Loading...
HomeMy WebLinkAbout4.30.2024_Southold Town Code Tourism & Rentals Review.pdfSouthold Town Code: Tourism & Rentals Definitions from Chapter 280 | Zoning Key Definitions: Dwelling Unit Transient Rental Property Transient Rental Amenity Hotel or Motel, Transient Hotel or Motel, Resort Bed -and -Breakfast Boarding and Tourist Houses Rental Permit Tourist Camp DWELLING UNIT – Chapter 280 •A building or part of a building •Must have living space of at least 850 square feet. •Designed for one-family and their household staff •There should be no shared cooking or bathroom facilities with other units. •It excludes structures like house trailers, boardinghouses, hotels, etc. APARTMENT– Chapter 280 •An entirely self-contained dwelling unit •Must have living space of at least 220 square feet. •Designed for one-family and their household staff •There should be no shared cooking or bathroom facilities with other units. TRANSIENT RENTAL PROPERTY Definition: •Dwelling unit occupied by non-owners for <14 nights in exchange for rent. Exclusions: •Commercial hotels/motels •Bed-and-breakfast establishments catering to transient clientele, •Dwelling units on Fishers Island Presumption of Transient Rental Existence: •Listed on short-term rental websites or offered for lease <14 nights TRANSIENT RENTAL AMENITY The rental of: •parcel amenity, •accessory use, or •yard area, •not in conjunction with a valid rental occupancy permit. Including: •pools, •barns (except for storage-only purposes), •sports courts, •or waterway access. [Added 8-29-2023 by L.L. No. 25-2023] §280 -111 Prohibited uses in all districts J. Transient rental properties and transient rental amenities. HOTEL OR MOTEL, TRANSIENT •A building, or group of buildings •guests rent individual rooms for short stays, •typically on a daily basis. •Each room must have: •its own exterior door, or •open onto a common hallway leading outside. •Additional accessory uses: •offices, •restaurants, •swimming pools, •personal services, •accessory shop HOTEL OR MOTEL, RESORT •A building or group of buildings •containing individual guest units •daily or weekly rental •Each room must have: •its own exterior door, or •open onto a common hallway leading outside. •Accessory uses: •beach cabanas, •private docks, •dining areas, •swimming pools, •conference & meeting facilities, •shops, or •personal services, •must be located within the building without external signs. BED-AND-BREAKFAST •Renting up to five rooms in a home where the owner lives to provide lodging and breakfast for up to 10 short-term guests is allowed, as long as it's clearly incidental and subordinate to the home’s main use as a dwelling.[Amended 3-28-2000 by L.L. No. 7-2000] BOARDING- AND TOURIST HOUSES •A lodging facility, excluding hotels, offering accommodation and possibly meals for five or more paying guests. TOURIST CAMP •Any area with two or more tents, trailers, or similar structures used for living, whether operated for profit or not. •For further information see: Chapter 253 Tourist and Trailer Camps RENTAL PERMIT •A permit issued by the Chief Building Inspector to the owner to allow use and occupancy of a lawfully existing accessory apartment. •[Added 6-15-2010 by L.L. No. 2-2010] •For additional information see: Chapter 207 Rental Permits Rental Permits Process What code sections apply to rentals? ▪207 Rental Permits – Mostly this Chapter ▪280 Zoning – for uses listed in each zoning district ▪144 Building Code – safety requirements ▪126 Electrical Inspections – safety requirements Rental Permits Process What definitions apply to rentals? ▪Chapter 207 is the main place ▪Also Chapter 280 for uses DWELLING UNIT – Chapter 207 •A unit within a building. •Provides independent living for one or more people. •Includes living, sleeping, eating, cooking, and sanitation facilities. •Designed for permanent residency. RENTAL OCCUPANCY PERMIT •A permit which is issued upon application to the Code Enforcement Officer designated by the Town Board with the administration of this chapter and shall be valid for 24 months from the date of issuance. Chapter 207 | Rental Permits •Legislative intent •Definitions •Fees •Smoke detectors and carbon monoxide detectors •Inspections •Application for search warrant •Rental permit required •Revocation of permit •Broker’s/agent’s responsibility •Enforcement •Penalties for offenses •Implementation On the Town of Southold Website: ▪Forms & Permits ▪Building Department ▪Forms: Rental Permit and Application Instructions [You can also search for “rental permit” and the application is the top result.] Rental Permit Application Info Section A. Property Information Section B. Owner Information Section C. Authorized Agent Information Section D. Managing Agent Information Section E. Site Manager Information (required for rental properties containing 8 or more rental units) Section F. Property Description Section G. Inspection (by Town or licensed professional) Section H. Declaration (must be notarized) Rental Permit Addendum Rental Property Certification (required for each individual rental dwelling unit) How are rental applications evaluated? ▪Building Dept. checks to make sure that the location is up-to-code. ▪Duration of rentals is not addressed in Chapter 207. ▪Building Dept does not get involved in the duration of the rental permit. ▪Duration is only addressed if there is a complaint, and in that case, Code Enforcement/Town Attorney handles it. ▪What kind of follow-up is needed once a rental permit is issued? ▪Expiration: 24 months ▪Automatic renewal letters generated by Laserfiche & sent by Building Dept. ▪How many rental permits are active now? ▪About 1,000 active permits ▪Another 500-1000 are pending due to c.o. issues. ▪Do we know the nature of each rental with a permit? Are they year-round? Seasonal? ▪No, that information is not required. Permit # Single Family Dwelling, Accessory Apartment, Unit #, etc. Name Street Address SCTM # Date Rentals Permitted vs. Short Term Rentals Rentals Permitted: •Duration: None in Rental Permit Code •Defined as a self-contained unit •House or apartment •Must have certificate of occupancy Short Term Rentals (in concept): •Duration: Less than 30 days •Defined as a “dwelling unit” in Town Code now but many variations possible: •Room or rooms in a house •Apartment (in a house, in a garage or barn, in commercial bldg.) •Entire House •Campers, Yurts, Tents Code Enforcement & Justice Court What is the general practice for enforcement now? Is it complaint-driven? Do we have a sense of the numbers that are prosecuted? Yearly? Monthly?