Short-term rentals are only permitted in the following zoning districts: RM-1, RM-2, B-2, B-3 and MX zones in the Village.

A total maximum of 10 permits per Village fiscal year are allowed.

Subject to the limitations in § 305-85B(4), each zoning district may have a maximum of two permits per Village fiscal year unless the total permits issued Village-wide within 30 days of the Village fiscal year or due to renewal applications are less than 10, in which event, the number of permits allowed in a zone may be increased up to the maximum of 10 permits. Permits shall be issued on a first-come, first-served basis.

All applications for a short-term rental permit must be submitted between June 1 and June 30 of each year. Upon receipt of an application, the Building Department shall contact the applicant for purposes of arranging the inspection required by this article of the Code. Failure to permit said inspection to occur shall result in the permit application being denied.

The Building Department shall have up to 30 days to review and either approve or deny an application, which thirty-day period shall be measured to begin as of the first business day after receipt of the permit application.

All short-term rentals permitted by this article shall be inspected by the Building Department at least every six months and a reinspection conducted between each occupancy.

Once issued, permits are not transferrable.

A short-term rental may not be rented for any other purpose, commercial or otherwise, such as concerts or weddings.

A short-term rental may not be utilized for more than 100 days per year.

All short term rental properties must be registered in accordance with § 305-85 hereof with the Village Building Department within 30 days of the effective date of this article and/or prior to the premises being used as a short-term rental. It shall be the responsibility of the property owner to register any short-term rental property as required by this chapter, and failure to do so shall constitute a violation of these regulations and is subject to the penalties set forth herein.

No additional parking spaces may be constructed between the primary residential structure and the street. The following terms and conditions shall apply to all short-term rentals:

It shall be a violation of this article to offer or engage in short-term rentals unless the short-term rental property has been registered with, and short-term rental permit obtained from the Village Building Department as provided in this section.

The registration of short-term rental property shall be accomplished by submitting a completed registration application on a form promulgated by the Village Building Department in accordance with the provisions of this section. Such form shall contain a minimum the following information:

Upon submission of an application for a short-term rental permit, the property owner shall contact the Building Inspector to schedule an inspection of the short-term rental property. Upon payment by the property owner of such inspection and permit fees as prescribed in the Village's schedule of fees, the Building Inspector shall conduct an inspection of the short-term rental property to determine whether it complies with the Village Code and all applicable NYS Codes and to verify the occupancy limits of the structure.

Upon completion of an inspection of the short-term rental property and ascertaining that the property meets the Village Code's requirements, the Building Inspector shall issue a registration for the property as a short-term rental and the property will then be eligible to apply for a short-term rental permit.

Registration for short-term rentals shall remain in effect as long as there is no change in the record owner of the short-term rental property. Upon a change in ownership, the new owners of the short-term rental property shall be required to once again register it before offering it for short-term rentals.

In the event that the Building Inspector denies an application to register short-term rental property, the property owner may appeal the denial to the Village Board within 30 days of issuance of notice of the denial to the property owner.

Short-term rental registration may not be transferred to any other person or property, or used by anyone other than the person to whom it was issued.

In the event that there is any change in the information provided by a property owner in his application for a short-term rental registration, he or she shall advise the Village Building Department in writing of such change no later than 48 hours after such occurrence. Failure to advise the Building Department of a change in the information provided by the property owner in his application shall constitute a violation of this article.

It is the responsibility of the property owner to comply with all terms and provisions of this article and to ensure that short-term rental tenants, guests and invitees comply with this article and the terms and conditions of the short-term rental permit. Any failure of short-term rental tenants, guests and invitees to comply with this article and the terms and conditions of a short-term rental permit shall be attributed to the failure of the property owner to discharge his or her responsibility to ensure such compliance.

Upon receipt of a complaint or upon his own initiative, the Building Inspector may investigate any property for failure to comply with the terms of this article.

If, upon investigation, the Building Inspector determines that a violation of this article and/or of the terms and conditions of a short-term rental permit has occurred on short-term rental property, he shall issue a written notice of the violation to the property owner and shall provide a copy of the same to the Village Board.

The Building Inspector may also issue a notice of suspension if it is determined any of the information contained within the permit application is false or if the short-term rental property is found at any time to be in violation of the NYS Building Code[1] or other aspect of the Village Code.

Revocation and suspension notices shall be in writing, shall identify the property, shall specify the violation or remedial action to be taken and shall provide that said violation must be corrected within 10 days from the receipt of said violation unless otherwise extended by the Building Inspector. The property owner or resident agent shall take the remedial action prescribed or may file a written notice of appeal received by hand delivery or mail by the end of the identified period of remediation. The revocation or suspension of the short-term rental shall be stayed pending either a decision on the appeal by the Village Board or a finding by the Building Inspector that the remedial action is acceptable to correct the violation.

Violations of this article will constitute a municipal violation and will be subject to applicable penalties under this article. The penalties for violation of this article shall be in addition to any penalties imposed for violation of other provisions of the Village Code and/or the New York State Uniform Fire Prevention and Building Code,[1] and/or the New York State Energy Conservation Construction Code.

Conviction of violation of the provisions of this article shall be punished by a fine of not more than $1,000 per violation for the first occurrence and $1,000 per day for subsequent offenses, and revocation of the short-term rental permit for a period not to exceed three years.

If any fine is not paid in the time established by the court, it shall become a lien against the real property which was found in violation of this article and may be assessed and levied against such real property and collected in the same manner as real property taxes.

The imposition of penalties herein prescribed shall not preclude the Village or any person from instituting appropriate legal action or proceeding to prevent unlawful short-term rental of property in violation of this article, including, without limitation, civil actions for injunctive relief to immediately terminate any existing short-term rental occupancy of buildings, land or premises.