[[1]HISTORY: Adopted by the Town Board of the Town of Greenport 12-28-2021 by L.L. No. 3-2021; amended in its entirety 9-3-2025 by L.L. No. 8-2025. Subsequent amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 48, Automobile Junkyards, adopted 6-7-1967, as amended, was repealed 5-7-2014 by L.L. No. 1-2014. See now Ch. 78, Junkyards.
A. 
Short-term rentals are permitted to operate within the Town of Greenport subject to each of the following:
(1) 
Site plan approval by the Town of Greenport Planning Board is required for all short-term rental units.
(2) 
Registration with the Building Department in accordance with § 48-3 of this chapter.
(3) 
A resident of the Town of Greenport, either as an individual or through an entity in which such individual holds equity and voting interests, may operate up to three short-term rental units.
(4) 
Any person who owns a dwelling unit in the Town of Greenport but is not a permanent resident of the Town of Greenport, but resides in the Town at least 50 days per year, may operate such dwelling unit as a short-term rental unit for up to a maximum of 315 days per calendar year.
(5) 
No short-term rental unit shall be located above the second floor of any building unless such floor has a fire sprinkler system or has otherwise been constructed in accordance with the requirements of the New York State Uniform Fire Prevention and Building Code requirements for residential occupancy of such floors. Each sleeping room within a short-term rental shall have affixed to the occupied side of the entrance door to the sleeping room a written notice stating the means of egress from the room in case of fire or other emergency, the location of means for transmitting fire alarms, if any, and the evacuation procedures to be followed in the event of a fire or smoke condition, or upon activation of a fire- or smoke-detecting or other alarm device.
B. 
A building or portion thereof that is not entitled to be operated as a short-terra rental pursuant to this chapter but was entitled to operate as a short-term rental prior to the adoption of this chapter may continue to so operate provided the owner registers the short-term rental in accordance with § 48-3 of this chapter within 90 days of the effective date.
C. 
Any violation of the provisions of this chapter shall constitute a violation punishable by the fines set forth in § 48-5. Each day of a continued violation shall constitute a separate and additional offense.
As used in this chapter, unless the context clearly requires otherwise, the following terms shall be defined as:
DWELLING UNIT
A building or entirely self-contained portion thereof containing complete independent living facilities for a single family, including permanent provisions for living, sleeping, eating, cooking and sanitation.
SHORT-TERM LODGING ACCOMMODATIONS
Overnight accommodations, typically paid on per price night rate, for a length of stay under 30 consecutive days.
SHORT-TERM RENTAL
A dwelling unit or room within a dwelling unit with its own access and egress that is separately made available to the public for short-term lodging accommodations and is not in a hotel or motel that has a manager on the property for at least eight hours a day on such days as it has rooms that are rented or available for rent.
A. 
Each applicant for a short-term rental under this chapter shall register its short-term rental by written application on a form supplied by the Building Department setting forth the following:
(1) 
The name, residence (postal address) and telephone number of the owner of the short-term rental and the name under which the applicant intends to do business, if different. If the owner is not a resident of the Town of Greenport, a local contact person must also be provided.
(2) 
The exact location of the short-term rental.
(3) 
A description of the type of short-term rental, including buildings, structures and/or rooms that comprise the registered premises.
(4) 
A statement of the number of lawful housing or lodging units at said short-term rental and the maximum number of persons that can lawfully be accommodated in the registered premises and each individual unit thereof at any given time.
(5) 
The number and location of the automobile parking spaces and parking facilities at the premises.
(6) 
In the case of any applicant that is a corporation, limited-liability company, partnership or other entity:
(a) 
The place of incorporation or establishment of the applicant.
(b) 
A copy of the applicant's certificate of incorporation, limited-liability organizational instruments, partnership agreement or other organizational documentation.
(c) 
Any fictitious or assumed name under which the applicant does business.
(d) 
The names and residences of all stockholders, partners, members or other principals holding 5% or more of any stock or other interest of the applicant.
(e) 
The names and residences of all officers, directors, or members of the entity and the office held by each.
(7) 
Proof of homeowner's insurance.
B. 
An application fee of $250 shall accompany the application form, along with a copy of the executed site plan approval signed by the Planning Board chairperson.
C. 
Registrations of short-term rentals shall be renewed every three years by application. No additional site plan review or approval shall be required unless modifications are significant or materially affect the previously approved site plan.
A. 
Each short-term rental shall be inspected by the Code Enforcement Officer or Fire Inspector to determine compliance with the New York State Uniform Fire Prevention and Building Code. Inspections shall be scheduled with the Building Department following registration with the Building Department and no less than every three years thereafter.
B. 
The Town Board may set a fee by resolution for the cost of such inspections, which shall be paid by the owner.
C. 
Following inspection and payment of the requisite fee, the Code Enforcement Officer shall issue a permit indicating the number of approved units and any other stipulations that may apply. Permits shall be valid for three years and subject to renewal in accordance with § 48-3 of this chapter.
A. 
This chapter shall be enforced by the Code Enforcement Officer of the Town of Greenport or their authorized representative, agent or employee. In addition, violations of site plan review may be referred by the Planning Board to the Code Enforcement Officer.
B. 
Whenever it is determined that there has been a violation of any provision of this chapter, a compliance order may be issued to any person not complying with prohibitions, limits, requirements or provisions of this chapter.
C. 
Compliance orders shall be in writing and shall identify the property or premises and shall specify the violation or remedial action to be taken and shall provide that said violation must be corrected within 10 calendar days from the receipt of said violation notice, unless said 10-day period shall be modified, in writing, at the discretion of the Code Enforcement Officer, or their representative, issuing such violation notice.
D. 
Failure of the property owner to remove or correct the violation by the end of the time interval specified in the compliance order shall constitute an offense punishable by a daily fine of $1,000 per day, in addition to and not in lieu of any other penalty or fine set forth in the Town Code. Unpaid fines shall constitute a lien and charge against said real property until fully and completely discharged.
E. 
In the event an operator of a short-term rental is found guilty by a court of law with respect to the use of a short-term rental in violation of Chapter 48 (Short-Term Rentals), Chapter 65 (Dumps and Dumping), Chapter 72 (Garbage, Rubbish and Refuse), Chapter 90 (Noise), or Chapter 101 (Site Plan Review) of the Greenport Town Code, the right to operate a short-term rental shall be terminated for a period of two years from the date of such ruling.