A.

General provisions.

1.

The special uses for which conformance to standards are required shall be deemed to be permitted uses in their respective district, subject to the satisfaction of the requirements and standards as determined by the board of trustees in addition to all of the requirements of this ordinance.

2.

All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case.

B.

Plan approval.

1.

A plan for the proposed development of a site for a permitted special use shall be submitted with an application for a special use permit and such plan shall show the location of all buildings, parking areas, traffic access and circulation drives, open spaces, landscaping, and any other pertinent information that may be necessary to determine if the proposed special use meets the requirements of this ordinance, and to enable the village engineer to ascertain the adequacy of the existing facilities, such as sewers, storm drains, roads, etc., for the use requested by the applicant.

2.

The board of trustees shall submit such application to the planning commission and the zoning board of appeals for recommendation. The planning commission and the zoning board of appeals shall review the application and within 30 days after the receipt of such application, make a written report to the board of trustees setting forth its findings and recommendations concerning the application. In making its recommendations, the planning commission may suggest any revision to the site plan or other plans as will, in its opinion, cause the proposed use to be in substantial conformance with the comprehensive plan and its principles of land use and development.

3.

The board of trustees shall conduct a public hearing on all applications for a special use permit in accordance with the procedures and requirements established elsewhere in this ordinance and in the Village Law of the State of New York. The applicant or his duly authorized agent shall be present and be authorized to accept or reject such modifications to the application as may be proposed by the board of trustees.

4.

Within a reasonable time from the date of such public hearing, the board of trustees shall either approve or disapprove the application so heard. No special use shall be permitted unless the plan submitted therefor shall have been first approved by a majority vote of the full board of trustees.

a.

If an application is approved by the board of trustees, the building inspector shall be furnished with a copy of the approving resolution of the board and he shall issue the permit applied for in accordance with the conditions imposed by the board of trustees.

b.

If any application is disapproved by the board of trustees, the reasons for such denial shall be set forth in the board's resolution and a copy of such resolution shall be transmitted to the building inspector. The building inspector shall deny the application accordingly by providing the applicant with a copy of the board's reasons for disapproval.

c.

The building inspector shall transmit one copy of all approved and denied applications to the planning commission and one copy of all approved applications to the tax assessor.

C.

Expiration.

1.

A special use permit shall be deemed to authorize only one particular special use and shall expire if the special use shall cease for more than three months for any reason.

2.

A special use permit shall expire on the December 31 of any calendar year where the special use has not been conducted for a period of eight months during such calendar year.

3.

The determination as to whether a special use is being conducted shall be determined based upon the average intensity of operations of similar uses within the village or, if there be none, upon a comparison with similar uses in areas outside the village. Where such use is observed to fall below the average level of operations, such use shall be deemed to have ceased.

D.

Standards applicable to all special uses.

1.

The location and size of the use, the nature and intensity of the operation involved, the size of the site in relation to it, and the location of the site with respect to the existing or future streets giving access to it, shall be such that it will be in harmony with the orderly development of the district, and the location, nature and height of buildings, walls and fences will not discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.

E.

Whereas the necessity for certain specific uses is recognized and at the same time appreciating the fact that they or any one of them may be, or become, inimical to the public health, safety, and general welfare of the community if located without consideration to the existing conditions and surroundings, the following standards and proceedings are hereby established which are intended to provide the board of trustees with a guide for the purpose of reviewing certain uses not otherwise permitted in this appendix.

F.

The village board, the planning commission and the zoning board retains the right to inspect the site after start-up to ascertain that the conditions of the special use permit are adhered to. If the conditions are not adhered to, the board of trustees shall notify the permit holder of such noncompliance by registered or certified letter. If the permit holder fails to correct the noncompliance within ten days, the board of trustees may rescind the special use permit.

1.

Public utilities. Public utility uses may be permitted in any district with a special use permit. No special use permit shall be issued unless the board of appeals shall determine that:

a.

The proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.

b.

The design of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.

c.

Adequate and attractive fences and other safety devices will be provided.

d.

A buffer strip ten feet in width shall be provided around the perimeter of the property.

e.

Adequate off-street parking shall be provided.

f.

All of the area, yard and building coverage requirements of the respective zone will be met.

2.

Gasoline stations and motor vehicle repair shops. Gasoline service stations may be permitted in such districts as specified in section 9 of this ordinance provided that the following standards are observed:

a.

The existing four gasoline stations shall be permitted to continue to operate at their present locations but no further permits for construction of new gasoline stations will be issued except as follows:

i.

In the event the owner of an existing gasoline station shall divest himself of the ownership of said station or in the event that a change in oil company or brand takes place, but the station is intended to remain in business under new ownership and purveying products of the same or a different oil company or brand, the special use permit shall remain in force, except that the design for any change, alteration or modification to existing buildings, signs, pumps or other facilities shall be submitted to the planning commission and the zoning board for review and recommendation as to the conformance with the existing special use permit.

ii.

In the event a gasoline station goes out of business in that it does not conduct sales in the usual course of business for a period of three months, and the special use permit is deemed to have expired pursuant to paragraph C, a replacement gasoline station will be permitted, provided the new location is consented to by the board of trustees. The board of trustees shall first submit such application to the planning commission for its recommendations.

b.

In addition to the information required in the special permit application, the site plan submitted shall also show the number and location of fuel tanks to be installed, the dimensions, and capacity of each storage tank, the number and location of pumps to be installed and the type of structure and accessory buildings to be constructed.

c.

The area and yard specifications for motor vehicle service stations are identified in the schedule of this ordinance.

d.

The entire area of the site traveled by motor vehicles shall be hard surfaced.

e.

Any repair of motor vehicles shall be performed in a fully enclosed building and no motor vehicle shall be offered for sale on the site. No motor vehicle parts, or partially dismantled motor vehicles shall be stored outside of an enclosed building.

f.

No vehicles shall be permitted to be standing or parked on the premises of a motor vehicle service station other than those serviced or used by the employees in the indirect or direct operation of the establishment.

g.

Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective island if provided for in a suitable stand or rack.

h.

No motor vehicle service station or public garage shall be located within 500 feet of any public entrance to a church, school, library, hospital, charitable institution, or place of public assembly. Such distance shall be measured in a straight line from said public entrance to the lot line nearest said entrance along the street line.

i.

Where a motor vehicle service station abuts a residential zone, it shall be screened by a buffer area no less than ten feet in depth composed of densely-planted evergreen shrubbery, solid fencing, or a combination of both which, in the opinion of the board of appeals, will be adequate to prevent the transmission of headlight glare across the zone boundary line. Such buffer screen shall have a minimum height of six feet above finished grade at the highest point of the station. The materials used shall be in keeping with the character of the adjacent residential area. If said shrubbery becomes decayed and fails to provide an adequate screen, the building inspector may direct the property owner to replace said shrubs.

j.

All fuel pumps shall be located at least 20 feet from any street or property line and shall be adequately maintained and properly supervised.

k.

In addition to the sign requirements for business uses in the business district, each motor vehicle service station shall be permitted to have one stationary, nonmoving, free-standing or pylon sign setting forth the name of the station and for the principal products sold on the premises, including special company or brand name, insignia or emblem, provided that such sign shall not exceed 20 square feet in area on either of two sides and shall be hung within the property line and no less than ten feet nor more than 25 feet above the ground.

l.

Service stations may also exhibit one temporary sign located no less than ten feet inside the property line and specifically setting forth special seasonal servicing of automobiles, provided that such sign does not exceed seven square feet in area.

3.

Reserved.

4.

Reserved.

5.

Reserved.

5a.

Bed and breakfast residences. Principal buildings may be used as a bed and breakfast residence in such districts as specified in section 9 of this Local Law provided that the additional following standards and requirements are met:

a.

The quarters to be utilized by the guests or the occupants of the premises shall not be permitted in any accessory structure.

b.

The principal building in which the use is permitted shall be occupied by the owners as their principal residence.

c.

The use by guests shall be temporary only.

d.

Serving of meals to paying guests shall be limited to breakfast.

e.

One off-street parking space shall be provided for each room or rooms designated a living quarter in addition to the parking spaces for the off-street parking spaces for the residence.

f.

The standards for review as set forth in section 10R4 shall be considered as additional standards that may be considered by the board of trustees in considering the request for granting of the special use permit.

g.

The standards and regulations governing this permitted use shall not be construed to exclude the requirement of further conditions and standards as determined by the board of trustees to be necessary and to be met upon the granting of such permit.

h.

The permit issued hereunder shall be for a one-year period, from the date of its issuance, and may be renewed for one-year periods upon such conditions as determined by the board of trustees.

i.

Application for a permit or renewal of a permit shall be accompanied by the applicable fee and a certification to the board of trustees that the premises are in compliance with all applicable New York State health and building codes for the intended use.

j.

If not otherwise required by the Village Law, smoke detecting units as required by chapter 8 of the village Code shall be required.

5b.

Short-term rental regulations.

a.

Purpose. The purpose of this Code is to regulate the short-term rental of dwelling units within the Village of Lewiston, NY and to establish comprehensive registration and licensing regulations to safeguard the public health, safety and welfare by regulating and controlling the use, occupancy, oversight and maintenance of short-term rental properties. The village seeks to thoroughly monitor and regulate those who offer their homes as short-term rental properties in order to minimize any potential detrimental impact this commercial enterprise may have upon the residential character of predominantly owner-occupied neighborhoods.

b.

Definitions.

Code enforcement officers. The code enforcement officers of the department of code enforcement of the Village of Lewiston, or their designee.

Local contact. The owner's representative who is the point of contact for any guest(s) for the duration of the guest(s) stay in the short-term rental.

Owner. Any person, partnership, business, corporation or other entity that has an ownership interest in the subject property.

Platform. A reservation and/or payment service provided by a person or entity that facilitates a short-term rental transaction between a short-term rental operator and a prospective short-term rental guest, and for which the person or entity collects or receives, directly or indirectly through an agent or intermediary, a fee in connection with the reservation and/or payment services provided for the short-term rental transaction.

Short-term rental. Also referred to [as] vacation rental and/or transient rental, is a non-occupied dwelling unit consisting of a single-family residential structure or a dwelling unit in a two-family structure (duplex) that is rented as a whole unit and under a single family booking for a period of less than 30 days.

Special permit. An authorization issued by the code enforcement officer for a particular land use permitted by the village zoning ordinance, which is subject to the requirements imposed by village code to ensure that the proposed use is in harmony with said zoning ordinance and will not adversely affect the surrounding community if such requirements are met.

c.

Short-term rental standards. Special permits are a privilege not a right that is subject to revocation. For short-term rentals which require a special permit, the following conditions shall be required and cannot be waived:

1.

It is unlawful for any person to operate a short-term rental within the Village of Lewiston without first obtaining a special permit issued by the village board of trustees as set forth in this Code below. Subsequent to the issuance of a special permit, the owner of a short-term rental must also obtain a short-term rental operator license, issued by the department of code enforcement.

2.

Only the owner of record (not a renter or lessee) is eligible to apply for a special permit.

3.

Special permits for short-term rentals are non-transferable; any change in ownership requires a new special permit and licensing.

4.

The short-term rental must be owner-managed and operated or managed by a local manager.

5.

Short-term rentals shall only be permitted on properties that comply with all the requirements contained in this Code.

6.

Short-term rentals are not permitted in a multi-unit (three or more) residential structure.

7.

The dwelling unit must be rented in its entirety and not as separate rooms.

8.

A short-term rental may only be used for overnight accommodations and shall not be used for gatherings, including, but not limited to, cultural events, weddings, private events, special or sales events, bachelor or bachelorette parties or other similar party or activities, funerals, fundraisers, or similar group-type gatherings.

9.

Only structures approved for residential use under the New York State Building Code are to be covered by a special permit. Mobile homes, RVs, travel trailers, yards, sheds, garages, vehicles, tents, yurts and similar non-permanent structures are prohibited from use as a short-term rental.

10.

No cooking facilities are permitted in the individual bedrooms or any other rooms where guests can sleep.

11.

A short-term rental shall comply with all residential property requirements contained in the Village of Lewiston Codified Ordinances. The owner shall include trash/recycling containers, the trash services collection schedule and instructions for proper trash disposal within the rental rules provided to each renter.

12.

Exterior signs identifying the property as a short-term rental are permitted by permit only.

d.

Permitted area. [Map of the area is on file with the village.]

e.

Special permit requirements. The owner of a short-term rental unit must first apply for and obtain a special permit, issued by the village board of trustees, prior to operating. As part of the application process under this Code, the following information must be submitted to the department of code enforcement:

1.

Completed application, together with all applicable fees, payable to "Village of Lewiston."

2.

An inspection report to be completed, signed and approved by code enforcement officer as well as fire inspector showing that the rental unit is compliant with all applicable state and local building and safety codes and regulations.

3.

An emergency evacuation route interior floor plan of the entire residential unit.

4.

Proof of general liability coverage insurance appropriate to cover the short-term rental use in the aggregate of not less than $1,000,000.00 ($1,000,000.00 umbrella policy) or conduct each short-term rental transaction through a platform that provides equal or greater insurance coverage. The Village of Lewiston, will be listed on the insurance certificate as "certificate holder".

5.

Health and safety requirements:

a.

All short-term dwelling units shall provide working fire extinguishers and NYS Fire Code compliant smoke and carbon monoxide detector/alarms.

b.

No sleeping rooms shall be located above the second story or basement unless basement area has been approved by inspector.

c.

A "emergency evacuation route" shall be affixed to the occupied/interior side of the entrance door of each bedroom, indicating:

1.

Means of egress from each room within the dwelling;

2.

Location of means for transmitting fire alarms, if any; and

3.

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.

f.

License—Application; renewal and fees. In addition to the requirements contained in subsection e. above, the owner of a short-term rental unit must also possess a current and valid short-term rental license, issued by the code enforcement officer, prior to operation.

1.

Application. Short-term rental licenses may be obtained by filing an application with the code enforcement officer. The short-term rental license application shall be signed by all persons and entities that have an ownership interest in the subject property, shall be accompanied by payment of the annual permit fee and shall be completed on the form provided and established by the village clerk, and shall, at a minimum, provide the following information:

a.

The name, address, phone number, and email contact information of the owner(s).

b.

The address of the dwelling unit associated with the short-term rental.

c.

A signed attestation by the owner providing that:

1.

The dwelling unit complies and will continue to comply with all standards contained in this Code, the village zoning ordinance and all other applicable laws, standards and regulations.

2.

The owner has read, understands, and agrees to comply with all legal duties imposed by this Code and the village zoning ordinance.

3.

Designation by the owner of a registered local contact/emergency contact who shall be available 24 hours per day, seven days per week with the ability to respond to any complaint within 45 minutes for the purpose of responding to complaints regarding the condition, operation, or conduct of occupants of the short-term rental unit and taking immediate action to resolve any such complaints.

4.

The owner will notify all property owners within 200 feet of the subject premises that the property is to be used as a short-term rental. Also, emergency contact/local contact information will be provided to neighboring properties.

2.

Procedure upon filing application.

a.

Upon the filing the license application, license fee, and all documents and information required by this section, the code enforcement officer shall review the application and then either issue the license, with or without conditions, or notify the owner in writing that the application has been denied along with the reason for the denial. If a license is issued, the license shall bear the signature of the code enforcement officer.

b.

In reviewing the application, the code enforcement officer will inspect the short-term rental property for purposes of ensuring compliance with this Code. If an inspection authorized herein is conducted, the code enforcement officer shall use the results of such inspection in determining whether to issue the license, with or without conditions, or to not issue the license.

c.

In issuing a short-term rental license, the code enforcement officer may impose such reasonable conditions and restrictions as are directly related to and incidental to the use of the property for short-term rentals, so long as such conditions and restrictions are consistent with the requirements of the village zoning ordinance, including this Code, and are imposed for the purpose of minimizing any adverse impact the issuance of the short-term rental license may have on the neighborhood or community.

d.

The code enforcement officer may decline an application for any of the following reasons:

1.

The application is incomplete; the documentation required by this Code was not included with the application, and/or; the full license fee, in an acceptable form of payment, was not included with the application.

2.

The code enforcement officer previously issued a short-term rental license to any of the owner needing to sign the short-term rental license application and such owner had a short-term rental license revoked within the previous year.

3.

The attestation provided by the owner evidences that the subject property is not in compliance with this Code, the village zoning ordinance or any other applicable law, standard and/or regulation.

4.

The inspection conducted by the code enforcement officer authorized in this Code indicates that the subject property is not in compliance with this Code, the village zoning ordinance or any other applicable law, standard and/or regulation.

3.

License renewal. Renewals shall be obtained in the same or substantially similar form and manner as the initial license, and shall also require the following information to be submitted to the code enforcement officer at least 30 days prior to the expiration of the short-term rental license:

a.

The owner's short-term rental license has not been revoked in the previous year.

b.

Updated contact information, if applicable.

c.

Acknowledgement that the owner is responsible for each and every occupant's compliance with the Village of Lewiston's Codified Ordinances while they are on the property.

d.

Acknowledging that the owner agrees to indemnify and defend the village against any third-party claims based upon the veracity of the foregoing statements

e.

Copy of the advertised short-term listing.

4.

Annual license fee. An applicant who receives a special permit, shall be issued a short-term rental license, valid for one year from date of issuance. The owner of a dwelling unit shall comply with the requirement of subsection 3. above and shall remit an annual renewal fee.

5.

Application process for reoccurring special permit holders. Any owner possessing a current and valid special permit, issued pursuant to this Code, must apply for a short-term rental license as set forth in subsection f.1. above within 60 days from the effective date of this Code. Any owner that fails to apply within time period set forth herein shall not be permitted to operate a short-term rental. Owners that timely apply for a short-term rental license shall be permitted to operate until the code enforcement officer either approves or denies the application. The owner of a dwelling unit shall comply with the requirement set forth in subsection 3. above and shall remit an annual renewal fee.

g.

Occupancy.

1.

Overnight occupancy of the short-term rental unit shall be determined upon inspection.

2.

The owner shall maintain a guest registry identifying the names and addresses of adult guest(s), as well as the arrival and departure dates for each adult guest.

3.

The guest registry shall be made available any of the various departments of the Village of Lewiston, NY, upon request.

h.

Owner/tenant responsibilities.

1.

The owner of a short-term rental shall be responsible for any nuisance violations arising at a property during short-term rental activities.

2.

The owner of a short-term rental shall fully comply with all applicable state and local fire, building, health and safety laws, and all relevant local ordinances, including village parking standards.

3.

The owner must conspicuously post the short-term rental license in a protected mounting in the public corridor, hallway or lobby of the dwelling for which the license was issued. This posting shall be in a common entrance. If no common entrance exists, then posting shall be made at the entrance of each dwelling unit.

4.

With respect to the dwelling unit which the tenant occupies, controls or uses, the owner shall be responsible for the following standards:

a.

Occupancy limitations and the lawful use of a dwelling unit;

b.

Maintenance of the dwelling unit/property in a clean, safe and sanitary condition per Village of Lewiston Codified Ordinances.

c.

Maintenance of plumbing, cooking and refrigeration equipment, appliances, fixtures and facilities contained in the dwelling unit in a clean and sanitary condition.

d.

Keeping exits in the dwelling unit free and clear of obstacles and debris.

e.

Keeping domestic animals and pets in an appropriate manner and under control, to the extent that domestic animals and pets are permitted on the premises by the owner. Renters must abide by all village leash laws as well as pet waste clean-up laws.

f.

All occupants and visitors to the short-term rental unit shall comply with all relevant parking codes contained in per the Village of Lewiston Codified Ordinances. In addition, occupants and visitors shall park motor vehicles only on-site (if the property is designed to accommodate onsite parking) or off-site where parking adjacent to the property is allowed. Notice of the parking locations allowed and other requirements shall be conspicuously posted on the inside of the short-term rental unit.

g.

Ensuring that all occupants of the dwelling unit refrain from making any disturbing or excessive noise between the hours of 10:00 p.m. and 7:00 a.m. (weekdays) 11:00 p.m. and 7:00 a.m. (weekends) which would annoy or disturb the peace, quiet or comfort of a reasonable person of normal sensibilities. Each short-term rental unit shall be required to prominently display a notice in the backyard and/or pool area that indicates that unreasonable noise is prohibited under the Codified Ordinances of the Village of Lewiston.

5.

Compliance with other laws. The owner shall ensure that any short-term rental fully complies with the provisions of this Code, the village zoning ordinance, and all other applicable laws.

i.

Violations—Penalties and enforcement.

1.

Any special permit and/or license issued pursuant to this Code is subject to continuing compliance with the conditions set forth herein, as well as any applicable laws, codes, regulations or ordinances.

2.

The code enforcement officer or his designee shall be given access to the premises for the purpose of making inspection as deemed necessary from time to time to ensure compliance with these regulations and with applicable state and local codes.

3.

Inspection fee. Every property owner shall pay a fee, subject to the to be assessed against the property, per Village Code Chapter 1, General Provisions, section 1-7, general penalty; continuing violations, for each inspection in which violations of state or local laws, codes, regulations and/or ordinances are found.

4.

In the event that the code enforcement officer determines that a violation exists, it shall inform the owner by written correspondence, hand delivered or sent via first class mail to the address provided on days, to remedy all existing violations or show cause for delay, which may only be granted once, to be determined by the code enforcement officer, for a time period not to exceed 14 days.

j.

Failure to remedy violations.

1.

Following the expiration of the time period set forth in subsection i. above, the owner of the short-term rental unit shall be guilty of a violation and such license will be immediately suspended for a period of 60 days. Continued failure to remedy an initial violation following the 60-day suspension, the short-term rental unit special permit shall be considered guilty of a second violation and be subject to violation fines.

2.

The owner of the short-term rental guilty of a second violation shall be further suspended for a period of 120 days. Continued failure to suspended remedy a second violation following the 120-day suspension, shall be considered a third violation and subject to violation fines.

3.

The owner of the short-term rental guilty of a third violation shall be immediately revoked for that owner and location.

k.

Non-permitted/licensed operation. No person shall operate a short-term rental unit without a current special permit and/or license issued pursuant to this Code. In the event that the code enforcement officer determines that a violation of this subsection exists, it shall inform the operator by written correspondence, hand delivered or sent via first class mail to the address of the property in question. The operator will be given 72 hours to cease operating the subject property as a short-term rental unit. Should such unpermitted/unlicensed operation continue after 72 hours, the operator shall be in violation of this Code and be subject to the penalties.

(Code 1978, app. B, § 11; L.L. No. 1-1973; L.L. No. 9-1973, § 3; L.L. No. 6-1979, § 4; L.L. No. 2-1981, §§ 1, 2; L.L. No. 7-1983, § 3; L.L. No. 3-1984, § 4; L.L. No. 13-1984, § 7; L.L. No. 6-1991, § 1; L.L. No. 2-1993, §§ 1, 2; L.L. No. 1-2023; L.L. No. 3-2023)