TOWN OF LIVONIA A LOCAL LAW -2018

Transcription

1 TOWN OF LIVONIA A LOCAL LAW A LOCAL LAW AMENDING CHAPTER 150 (ZONING) OF THE CODE OF THE TOWN OF LIVONIA TO CHANGE VARIOUS SECTIONS AND ADD REGULATIONS PERTAINING TO SHORT-TERM RENTALS Be it enacted by the Town Board of the Town of Livonia (hereafter Town ) the Local Law entitled, A Local Law to amend the Zoning Code of the Town of Livonia and to change various sections and add regulations pertaining to short-term rentals is as follows: SECTION 1: Purpose. The purpose of this Local Law is to amend the Zoning Code of the Town of Livonia to regulate short-term rental of homes within the Town. The Town recognizes that, from time to time, property owners within the Town wish to rent their homes. Accordingly, in order to protect the property rights and interests of all homeowners in the Town, this Local Law seeks to achieve a balance between those who would offer their homes as short-term rental properties and those who choose not to do so. SECTION 2: Authority. This local law is enacted pursuant to the provisions of the Municipal Home Rule Law and the Town Law of the State of New York. SECTION 3: Amendments to Chapter 150, Article I, Section Definitions. A. Section of the Zoning Code of the Town of Livonia is hereby amended with the insertion of a new definition for DWELLING, MULTIFAMILY which shall replace the existing definition in its entirety. The new definition shall read as follows: DWELLING, MULTIFAMILY A building or portion thereof that contains three or more separate Dwelling Units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes for any period or length of time. B. Section of the Zoning Code of the Town of Livonia is hereby amended with the insertion of a new definition for DWELLING, SINGLE-FAMILY which shall replace the existing definition in its entirety. The new definition shall read as follows: DWELLING, SINGLE-FAMILY A building that contains one Dwelling Unit used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes for any period or length of time. C. Section of the Zoning Code of the Town of Livonia is hereby amended with the insertion of a new definition for DWELLING, TWO-FAMILY which shall replace the existing definition in its entirety. The new definition shall read as follows: 1

2 DWELLING, TWO-FAMILY A building that contains two separate Dwelling Units used, intended or designed to be used, rented, leased, let or hired out to be occupied for living purposes for any period or length of time. D. Section of the Zoning Code of the Town of Livonia is hereby amended with the insertion of a new definition for DWELLING UNIT which shall replace the existing definition in its entirety. The new definition shall read as follows: DWELLING UNIT A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. E. Section of the Zoning Code of the Town of Livonia is hereby amended with the insertion of a new definition for HOTEL which shall replace the existing definition in its entirety. The new definition shall read as follows: HOTEL A building not previously utilized as a Single-Family Dwelling, Two-Family Dwelling or Multifamily Dwelling, which contains rooms intended, designed, or used, rented or hired out, to be occupied for sleeping purposes by transient guests and/or the general public. F. Section of the Zoning Code of the Town of Livonia is hereby amended with the insertion of a new definition for MOTEL which shall replace the existing definition in its entirety. The new definition shall read as follows: MOTEL A building or group of buildings, whether detached or in connected units, not previously utilized as a Single-Family Dwelling, Two-Family Dwelling or Multifamily Dwelling, which are used as individual sleeping units designed primarily for transient automobile travelers and providing accessory off-street parking and, if desired, restaurant facilities. The term Motel shall also include tourist courts, motor lodges and similar uses. G. Section of the Zoning Code of the Town of Livonia is hereby amended with the insertion of a new definition for SHORT-TERM RENTAL to read as follows: SHORT-TERM RENTAL A Dwelling Unit that is rented, in whole or part, to any person or entity for a period of less than thirty (30) consecutive nights as such use is regulated by Article XVII of the Code of the Town of Livonia. Within the context of this definition, rental means an agreement granting 2

3 use or possession of a Dwelling Unit, in whole or part, to a person or group in exchange for consideration valued in money, goods, labor, credits, or other valuable consideration. Use of a Short-Term Rental property by a record owner of such property, without consideration being paid, shall not be considered to be a rental under this definition. SECTION 4: Amendment to Chapter 150, Article II, Section Certificates and permits. Section of the Zoning Code of the Town of Livonia is hereby amended with the insertion of a new section E. which shall read as follows: E. Certificate for Registration of Short-Term Rental. The Code Enforcement Officer is hereby empowered to issue a certificate to evidence the registration of a Dwelling Unit for use as a Short-Term Rental as defined in Section and as regulated by Article XVII of the Code of the Town of Livonia. SECTION 5: Amendment to Chapter 150, Article II, Section Application procedures. Section of the Zoning Code of the Town of Livonia is hereby amended with the insertion of a new section E. which shall read as follows: E. Procedures for Registration of Short-Term Rental. All applications to register a Short-Term Rental shall be made to the Building and Zoning Department office and shall comply with the requirements of Article XVII The Code Enforcement Officer shall determine whether an application is in proper form to complete the required registration. SECTION 6: Amendment to Chapter 150, Article II, Section Revocation and expiration of Certificate of Registration. Section A. of the Zoning Code of the Town of Livonia is hereby amended with new language which shall replace the existing section in its entirety. The new Section A. shall read as follows: A. The Code Enforcement Officer may revoke a zoning permit at any time if it appears that the application is in any material respect false or misleading or that work being completed differs materially from that proposed in the application. The Code Enforcement Officer may revoke a Certificate of Registration for any previously registered Short-Term Rental if it appears that the application for such registration is in any material respect false or misleading or if such use is not in compliance with the regulations set forth in Article XVII SECTION 7: Amendment to Chapter 150, Article VI, Section B. NR Neighborhood Residential District. Permitted uses. 3

4 Section B. of the Zoning Code of the Town of Livonia is hereby amended with the insertion of a new section B. (7) which shall read as follows: (7) Short-Term Rental, subject to the requirements of Article XVII SECTION 8: Amendment to Chapter 150, Article X, Section A. Off-Street Parking and Loading Regulations. Applicability. Section A. of the Zoning Code of the Town of Livonia is hereby amended with new language which shall replace the existing section in its entirety. The new Section A. shall read as follows: A. In all districts, every industrial, business, institutional, recreational, residential or other use shall provide, at the time of any change of use, when any building or structure is erected, enlarged or increased in capacity or at the time of registration of any Short-Term Rental pursuant to Article XVII, off-street parking for motor vehicles in accordance with the requirements of this and other applicable sections of this chapter, especially site plan approval in accordance with Article XIV, landscaping in accordance with Article IX and the access management standards of Article XV. SECTION 9: Amendment to Chapter 150, Article X, Section B. Off-Street Parking and Loading Regulations. Location of required spaces. Section B. of the Zoning Code of the Town of Livonia is hereby amended with new language which shall replace the existing section in its entirety. The new Section B. shall read as follows: B. For Multifamily Dwelling and Short-Term Rental, required off-street parking shall be located as close to the pertinent use as possible, given site conditions, and in no case more than 200 feet from the building it is required to serve. SECTION 10: Amendment to Chapter 150, Article X, Section Off-Street Parking and Loading Regulations. Computation of required spaces. Section of the Zoning Code of the Town of Livonia is hereby amended with the insertion of a new section D. which shall read as follows: D. Each property used for Short-Term Rental purposes shall provide off-street parking in compliance with the provisions of Article X of not less than one parking space for each two (2) permitted adult occupants. Guest and/or invitees of such occupants must park in the allotted spaces designated above for occupants of the Short-Term Rental. In no event shall on street parking be permitted by tenants or guests. SECTION 11: Chapter 150 (Zoning) of the Code of the Town of Livonia is hereby amended with the insertion of a new ARTICLE XVII to read as follows: 4

5 Article XVII: Short-Term Rental Regulations: Short-Term Rental Regulations. All Short-Term Rental uses shall meet the following standards: A. Maximum Occupancy. The maximum occupancy for Single-Family Dwelling or Dwelling Unit used for Short-Term Rental shall be: (1) The maximum number of people allowed shall be calculated on the basis of 2 permitted adult occupants for each parking space serving the property, with a maximum number of occupants not to exceed that permitted by the New York State Uniform Fire Prevention and Building Code (Uniform Code). B. Off-Street Parking. (1) Any property used for Short-Term Rental purposes must have sufficient off-street parking spaces to accommodate the maximum occupancy, in compliance with the requirement of Article X, D. (Computation of required spaces.) of this Chapter. (2) Tenants and guests shall park in the off-street parking spaces required by Article X, D. of this Chapter and shall not park on any neighboring properties (without permission), or on the street. C. Noise. All tenants and guests shall comply with the Town of Livonia Noise Regulations as set forth in Article XVIII of the Code of the Town of Livonia. D. Miscellaneous Regulations. (1) Advertisements for Short-Term Rental uses must conform to what is permitted under these regulations and to the information provided at the time of registration of such Short-Term Rental. (2) Any property used for Short-Term Rental shall at all times be in full compliance with all requirements of the Livingston County Guest Room Occupancy Tax Law. (3) All Dwelling Units being used for Short-Term Rental purposes shall have posted on or about the inside of the front main door of such Dwelling Unit a card listing emergency contact information. Such information shall include, but not be limited to: the name, address and phone number of all property owners (including daytime/nighttime number as well as cell phone number), if local, or a local manager/agent, and a second local contact person (with name, address and daytime/nighttime phone number as well as cell phone number) who will be available to address problems and/or emergencies that may arise, and instructions for dialing 911 for emergency/fire/ambulance assistance. This information shall also be posted on the outside of the Dwelling Unit near the main door 5

6 or in a window in such a fashion where it is easily visible from the street. A local manager/agent shall be able to respond in person to the property within one hour. E. Registration Required for Short-Term Rental. An owner of property that wishes to utilize all or a portion of such property for Short-Term Rental purposes shall first register such property and use and obtain a Certificate of Registration from the Town of Livonia Office of Building and Zoning. (1) No Short-Term Rental use shall be lawful or permitted until such use has been registered with the Town of Livonia pursuant to the terms of this section. (2) Registration of a Short-Term Rental shall be valid for up to two (2) calendar years, shall expire on December 31 st of the second (2 nd ) year after such registration, and must be renewed prior to expiration as long as any portion of the property is to be used for Short- Term Rental purposes. (3) The Short-Term Rental registration is transferrable to a new owner, so long as the new owner updates such registration with the Town to reflect all new ownership and contact information, and agrees in writing to comply with the requirements of the Short-Term Rental registration and these regulations. (4) Upon registration of a Short-Term Rental pursuant to this section, the Code Enforcement Officer shall issue a Certificate of Registration evidencing such registration and the date of expiration of such registration (5) The Code Enforcement Officer may revoke a Certificate of Registration for any previously registered Short-Term Rental if it appears that the application for such registration is in any material respect false or misleading or if such use is not in compliance with the regulations set forth herein and the owner may be subjected to the penalties of Article IV, Section of the Code of the Town of Livonia, and the penalties set forth below. F. Short-Term Rental Registration Application Requirements. An application for (or renewal of) a registration for a Short-Term Rental shall be submitted to the Town Code Enforcement Officer, signed by all persons and/or entities that have an ownership interest in the subject property, shall be accompanied by payment of a registration fee, to be determined from time to time by the Livonia Town Board, shall be accompanied by proof of ownership, shall be completed on the form provided by the Town, and shall provide the following information: (1) The name, address and phone number of all property owners (including daytime/nighttime number as well as cell phone number), if local, or a local manager/agent, and a second local contact person (with name, address and 6

7 daytime/nighttime phone number as well as cell phone number) who will be available to address problems and/or emergencies that may arise during the entire time the Short- Term Rental property is being rented. (2) The adult maximum occupancy and vehicle limits for the Short-Term Rental unit. (3) Identification of the number of and location of parking spaces available. (4) A statement that all tenants and guests must comply with the Noise Regulations of the Town of Livonia, as set forth in Article XVIII of the Code of the Town of Livonia, which sets strict limits on noise levels between 11:00 p.m. and 7:00 a.m., which regulations will be enforced by the Livingston County Sheriff s Department, the New York State Police, or any law enforcement agency properly exercising jurisdiction over the subject premises or incident. (5) A statement that the Certificate of Registration for Short-Term Rental may be revoked for any violation of this Article. (6) That any issued Certificate of Registration shall expire on December 31 st of the second (2 nd ) year for which it is effective. (7) If relevant circumstances on the Short-Term Rental property change or if for any reason the registration information is or becomes inaccurate, updated and/or corrected information shall be provided. G. Compliance, Enforcement and Penalties. Owners of Short-Term Rental units shall obey and shall ensure that their tenants and guests obey all applicable laws, ordinances and regulations of the Town of Livonia, Livingston County, New York State and the United States of America. Owners, tenants and guests of Short-Term Rental units shall be subject to the enforcement and penalty proceedings contained in this Article and elsewhere in Chapter 150 of the Code of the Town of Livonia. (1) A violation of this Article may result in a Certificate of Registration for a Short-Term Rental being revoked and is punishable by a fine not exceeding Five Hundred and NO/100ths Dollars ($500.00) or imprisonment for a period not to exceed fifteen (15) days, or both a fine and imprisonment. Each day of continued violation shall constitute a separate and distinct additional violation. (2) Any property owner, tenant or guest of a Short-Term Rental unit found in violation of the provisions of these regulations shall be required to reimburse the Town for its reasonable costs of enforcement, including reimbursement of staff time and reasonable attorney s fees. If the above costs and expenses remain unpaid by the property owner for a period of sixty (60) days after issuance of a written invoice, such cost shall be levied against the subject property and shall appear as a charge on the next real property tax bill. 7

8 SECTION 12: Grandfathering and vested rights. Due to the seasonal and temporary nature of the short term rental uses in and around the Town of Livonia, it is specifically intended that such uses shall not be considered permanent, nor shall they be deemed to carry with them any rights that vest in the property owner with regard to such uses. Accordingly, no such prior temporary short term rental uses shall be grandfathered with regard to the regulations of this Article. SECTION 13: Severability. If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgement shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgement shall be ordered. SECTION 14: Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. 8