The Village of Hammondsport hereby finds and declares that the rental properties constitute a business which impacts upon public health, safety, and general welfare of the residents of the Village of Hammondsport. In order to respect the property rights and interests of all homeowners and long-term renters in the Village, the following requirements seek to achieve a balance between those who wish to offer their homes and properties as short-term rentals and those who choose not to do so. The intent of this article is to promote the orderly and timely management and maintenance of rental properties in order to protect the public health, safety, and general welfare of the residents of the Village of Hammondsport and to further achieve the following beneficial purposes:
A. 
The protection of the character and stability of residential areas within the community.
B. 
The correction and prevention of housing conditions that adversely affect or are likely to affect the life, safety, general welfare, and health, including the physical, mental and social well-being of persons occupying such properties.
C. 
All short-term rentals are allowed (no permit needed) in zones Business 1 and Business 2, with restrictions, and registered with the Village office and inspected before operating. Refer to § 122-12, B-1 and B-2 Districts.
D. 
All short-term rentals are allowed in medium-density residential and low-density residential zones with a special use permit. Refer to Municipal Code § 122-10.
A. 
In addition to any registry requirements for the Village and the New York Multiple Residence Law, no property owner shall rent to another for occupancy, any rental property unless the owner has first registered the rental property with the Village, in accordance with § 95-4 of this article.
B. 
Any new short-term rental property must be inspected by the Code Enforcement Officer prior to receiving an approval for operation. This will ensure compliance with the New York State Uniform Fire Prevention and Building Code and the Village Municipal Code.
C. 
Special use permits are valid for a period of 24 months, unless revoked. All rental properties subject to this article shall be inspected by the village Code Enforcement Officer every 24 months.
D. 
A special use permit shall be required for each individual property intended to be used for short-term rental purposes. For example, a three-family home where all three dwelling units are proposed to operate as short-term rentals shall require the issuance of one special use permit with the number of dwellings defined.
E. 
Operators that have previously been granted a special use permit for a short-term rental (bed-and-breakfast, and those formerly known as a "boardinghouse") under the zoning law in effect at the time of the granting of such permit, or that are seeking renewal of a special use permit for an existing short-term rental under this zoning law, shall be entitled to a special use permit for such short-term rental, subject only to inspection and approval by the Code Enforcement Officer. A site plan review may be required if exterior building or site changes are proposed.
F. 
Applications for a short-term rental that are not renewals or based on an operating permit previously issued, shall be considered on a first-come, first-served basis.
G. 
A special use permit issued for a short-term rental operation is transferable to a new owner. The new owner of a short-term rental property must file a new application within 60 days, in accordance with the terms of this article if such property is to continue to be used for short-term rental purposes.
H. 
Safety inspection by the Code Enforcement Officer is required prior to issuance of the permit. All inspections by the Code Enforcement Officer must be requested at least seven days in advance. The inspection fee schedule is available at the Village office.
I. 
No short-term rental operation shall be permitted on any property that is in violation of this zoning law or the NYS Building Code.
J. 
Any short-term rental that has failed an inspection with suspension of the permit not to exceed a six-month grace period to remedy the violation(s). Failure to comply, results in the permit being revoked.
A. 
The owner of each rental property shall file with the Village of Hammondsport Clerk, a special use permit application with the following information: name, principal physical residence address, principal business (mailing) address, telephone number, and email for each owner of record.
B. 
If owner is an association, partnership, limited-liability partnership, joint tenant, tenants in common, tenancy by the entirety, or other entity, information as set forth above as to each and every owner, partner, or general partner shall be provided.
C. 
If the owner is a corporation or limited-liability company, the principal place of business of the corporation, the names, titles, and residence address of all the officers, directors, managing or general agents must be provided.
D. 
The owner shall specify the mailing address to which all notices, violations and any invoices for fees are to be delivered.
E. 
The owner may designate on the permit application a person, 18 years of age or older, as the agent whom the owner authorizes to make decisions regarding management and maintenance of the building and upon whom the service of legal process and all notices may be served or delivered. The owner's designation of an agent shall authorize and empower the agent to make all decisions on behalf of the owner.
F. 
The street address of the rental property.
G. 
The number of dwelling units proposed for rental in the building.
H. 
If applicable, the required information must also be provided for the owner-designated agent.
I. 
If the applicant is applying for the renewal of a special use permit, the renewal application must include a written attestation of a continued use as a short-term rental and a copy of the compliance with the New York State Uniform Fire Prevention and Building Code and the Village Municipal Code.
J. 
It shall be the responsibility of the owner to properly register any and all changes of address, agent, or any other revised registration information in a timely manner.
[Amended 9-10-2024 by L.L. No. 1-2024]
In order to respect the property rights and interests of all homeowners and long-term renters in the Village, the following requirements seek to achieve a balance between those who wish to offer their homes and properties as short-term rentals and those who choose not to do so.
A. 
To prevent the over-concentration of short-term rentals in the residential districts, a cap shall be placed on the total number of short-term rental special use permits that are made available for allowed uses in the MDR and LDR Zones. There will only be one permit per property required.
B. 
The cap on short-term rental permits will be reviewed on an annual basis, starting in April of each year by the Village Board. The cap is not to exceed 12% of the (total) number of properties in (the) MDR and LDR Zones.
A. 
The Village shall establish a waiting list for short-term rental permits for instances where the number of applications exceeds the cap of 12% in MDR and LDR Zones (§ 95-11) on the number of allowable short-term rental permits.
B. 
Applications for short-term rentals that are in excess of the cap shall be added to the waiting list in the order in which they are received and shall be considered on a first-come, first-served basis.
C. 
Where an application for a short-term rental is withdrawn by the applicant, or is otherwise denied the issuance of a permit, the next applicant on the top of the waiting list shall be provided the opportunity to have their application processed and reviewed.
D. 
Where a short-term rental permit is revoked, or the applicant allows said permit to expire without securing a new permit under the provisions of this zoning law, the next applicant on the top of the waiting list shall be provided the opportunity to have their application for said permit processed and reviewed.
E. 
The waiting list for short-term rental permits shall be maintained by the Village Clerk. All applications for such permits shall be dated and timestamped upon receipt by the Village as a public record.
F. 
The Village Clerk shall notify applicants on the waiting list within 15 days of the opening of an application spot for a short-term rental special use permit. An applicant that fails to notify the Village Clerk in writing of intent to proceed within 30 days of notification shall be considered to have withdrawn their application and the next in line shall be notified in writing to proceed.
A. 
The violation of any provision of this article is an offense and shall subject the person violating the same to a fine not to exceed $500, or to imprisonment for a term not to exceed 15 days or both.