the term
"short-term rental" shall not include a bed-and-breakfast, boarding/lodging
house, hotel, motel, or ongoing month-to-month tenancies.
Renewal permits will be granted for an additional two-year term
if the following conditions are met:
A. Application for renewal of the short-term rental permit/license shall
be made at least 45 days' prior to expiration of current permit/license
and requires payment of renewal fee.
B. At the time of application for renewal, the owner or designated agent
shall present the previous permit/license for short-term rental.
C. The property shall have undergone an inspection performed by the
Code Enforcement Officer.
D. Any violations shall be remedied prior to renewal of a permit/license
for short-term rental.
The property owner is entitled to appeal the Code Enforcement
Officer's determination to the Zoning Board of Appeals when a
property owner's application for a short-term rental permit/license
or a short-term rental permit/license renewal is denied or a short-term
rental permit/license is revoked. A notice of appeal must be filed
with the Town Clerk and the Zoning Board of Appeals within 60 days
of the Code Enforcement Officer's filing of the denial or revocation
with the Town Clerk. A hearing shall be held by the Zoning Board of
Appeals not more than 45 days after the filing of the notice of appeal.
The Town Board of the Town of Lenox has determined that it is
reasonable to allow established illegal short-term rentals to be provided
with sufficient time to comply with this chapter. Therefore, a period
of four months is hereby established for any existing short-term rental
to obtain the permit/license to continue as a short-term rental property.
No portion of this section shall be deemed to provide for a right
to establish a short-term rental on site. Further, the Town Board
has determined that utilization of any property in the Town of Lenox
prior to the adoption of this chapter does not establish a preexisting
legal nonconforming use or business under the Town's Zoning Law
or the Town of Lenox Code.
Any violation of the provisions of this chapter shall constitute
a misdemeanor punishable by a maximum fine of $1,000 or by imprisonment
for not more than six months, or by both such fine and imprisonment.
Each day of continued violation shall constitute a separate and additional
offense.
If the provisions of any article, section, subsection, paragraph,
subdivision or clause of this chapter shall be judged invalid by a
court of competent jurisdiction, such order of judgment shall not
affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this chapter.
This chapter shall take effect upon enactment by the Town of
Lenox Town Board.