Mount Pleasant City Zoning Code
ARTICLE II
Supplemental Regulations
§ 218-11 General provisions.
The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following general supplementary regulations.
§ 218-12 Yards and courts.
A.
Terraces. A paved terrace shall not be considered in the determination of yard size or lot coverage if such terrace is unroofed and without walls, parapets or other forms of enclosure. Such terrace, however, may have an open guard railing not over three feet high and shall not project into any yard to a point closer than five feet from any lot line.
B.
Porches. No porch may project into any required yard. Unenclosed porches shall not be included in determining lot coverages. Any two-story or any enclosed porch, or one having a roof and capable of being enclosed, shall be considered a part of the building in the determination of the size of yard or amount of lot coverage.
C.
Projecting architectural features. The space in any required yard shall be open and unobstructed, except for the ordinary projection of the windowsills, belt courses, cornices, eaves, chimneys and other architectural features; provided, however, that such features shall not project more than two feet into any required yard.
D.
Bay windows. Bay windows, including their cornices and eaves, may project into any required yard not more than two feet; provided, however, that the sum of any such projections on any wall does not exceed 1/4 the length of any said wall.
E.
Fire escapes. Open fire escapes may extend into any required yard not more than six feet; provided, however, that such fire escape shall not be closer than four feet at any point to any lot line.
F.
Walls and fences.
[Amended 9-23-1980; 3-13-2001 by L.L. No. 1-2001; 2-23-2016 by L.L. No. 2-2016]
(1)
Height. The yard requirements of this chapter shall not be deemed to prohibit any necessary retaining wall (NOTE: See § 218-3, Definitions.) nor to prohibit any fence or wall, provided that, in any residence district except an R-40 District, no fence or wall shall exceed four feet in height in any front or side yard or six feet in height in any rear yard, or any other area of a lot, outside of the required yards, measured six inches above the natural grade. In an R-40 District no wall or fence shall exceed six feet in height, measured above the natural grade, when located in a required yard. In instances where authorized by the Town Engineer, staggered retaining walls shall be permitted, provided that the walls meet the height restrictions noted above, and that each wall segment is separated by a distance equal to the height of the wall.
(2)
A building permit shall be required for all walls and fences, which shall be accompanied by a survey depicting the location of the wall or fence in relation to the property line. The requirement for a survey may be waived by the Building Inspector in instances when the location of the wall or fence is not in question.
(3)
Wall design. All walls in excess of four feet in height, or lower walls surcharged above four feet within the height of the wall, shall be designed by a professional engineer licensed in the State of New York, and shall be reviewed and approved by the Town Engineer and constructed with the approved plan.
(4)
Prohibited materials. The following fences and fencing materials are specifically prohibited in any location on the lot upon which a dwelling or structure is situated: barbed-wire fences, sharp-pointed fences, canvas, cloth, electrically charged fences, poultry netting, temporary fences, such as snow fences, expandable fences and collapsible fences.
(5)
Temporary construction fencing, erosion control fencing, snow fencing, crowd control fencing or other similar temporary fencing shall be exempt from these regulations and shall be allowed pursuant to the direction and requirements of, and/or the issuance of a permit by the Building Inspector, Town Engineer, Highway Superintendent or Chief of Police and shall be removed immediately upon completion of its prescribed task or function.
(6)
In instances where a fence has a "good side," the "good side" shall face the neighboring property. The support side of the fence shall face the owner or installer of the fence.
(7)
Maintenance standards. Every fence and wall shall be maintained in a safe, sound, upright condition. Fences shall be set back a minimum of eight inches off the property line to allow for maintenance of the outside side of the fence. The Building Inspector is hereby authorized to reduce this setback to a distance that in his discretion is appropriate given the individual circumstances of the property in question. Under no circumstances shall the fence or its foundation be installed as to disturb or encroach on an adjoining property.
(8)
Location. All fences and walls must be erected within the property lines, and no fences or walls shall be erected so as to encroach upon an adjacent property or a public right-of-way.
(9)
Maintenance enforcement. If the Building Inspector, upon inspection, determines that any fence or portion of any fence is not being maintained in a safe, sound, and upright condition, he shall notify the owner of such fence, in writing, of his findings and shall state briefly the reasons for such findings and order such fence or portion of such fence repaired or removed within 30 days of the date of the written notice. Each day the person fails to obey the order referred to above shall constitute a separate violation of this chapter
(10)
Amortization. Minor repair of less than 25% of the linear feet of a legal nonconforming fence or wall does not trigger compliance with the requirements set forth in this section; however, the cumulative repair of 100% of a fence or wall within a two-year period or less shall trigger the necessity for compliance.
(11)
All walls or fences constructed as of the date of the adoption of this subsection shall comply with the provisions outlined herein. Those walls or fences legally constructed prior to the adoption of this subsection shall be considered legally preexisting. Illegal preexisting walls or fences shall be required to comply with the provisions of this subsection.
G.
Corner lots. On a corner lot in any residence district, there shall be provided a yard on each street equal in depth to the required front yard on such streets. A rear yard shall be provided on each corner lot, and the owner shall have the privilege of electing which yard is the rear yard.
H.
Exception for existing alignment of buildings. If on one side of a street within a given block and within 150 feet of any lot there is pronounced uniformity of alignment of the fronts of existing buildings and of the depths of front yards greater or less than the depths specified in the Schedule of Regulations,[1] a front yard shall be required in connection with any new building which shall conform as nearly as practicable with those existing on the adjacent lots, except that no main building shall be required to set back from the street a distance greater than 40% of the required lot depth.
[1]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.
I.
Exits from kitchens. No door opening from a kitchen or other room outside of which there will be storage of garbage or trash shall be permitted facing a front yard or a side yard of less than 12 feet.
J.
Inner court. The least dimension of any inner court at the sill level of the lowest windows shall be equal to the height of the highest wall forming part of such court.
K.
Outer court. The depth of any outer court shall not exceed 1/2 its width, and such width shall not be less than 15 feet.
§ 218-13 Accessory buildings.
A.
If any accessory building is attached to a main building, including attachment by means of a breezeway or a roofed passageway with open or latticed sides, it shall comply in all respects to the requirements of this chapter applicable to the main building.
B.
All detached accessory buildings shall comply in all respects to the requirements of this chapter applicable to main buildings, except that detached accessory buildings which do not exceed one story or 15 feet in height may be located as provided specifically in the Schedule of Regulations[1] for such accessory buildings, provided that they are located behind the front yard setback line.
[1]
Editor's Note: The Schedule of Regulations is included an an attachment to this chapter.
C.
Except as provided specifically in the Schedule of Regulations, detached accessory buildings shall be located at least twenty five feet from main buildings.
D.
In the R-40 and R-20 Districts only, no uninhabitable shed or garden tool house of any kind, regardless of the type of material used in construction, shall be placed on any lot except in the rear yard thereof; provided however, that such building shall not be placed closer than 25 feet from any dwelling or accessory building and not closer than 10 feet from the rear lot line and not closer than 10 feet from any side lot line.
[Added 11-13-1984; amended 12-23-1985]
§ 218-14 Visibility at intersections.
On a corner lot in any district except a commercial district, no fence, wall, hedge or other structure or planting more than three feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 30 feet distant from the point of intersection, measured along said street line. The height of three feet shall be measured above the road surface at the nearest edge of the road. This section shall not apply to trees with a trunk diameter of less than 15 inches, provided that no branches are closer than six feet to the ground.
§ 218-15 Open space.
Included in every lot thereafter developed in whole or in part for residence, there shall be provided at least the area of open space specified in the Schedule of Regulations[1] for each dwelling unit, which space shall be available and usable for outdoor recreational use and for household activities which are normally carried on outdoors. No area shall be included which has a dimension smaller than 20 feet.
[1]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.
§ 218-16 Height exceptions; projections.
A.
Height exceptions.
(1)
The height limitations of this chapter shall not apply to spires, cupolas and domes of churches nor to chimneys, ventilators, skylights, water tanks, bulkheads or similar features, and necessary mechanical appurtenances usually carried above the roof level, nor to separate structures for community water supply. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are intended to serve, and the total area covered by such features when extending above a building shall not exceed 20% of the roof area.
(2)
The provisions of this chapter shall not prevent the erection above the building height limit of a parapet wall or cornice for ornament and without windows, extending above such height limit not more than five feet.
B.
Projections.
(1)
Awnings. No awning projecting beyond the property line of any lot into the sidewalk portion of a public street shall be erected or maintained on any building or structure unless such awning is at all points at least eight feet above the level of said sidewalk, nor may any such awning project beyond said property line a distance greater than six feet. Any such awning shall be firmly affixed to the building to which it is accessory and shall be entirely supported by such building.
(2)
Marquee or canopy. No permanent marquee or canopy projecting beyond the property line of any plot into a public right-of-way shall be erected or maintained, except that a temporary and removable canopy may be temporarily erected, provided that the canopy shall be at least eight feet above the level of said public right-of-way, and all parts of said canopy and its supports shall be at least 20 inches back of the gutter of said public roadway. The Board of Appeals may permit the construction of a permanent marquee or canopy for a theater or similar establishment serving large numbers of people, extending into the public right-of-way, subject to suitable conditions, including those in the sentence above, provided that the Board shall find that such marquee or canopy will be for the public benefit and will not be detrimental to the orderly development of the district and to safety in the public street.
§ 218-17 Minimum floor area.
[Amended 3-13-2001 by L.L. No. 1-2001]
No dwelling unit erected or created by alteration subsequent to the adoption of this chapter shall have a floor area less than that required in the Schedule of Regulations.[1] Such floor area shall include all floor area used for human occupancy within the exterior walls of the building, as defined in the New York State Uniform Fire Prevention and Building Code, but shall not include open porches or breezeways, basements or uninhabitable or unfinished attic space. For the purpose of this section, a split-level house with principal floors at a different level not exceeding four feet shall be considered a one-floor house.
[1]
Editor's Note: The Schedule of Regulations is included as an attachment to this chapter.
§ 218-18 Excavations and deposit of waste materials.
A.
Excavations. Clay, sand, gravel or other natural mineral deposits or topsoil shall be excavated only subject to the provisions of Chapter 96, Excavations and Topsoil Removal. Any excavation in connection with the construction of a building, which is in excess of 5,000 cubic feet or which is located within 10 feet of a property line, must be approved by the Zoning Inspector, who shall determine that such excavation is necessary to permit construction of the building and accessory facilities and will not endanger neighboring properties. No excess fill shall be removed without a soil removal permit issued under the provisions of the chapter listed above.
B.
Deposit of waste materials. No garbage, rubbish, refuse or other waste material, except soil, gravel, rock or other natural material deposited for the purpose of regrading or landscaping the land on which it is deposited, shall be dumped or deposited in any district within a distance of 100 feet from any highway, water body, stream or property line, nor elsewhere, except after obtaining a permit therefor from the Zoning Inspector upon consent of the Town Board, and further subject to any applicable regulations of the Westchester County Department of Health and the requirement that such dumping or deposit:
(1)
Will not be objectionable by reason of dust, fumes, smoke, odor or vermin or be otherwise detrimental to the public health or safety.
(2)
Will not interfere with drainage to the extent of being injurious to adjacent land, buildings or bodies of water.
(3)
Will not interfere with any public or private sewer or water systems.
§ 218-19 Business entrances on residential streets.
Where a residence district is bounded by a portion of a business district, then any side street extending through such residence district into such business district shall not be used for any business purpose if said business district extends less than 300 feet along the side street, except as herein set forth. The business structure erected in such business district shall face and open upon the street set aside for business purposes, except that show windows in such business structures may be built and exposed on said side street within the area set aside as part of said business district, and an entrance may be made at the corner of such business and residential streets. All other entrances thereto, except to residential parts of the structure, must face on the business street, except that any second means of access required by applicable law shall be permitted even though on such side street. The provisions of this section are not intended to prohibit entrances from such side streets to off-street parking or loading areas.
§ 218-20 House trailers; accessory buildings as residences.
[Amended 4-10-2018 by L.L. No. 1-2018]
A.
House trailers, as defined in this chapter, shall be prohibited from all districts, except that one trailer may be parked or stored in an enclosed accessory garage or accessory building, provided that no living quarters shall be maintained nor any business conducted in connection therewith while such trailer is stored and except that, in districts where lots or showrooms for the display of motor vehicles are permitted, unoccupied house trailers may be displayed for rent or sale. A trailer with wheels or skids removed may be used for residence or business purposes in districts in which such uses are permitted, provided that it conforms to all regulations applicable to such uses.
B.
Any existing accessory building on the same lot with a main residence building shall not be used for residence purposes, except for when occupied by a member of family (e.g., mother, father, child, cousin, aunt or uncle) residing in the principal residence, on a parcel located within the R-40 One-Family Residence Zoning District that is a minimum of 55,000 square feet in area, which is served by public sewer and water, and that complies with all applicable zoning requirements for the R-40 District and all applicable building, fire, electrical, health and other applicable safety codes. Additional off-street parking is not required, unless determined to be necessary by the Building Inspector. No more than one accessory building may be occupied as a residence on a lot.
C.
Should the family member no longer reside in the accessory building, the dwelling unit shall not be reoccupied by any other person, unless in conformance with the provisions of this section. If the accessory building is reoccupied in accordance with this section, notice of reoccupancy, and documentation of compliance with all provisions of this section, shall be immediately provided to the Building Inspector.
D.
This section does not permit the construction of a new accessory building.
§ 218-20.1 Emergency electrical generators: residential.
[Added 2-23-2016 by L.L. No. 2-2016]
A.
An emergency electrical generator that is not permanently mounted to a foundation, slab, or other permanent supporting fixture is movable and is stored when not in use and does not require permits or approvals from the Town of Mount Pleasant, unless considered nuisance as determined by the Building Inspector in regard to periodic use, emissions and/or noise levels.
B.
Residential districts. In all residential districts, a permanently mounted emergency electrical generator shall be permitted, subject to the issuance of a building permit and electrical permit from the Town of Mount Pleasant Building Department, provided that the generator does not exceed 48 kW, is sound-attenuated, and is set back in accordance with the accessory building set back provisions for the zoning district within which the generator is located, with the exception of the R-10 District, where the side and rear yard setbacks shall be 10 feet.
C.
In instances where an emergency electrical generator in a residential district fails to comply with any of the provisions stated above, the installation of said generator shall require site plan approval from the Planning Board, which shall have the discretion to modify any of the provisions stated above, if found to allow for the proper installation of the emergency electrical generator and found to be consistent with the health, safety and general welfare of the community.
D.
All emergency residential generators are exempt from any Town noise ordinance.
[Added 4-23-2019 by L.L. No. 4-2019]
§ 218-20.2 Emergency electrical generators: commercial.
[Added 2-23-2016 by L.L. No. 2-2016]
A.
Nonresidential districts. The installation of a permanent emergency electrical generator at a nonresidential property shall require site plan approval from the Planning Board.
(1)
The emergency electrical generator shall comply with all applicable accessory structure dimensional requirements for the zoning district within which the site is located.
(2)
All emergency electrical generators shall be enclosed, fenced and screened by appropriate landscaping.
(3)
Emergency electrical generators shall meet all requirements for emissions, noise, efficiency, etc. from the Environmental Protection Agency (EPA), New York State Department of Health (NYS DOH), New York State Building and Fire Prevention Codes, the National Fire Protection Association Life Safety Code (NFPA 101), the Occupational Safety and Health Administration (OSHA), the National Electric Code (NEC), the American National Standards Institute (ANSI) and Consolidated Edison (ConEd).
(4)
Once approved, all emergency electrical generators shall remain compliant with any and all revisions to the standards set forth above. Upgrades to comply with new standards shall be made immediately, upon notice to the Building Inspector. Failure to immediately upgrade the generators to maintain compliance with new standards shall result in a violation of site plan approval. No upgrade required to comply with the operational standards shall be undertaken that increases the operating capacity of the generator or increases noise levels or emissions without prior approval of the Planning Board.
(5)
Emergency electrical generators shall be enclosed within a noise attenuation structure, and the generators shall be equipped with a critical grade muffler.
(6)
The noise level resulting from the operation of the generators at any property line, or within any adjacent building, shall not exceed 60 dBA.
(7)
The emergency electrical generators shall be run for testing and maintenance only during daytime hours, or at a time prescribed by the Planning Board or Building Inspector.
(8)
The fuel supply for emergency electrical generators shall comply with all applicable requirements of the NYSDEC petroleum bulk storage regulations.
(9)
In instances when the emergency electrical generators are powered by a liquid fuel supply stored on site (i.e., such as diesel fuel), a fuel spill prevention kit, of adequate capacity to accommodate the fuel stored in the generators, shall be required. The fuel spill prevention kit shall be located on site at all times and shall be maintained in accordance with all applicable standards and specifications.
(10)
The location of an emergency electrical generator shall not interfere or eliminate any other required element of the original site plan approval, such as required off-street loading areas, parking spaces, or open space or buffer yards.
B.
Emergency Electrical Generator Site Master Plan. It is the goal of the Town of Mount Pleasant to minimize the unplanned and disorganized placement of emergency electrical generators on nonresidential properties. Individual building tenant needs should be coordinated so that the number and placement of generators can be well planned and efficiently sited. To encourage site planning to optimize appropriately sited emergency electrical generators, property owners of multitenant sites are encouraged to file and obtain approval of an Emergency Electrical Generator Site Master Plan. This plan will establish the appropriate location and necessary associated improvements for current and future generators accommodating all of the tenants and users of property.
(2)
Once an emergency Electrical Generator Site Master Plan is approved by the Planning Board, the installation of additional generators in accordance with the Master Plan shall not require site plan approval from the Planning Board, and one may directly file for a building permit, electrical permit, or other required permit. No other discretionary approvals are required.
§ 218-20.3 Garden sheds, tool houses, play houses, tree houses, play apparatus.
[Added 10-11-2016 by L.L. No. 9-2016]
A.
Garden sheds, tool house and other related sheds.
(1)
Location in reference to setbacks:
(a)
R-10 District or smaller residential zone district. No shed, regardless of the type of material used in construction, shall be placed on any lot except in the rear yard or between the side yard at the midpoint of structure to a point of the start of the rear lot; provided, however, that such shed shall not be placed closer than 12 feet from main building or deck and closer than five feet from the rear lot line and closer than five feet from any side lot line. These dimensional setbacks shall apply unless a more restrictive provision exists in the Table of Dimensional Regulations for accessory buildings for the zoning district within which the site lays, in which case the more restrictive provision shall apply. A shed in this district shall not exceed 12 feet in height as measured from the ground surface at any point along the base of the shed to the peak or highest point of the roof.
(b)
R-20 District. No shed, regardless of the type of material used in construction, shall be placed on any lot except in the rear yard or between the side yard at the midpoint of structure to a point of the start of the rear lot; provided, however, that such shed shall not be placed closer than 25 feet from main building or deck and closer than 10 feet from the rear lot line and closer than 10 feet from any side lot line. These dimensional setbacks shall apply unless a more restrictive provision exists in the Table of Dimensional Regulations for accessory buildings for the zoning district within which the site resides, in which case the more restrictive provision shall apply. A shed in this district shall not exceed 12 feet in height as measured from the ground surface at any point along the base of the shed to the peak or highest point of the roof.
(c)
R-40 District. No shed, regardless of the type of material used in construction, shall be placed on any lot except in the rear yard or between the side yard at the midpoint of structure to a point of the start of the rear lot; provided, however, that such shed shall not be placed closer than 25 feet from main building or deck and closer than 10 feet from the rear lot line and closer than 10 feet from any side lot line. These dimensional setbacks shall apply unless a more restrictive provision exists in the Table of Dimensional Regulations for accessory buildings for the zoning district within which the site resides, in which case the more restrictive provision shall apply. A shed in this district shall not exceed 15 feet in height as measured from the ground surface at any point along the base of the shed to the peak or highest point of the roof.
(d)
Any other districts. All districts not listed above shall follow the R-40 District requirements.
(2)
Shed heights:
(a)
A shed to be located within an R-20 or R-10 District shall not exceed 12 feet in height as measured from the ground surface at any point along the base of the shed to the peak or highest point of the roof.
(b)
A shed to be located within any other district shall not exceed 15 feet in height as measured from the ground surface at any point along the base of the shed to the peak or highest point of the roof.
(3)
The construction and/or installation of a garden shed or tool house shall require the issuance of a building permit.
(4)
A garden shed, tool house or related structure shall not be served by any utilities except for an electric service for lighting and one ground fault circuit interrupter duplex receptacle circuit w/max 15 amps for basic garden/battery-charged equipment (an electrical permit will be required to be issued by the Building Inspector for all electrical work). A shed shall not be constructed upon a foundation solely designed to support the structure or rest upon a concrete slab greater than six inches. Tie downs are permitted to secure the shed to the ground surface.
(5)
No more than two of either combination of garden sheds, garden tool houses or related structures shall be permitted to be installed on a property located in the R-10 or R-20 Zoning District, provided the combined square footage does not exceed 150 square feet. In the R-40 Zoning District, no more than two such structures shall be permitted, provided the combined square footage does not exceed 250 square feet.
B.
Play apparatus, swing sets and other related recreational equipment.
(1)
In all one-family residential zoning districts, play apparatus, swing sets and other related recreational equipment requiring structural tie down for stability shall be permitted no closer to the front yard than the midpoint of the property or the midpoint of the structure.
(2)
Play apparatus with a footprint greater than 200 square feet, as measured along a line enclosing the outside perimeter of the play apparatus, shall be placed no closer than 10 feet from the rear lot line, and not closer than 10 feet from any side lot line.
(3)
Play apparatus, swing sets and other related recreational equipment shall be limited to 15 feet in height.
(4)
In cases where the footprint of a play area encompassing play apparatus, swing sets or other related equipment is greater than 2,000 square feet, an evergreen planting buffer, utilizing arborvitae or other similar species, shall be provided to shield the play apparatus from the nearest residential neighbor. This screening shall be of an appropriate height and density to adequately mitigate the impacts created by the use of large play apparatus, as determined by the Building Inspector.
C.
Tree houses. A tree house shall be permitted in the rear yard of a lot in any one-family residential zoning district, provided the tree is wholly contained within the lot containing the principal residence, does not exceed 100 square feet in area, has a floor or platform no higher than 12 feet off the ground, is limited to one level or story and that the structure is set back from the rear and side property lines by at least 15 feet. The installation and erection of a tree house requires the issuance of a building permit.
D.
Trash container enclosures. Fully contained trash container enclosures, not exceeding a total gross floor area of 50 square feet, may be located within one foot of a required side or rear yard and may be omitted in shed area calculations. Any trash container enclosure exceeding 50 square feet shall comply with all applicable regulations and requirements as set forth for a garden shed, garden tool house, or playhouse.
§ 218-20.4 Tent garages.
[Added 10-11-2016 by L.L. No. 9-2016]
The installation and erection of a tent garage requires the issuance of a building permit. Tent garages are considered temporary structures, and may be erected for a period of time not to exceed six months. Permits will be issued for a maximum term of six months. An extension of the permit may be issued if the six-month period has elapsed without the tent garage being deployed.
§ 218-20.5 Storage pods.
[Added 10-11-2016 by L.L. No. 9-2016]
Storage pods are temporary in nature and may not be permanent fixtures. Storage pods may be present at a residential property for a period not to exceed 45 days. Storage pods required as part of the renovation or rehabilitation of an existing structure, or the construction of a new structure, may be permitted for a period exceeding 45 days in length, provided said storage pod is included as part of the building permit, is subject to any terms and conditions found to be necessary by the Building Inspector and is removed upon issuance of the certificate of occupancy. In such an instance, said storage pod shall not result in the elimination of any required off-street parking spaces or, when installed within the Town right-of-way, reduce the sight distance for motorists or pedestrians utilizing the roadway.
§ 218-20.6 Short-term rentals prohibited.
[Added 1-24-2023 by L.L. No. 1-2023]
The following regulations shall apply to the rental of properties located within the Town.
A. APARTMENT IMMEDIATE FAMILY MEMBER LIVING ACCOMMODATION MONETARY COMPENSATION MULTIPLE DWELLING OCCUPANT OFFER TO RENT PERSON PREMISES PREMISES OWNER SHORT-TERM RENTAL TRANSIENT
Definitions. Unless otherwise expressly stated, the following terms shall have, for the purpose of this section, the following meaning:
That part of a multiple dwelling consisting of one or more rooms containing at least one bathroom and arranged to be occupied by the members of a family, which room or rooms are separated and set apart from all other rooms within a multiple dwelling.
Parent, grandparent, child, grandchild, sibling, spouse, domestic partner, and any other immediate relative by blood, marriage, or adoption (i.e., cousin, niece, nephew, aunt, uncle, in-law, and stepchild).
A dwelling or premises or portion thereof with a bed or beds and bathroom facilities for the use of the person or persons occupying the dwelling, premises, or portions thereof.
Payment by cash, check, money order, credit card, bitcoin, barter, or other valuable consideration.
A dwelling which is either rented, leased, let or hired out, to be occupied or is occupied as the permanent residence or home of three or more families living independently of each other and is occupied for permanent residence purposes. "Multiple dwelling" shall include apartment dwellings.
A person, other than the premises owner of record filed in the Westchester County Clerk's Office or an immediate family member of the premises owner, occupying living accommodations with the premises owner's express or implied consent.
To personally or through an agent, referral service, representative or other entity or person, communicate or advertise, verbally, in writing, or through electronic means or otherwise, including the internet, the availability for rental or similar use of any living accommodations, or to knowingly allow, commission, authorize, or permit such communication or advertisement.
Any individual, partnership, corporation, joint limited-liability company, limited-liability company, trust or other entity, stock association, and includes any trustee, receiver, assignee, or personal representative thereof, including, but not limited to, any booking or reservation service, lawful lessees, and premises owners.
Immovable property owned or leased by the premises owner or lawful lessee, as applicable.
A person having lawful ownership title or interest to the premises or an immediate family member of said person.
A dwelling unit that is rented, in whole or in part, to any person or entity for a period of less than 29 consecutive nights. "Rental" means an agreement, written or oral, granting use or possession of a residence, in whole or part, to a person in exchange for monetary compensation. "Short-term rental" shall also mean the selling of shares, time-share ownership or the establishing of other ownership, tenancy or use arrangement in which a person obtains a right of occupancy in all or any portion of a residential dwelling unit.
A rental period of 29 nights or less.
B.
Short-term rentals prohibited.
(1)
It shall be unlawful for any person within the Town to rent or license, or offer to rent or license, any living accommodations for monetary compensation or other valuable consideration for a period of less than 30 consecutive nights if the living accommodations are not lawfully licensed or permitted for such use under the Town Zoning Code.
(2)
No occupant, visitor, or other may use, reside, dwell, or otherwise remain in any living accommodations for a period of less than 30 consecutive nights in exchange for monetary compensation or other valuable consideration.
(3)
Any provision of a lease or rental agreement purporting to waive any provision of this section is unlawful.
(4)
Nothing in this section shall be construed as invalidating or impairing the operation of or the right of a landlord to restrict occupancy in order to comply with federal, state or local laws, regulations, ordinances, or codes.
(5)
A person or entity (including a principal of any entity) who rents property from a premises owner or lawful lessee who is in violation of this section shall be deemed to be an accessory to the offense provided herein.
(6)
Any person who shall violate any provision of this section shall first receive a warning of said violation from the Building Inspector. Each violation issued thereafter shall be subject to the penalties of $250 of the first offense, $500 for the second offense and $1,000 for any subsequent offense. Each week a violation continues could constitute separate additional violations.
(7)
In addition to the penalties contained herein, it shall be the right of the Town to seek injunctive relief in any civil court having jurisdiction over this matter to prevent any violation or violations of this section.
C.
Applicability.
(1)
The prohibition on short-term rentals shall apply to all properties within the Town.
(2)
The prohibition on short-term rentals shall not apply to a commercial hotel/motel business, or hospital establishments operating exclusively as such and which are lawfully licensed or permitted for such use pursuant to the Town Zoning Code and regulated by applicable state, county and local law or ordinance.
(3)
The prohibition on short-term rentals shall not preclude the creation of a mortgage, lien, easement or other similar interest that encumbers a residential property as a whole to secure a loan or for any other legitimate purpose.
D.
Severability. If any provision of this article, or the application thereof to any person or circumstance, is held invalid, the remainder of this article, and the application of such provisions to other persons or circumstances, shall not be affected thereby.