As used in this chapter, the following terms shall have the meanings indicated:
BED-AND-BREAKFAST FACILITIESAny building or property being operated lawfully as a bed-and-breakfast facility in accordance with Chapter
150 (Zoning) of the Code.
BEDROOMA room in any building or structure designed or used primarily for sleeping or, as in the case of a studio apartment, a common room used for sleeping purposes which otherwise complies with the requirements of the Uniform Code and any other applicable New York State laws in respect of the use of a room as a bedroom or for sleeping quarters. Rooms having other purposes, such as dens, kitchens, living rooms or hallways, are not to be interpreted or used as a bedroom.
BONA FIDE TENANTWith respect to any dwelling unit, a tenant who is not a related to any owner-related person in respect of such dwelling unit and who has entered into a written lease in respect of such dwelling unit on an arm's length basis in exchange for the payment of fair market rent.
BUILDING INSPECTOROne or more persons that have been appointed by the Board of Trustees for purposes of enforcing the New York State Fire Prevention and Building Code and regulations of the Village, including this chapter and Chapter
150 (Zoning) of the Code pursuant to §
53-3 of the Code.
DOMESTIC PARTNERWith respect to any natural person, either (A) the spouse of such person or (B) any other person living in a committed relationship with such person and who is recognized or treated as a "domestic partner" of such person pursuant to either (i) applicable law, including the terms of Chapter
121 of the Code of the Town of Southold or (ii) joint coverage under employee benefits, including health insurance policies.
DORMITORY-STYLE SLEEPING ARRANGEMENTSAny room or space in a building or structure that contains more than two sleeping accommodations (including beds, cots, bunks, or mattresses) not separated by permanent walls and doors, or used for sleeping by three or more unrelated persons in a common open area.
DWELLING UNITAny building or other structure, or entirely self-contained portion thereof, which has a separate means of ingress and egress and provides complete independent living facilities for one or more persons. To qualify as a dwelling unit, a space must contain its own exclusive and functional kitchen, a sanitation facility and space for living and sleeping. This definition applies whether the dwelling unit is in a principal building or an accessory building or structure, including any apartment, house, condominium or residential cooperative. This definition expressly excludes any bed and breakfast facilities, hotel or motel that has otherwise been approved pursuant to, and is operating in accordance with, Chapter
150. Any apartment in any condominium or residential cooperative shall be considered a separate dwelling unit for purposes of this chapter.
ELIGIBLE DWELLING UNITEither (A) a single-unit rental property or (B) a dwelling unit located in a principal building on a two-dwelling property. No accessory building or structure, as those terms are defined in Chapter
150, may be an eligible dwelling unit or portion thereof, except with respect to any apartment constituting a single-unit rental property. Except where such dwelling unit has been approved and used as a rental property in any Chapter
150 zoning district prior to the Village's adoption of Local Law 8 of 2025, an eligible dwelling unit may only be located in a residentially zoned district upon compliance with § 150-6E(2).
EMPLOYEE HOUSINGAny dwelling unit or portion thereof that is owned, leased or otherwise controlled, directly or indirectly, by a business entity and which is intended to be made available for use or occupancy by one or more employees, contractors or affiliated personnel of such business.
EXEMPTED SHORT-TERM RENTALWith respect to any dwelling unit, any short-term rental of such dwelling unit that has been booked in respect of such dwelling unit prior to the date of adoption of Local Law 8 of 2025 which satisfies the following conditions: (A) such short-term rental is booked for dates occurring on or prior to the twelve-month anniversary of the effective date, (B) with respect to any such short-term rental booked for dates occurring more than 90 days after the effective date, the owner is unable to cancel or terminate such short-term rental booking without incurring a penalty, fee or breakage costs, and (C) such short-term rental has been as identified as an "exempted short-term rental" in the list delivered to the Building Inspector by the owner of such dwelling unit pursuant to §
103-6E(5).
HOSTED SHORT-TERM RENTAL PERMITA rental permit issued in respect of any eligible dwelling unit that is a single-unit rental property where one or more owners or resident tenant of such eligible dwelling unit will be physically residing at such eligible dwelling unit (including for sleeping purposes) during any tenant's stay. The issuance of a hosted short-term rental permit shall be subject to the satisfaction of the conditions set forth in §
103-6C(1)(a) and
(b) below.
INCIDENTAL TO RESIDENTIAL USEWith respect to any short-term rental of any dwelling unit: (A) the applicable dwelling unit is owned by the owners thereof principally for personal enjoyment and occupancy (whether as a principal or secondary residence) and not as an investment, rental or commercial asset for passive income purposes and (B) the short-term rental of the applicable dwelling unit is only incidental to the primary use of the such eligible dwelling unit for residential living purposes of the owner or owner(s) and guests (except for resident tenants, but no other tenants).
KITCHENA room or portion of a room in any dwelling unit that is used or intended to be used for the cooking and preparation of food and that contains a sink, cooking appliance (such as a stove, hot plate or oven) and refrigeration equipment, each of which is permanently installed.
LISTING AGENTAny person who lists or advertises or provides leasing, rental or booking services in respect of any dwelling unit (or any portion thereof), including, without limitation, any natural person that works as a real estate agent or any legal entity that provides a service whether on-line, through a website application or otherwise which is in the business of offering or providing a list of available options for lodging, rentals (including short-term rentals) and/or vacation or temporary stays, including, without limitation, such websites and applications as Zillow, "Apartments.com", Airbnb, VRBO, Tripadvisor, "Booking.com", Vacasa, Hometogo or other similar website and applications. For the avoidance of doubt any "booking service" as defined in N.Y. Real Prop. Law § 447-a constitutes a "listing agent for purposes of this chapter.
LONG-TERM RENTAL PERMITAny rental permit issued in respect of a dwelling unit pursuant to this chapter other than any short-term rental permit.
MULTIFAMILY PROPERTYAny property or lot on which there are more than two dwelling units whether located in one or more buildings located on such property or lot.
OWNERWith respect to any dwelling unit or portion thereof, any person (including any natural person or legal entity) holding a present, non-contingent ownership interest in such dwelling unit, whether in fee simple, as a life estate, through a beneficial interest in trust or as a proprietary leaseholder in a residential cooperative. Such ownership interest must include the legal right to possess, use and enjoy the entire premises (or the individual dwelling unit, in the case of a residential cooperative) for residential purposes. If the bylaws, charter, operating agreement or other constituent document governing any applicable legal entity provides that a member, partner or other person has an interest in the applicable legal entity only for the period of occupancy or use of a dwelling unit (or a portion thereof) such person shall not constitute an owner in respect thereof. In the case of any residential cooperative, an owner shall mean the natural person or natural persons holding shares, directly or indirectly, through a trust in a cooperative housing corporation that entitle such natural person or persons to the exclusive possession and use of a specific dwelling unit in such residential cooperative pursuant to a proprietary lease. In the case of any dwelling unit owned through a trust, the owners of such dwelling unit shall be each natural person with an undivided present non-contingent right to possess and reside in such dwelling unit pursuant to the terms of such trust.
OWNER RELATED PERSONA person with an ownership interest, whether by deed, by membership interest in the case of a limited liability company, by partnership interest in the case of a partnership, or by shareholder or corporate officer interest in the case of a corporation.
OWNER REPRESENTATIVEWith respect to any dwelling unit, a duly appointed natural person with the legal capacity to act on behalf of the owner of such dwelling unit.
OWNER-OCCUPIEDWith respect to any dwelling unit, such dwelling unit is used for residential living purposes by one or more owners of such dwelling unit and one or more owners physically resides (or intends to reside) at such dwelling unit for not less than 120 days in any calendar year.
OWNER-OCCUPIED SHORT-TERM RENTAL PERMITA rental permit issued in respect of any eligible dwelling unit that is a single-unit rental property which is owner-occupied. The issuance of an owner-occupied short-term rental permit is subject to the satisfaction of the conditions set forth in §
103-6C(1)(a) and
(c) below.
PERSONAny natural person, association, firm, syndicate, company (including any limited liability company), trust, partnership, corporation, department, bureau or agency or any other entity recognized by law.
PRINCIPAL RESIDENCEWith respect to any dwelling unit, an owner maintains a full-time permanent residence at such dwelling unit for residential living purposes and physically resides (or intends to reside) at such dwelling unit not less than 270 days in any calendar year.
RELATED PERSONWith respect to any dwelling unit, each owner of such dwelling unit and each domestic partner of an owner of such dwelling unit.
RENTALOccupancy or use of any dwelling unit (or any portion thereof) for residential living purposes by one or more tenant.
RENTAL PERMITWith respect to any dwelling unit or portion thereof, a permit issued by the Building Inspector to the owner of such dwelling unit to expressly permit the use or occupancy of such dwelling unit or portion thereof as a rental unit. The following types of rental permits are provided for pursuant to this chapter: (a) a hosted short-term rental permit, (b) an owner-occupied short-term rental permit, (c) a resident short-term rental permit and (d) a long-term rental permit.
RENTAL UNITA dwelling unit or any portion thereof that is a rental.
RESIDENT DWELLING UNITWith respect to any principal building located on a two-dwelling property, one of the two dwelling units located in the principal building that is not (and is not intended to be) used as a short-term rental.
RESIDENT SHORT-TERM RENTAL PERMITA rental permit issued in respect of any eligible dwelling unit that is a located on a two-dwelling property where the resident dwelling unit is resident-occupied. The issuance of a resident short-term rental permit shall be subject to the satisfaction of the conditions set forth in §
103-6C(1)(a) and
(d) below.
RESIDENT TENANTWith respect to any dwelling unit, one or more bona fide tenants who have the right to exclusive possession and use of such dwelling unit for residential living purposes pursuant to the terms of a written lease agreement with the owners of such dwelling unit with a term of not less than 12 consecutive months.
RESIDENT-OCCUPIEDWith respect to any resident dwelling unit, either: (A) such dwelling unit is the principal residence of one or more owners of such dwelling unit, or (B) such dwelling unit is the occupied by a resident tenant.
RESIDENTIAL LIVING PURPOSESWith respect to any dwelling unit and a specified person or persons, such dwelling unit is physically occupied by such specified person or persons principally for customary residential habitation purposes, including sleeping and cooking.
RESIDENTIAL ZONE, RESIDENTIAL DISTRICT or RESIDENTIALLY ZONED DISTRICTAny district or zone in the Village that is principally zoned for, and restricted to, residential use pursuant to Chapter
150 from time to time; as of the effective date, properties located in the R-1 One-Family Residence District and the R-2 One- and Two-Family Residence District are the only residential zones or residentially zoned districts. Zones in which residential uses are permitted but where other commercial uses are generally permitted shall not be considered to be "residential zones" or a "residentially-zoned district" for purposes of this chapter; as of the effective date, properties located in the CR Retail Commercial District, CG General Commercial District and the WC Waterfront Commercial District shall not be considered to be residential zones or residentially zoned districts.
SHORT-TERM RENTALThe rental of any dwelling unit (or any portion thereof) for a term of less than 30 consecutive days. Hotels, motels and bed-and-breakfast facilities that are being operated in accordance with Chapter
150 and for which all required and necessary permits, approvals and/or certificates are currently in place and valid shall not constitute a short-term rental.
SHORT-TERM RENTAL PERMITAny of the following: a hosted short-term rental permit, an owner-occupied short-term rental permit or a resident short-term rental permit.
SINGLE-UNIT RENTAL PROPERTYAny (A) dwelling unit located in the principal building on a single-dwelling property or (B) apartment located in a condominium or residential cooperative that is in existence as of the effective date.
TENANTWith respect to any dwelling unit, or any portion thereof, any person that is not an owner of such dwelling unit and who has the right to occupy such dwelling unit or portion thereof overnight in exchange for compensation (whether in the form of rent, provision of services or other forms of compensation) to, or on behalf of, or as directed by, the owner or owners of such dwelling unit.
TENANT-OCCUPIED RENTAL PROPERTYAny dwelling unit that is (or is intended to be) the subject of a resident short-term rental permit where the resident dwelling unit is occupied by one or more resident tenants (as opposed to one or more owners).
TWO-DWELLING PROPERTYAny property or lot located in a residential zone on which there are two dwelling units (but not more than two dwelling units).
UNIFORM CODEThe New York State Uniform Fire Prevention and Building Code and any related rules or regulations adopted by New York State or New York State agencies or departments in respect thereof as in effect from time to time.
The following terms shall have the meaning set forth for such term in Chapter 150 of the Code: "Accessory Building or Structure"; "Apartment"; "Building"; "Basement"; "Condominium"; "Hotel"; "Lot"; "Motel"; "Multifamily Dwelling"; "Principal Building"; Residential Cooperative" and "Structure." |