[HISTORY: Adopted by the Town Board of the Town of Clarence as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-11-2019 by L.L. No. 2-2019]
As used in this article, the following terms shall have the meanings indicated:
ADVERTISING
Any form of communication for marketing that is used to encourage or persuade viewers, readers or listeners to contract for goods and/or services as may be viewed through various media, including, but not limited to, newspapers, magazines, flyers, handbills, television commercials, radio, signage, direct mail, websites or text messages.
AUTHORIZED ACCESSORY DWELLING UNIT
A residential living unit, subordinate to a one-family detached dwelling unit, that has been approved by the Town of Clarence, and that has a valid certificate of occupancy, or that has been recognized by the Town of Clarence as an existing habitable structure for human habitation, lodging or sleeping purposes.
APARTMENT BUILDING
A building or portion thereof containing three or more dwelling units arranged, intended, or designed to be occupied by three or more families living independently of each other in a dwelling unit.
DETACHED DWELLING UNIT
A one-family dwelling unit that is not attached to any other dwelling by any physical means.
DUPLEX
A structure containing two dwelling units located on a single lot.
DWELLING UNIT(S)
One or more rooms arranged with space for living and sleeping.
GOOD NEIGHBOR BROCHURE
A document prepared by the Town that summarizes the general rules of conduct, consideration and respect, including, without limitation, provisions of the Code of the Town of Clarence, pertaining to the use and occupancy of a dwelling unit used or occupied as a short-term rental.
OWNER
A person who is the owner of record of real property as documented by deed or other document evidencing ownership as recorded.
PERSON
A natural person, partnership, association, company, corporation, limited-liability company or organization or a member, manager, agent, owner, director, servant, officer or employee thereof.
SHORT-TERM RESIDENTIAL RENTAL
The use, control, management or operation of a dwelling unit or accessory dwelling unit, in whole or in part, for dwelling, sleeping or lodging purposes by short-term rental guests, as defined herein, for compensation, directly or indirectly.
SHORT-TERM RENTAL GUEST
Any person who rents, licenses, occupies or has the right to occupy a dwelling unit or accessory dwelling unit, in whole or in part, for less than 30 consecutive days. Such definition is to be interpreted broadly to prohibit subleases, occupancies or assignments designed to circumvent the purposes of this article.
UNIFORM CODE
The New York State Uniform Fire Prevention and Building Code,[1] and the New York State Energy Conservation Construction Code,[2] and the Code of the Town of Clarence, and as currently in effect and as hereafter amended from time to time.
[1]
Editor's Note: See Executive Law § 370 et seq.
[2]
Editor's Note: See Energy Law § 11-101 et seq.
The Town of Clarence hereby finds that unregulated short-term transient occupancy of dwelling units in residential neighborhoods presents endangerment to the public welfare relating to compatibility with residential uses and preservation of the character of the neighborhoods in which they are located. The purposes of this article are to:
A. 
Balance the desire of property owners to rent their residential properties for a reasonable rate of return to short-term rental guests for compensation against the desire of residents to preserve the traditional character of their residential neighborhoods;
B. 
Preserve and protect residential neighborhood livability from impacts that are often associated with short-term rentals;
C. 
Comply with the Uniform Code for the health and safety of occupants of short-term rentals and existing residents.
A parcel is ineligible for short-term residential rental if it exists within the Residential Single-Family or Planned Unit Residential development zones.
A short-term residential rental is allowed only if it conforms to each of the following operating standards and requirements set forth in this section.
A. 
Short-term residential rental properties must meet the Uniform Code, including those pertaining to business licenses and taxes. Properties must comply with applicable sections of the Uniform Code.
B. 
Rental accommodations may only be authorized to take place in the residence on file with the Town in which registration for a short-term residential rental was approved.
C. 
Rental accommodations may only be offered in a space intended for human habitation. For example, a host shall not rent out space to guests in areas such as an unpermitted basement, garage, attic, or storage shed.
D. 
Maximum occupancy of the short-term rental property shall be based on the Uniform Code requirements. The property owner shall be responsible for ensuring that the dwelling unit is in conformance with the maximum occupancy standards.
E. 
All vehicles associated with the inhabitants of the short-term rental property must be parked in designated parking areas, such as the driveway or garage of the respective short-term rental property. All vehicle parking must be accommodated on site.
F. 
Weekly solid waste collection is required during all months, and procedure for waste collection, including dates and times of collection, must be posted conspicuously within the short-term rental property. Proper containers for disposal shall be provided for all renters.
G. 
The property owner must designate a local property representative who shall be available 24 hours per day, seven days per week, for the purpose of responding to complaints regarding the condition, operation, or conduct of occupants of the short-term rental and taking remedial action to resolve any such complaints. The name, address, and telephone contact number of the property owner and the local property representative shall be kept on file at the Town and posted conspicuously within the residence.
H. 
In addition to contact information and waste collection procedures, property owners must conspicuously post a copy of their Town-issued permit, Good Neighbor guidelines, the short-term rental's advertised occupancy, the location of designated on-site parking and an evacuation route map.
I. 
At the discretion of the Town, the rental property may be subject to inspection by (including but not limited to) a Code Enforcement Officer and/or Fire Inspector for purposes of compliance with the Uniform Code.
J. 
The permit does not run with the property, but is issued to the property owner. It shall not be transferred or assigned to another individual, person, entity, or address. The permit does not authorize any person, other than the person named therein, to operate a short-term rental home on the property.
A. 
The short-term rental of property to short-term rental guests that is not in compliance with this article.
B. 
Providing false information with respect to a registration.
C. 
Detached accessory building (other than an authorized accessory dwelling unit as defined herein), vehicle (including a recreational vehicle or camper van), trailer, tent or mobile residential equipment (other than a mobile home) may not be registered as a short-term rental.
D. 
Advertising any short-term rental without a Town-issued registration number included in the advertisement.
E. 
Notwithstanding any other ordinance provision to the contrary, signage identifying, advertising, providing wayfinding for or otherwise related to use of the dwelling unit as a short-term residential rental, either on- or off-site.
F. 
Short-term rentals in nonresidential buildings, unless a specific portion of the building is recognized by the Town as an existing habitable structure for human occupancy for lodging or sleeping purposes.
G. 
Short-term rental guests shall not rent, sublease, sublicense or assign all or any portion of the short-term rental to another person during the rental period.
H. 
Parties, conferences, family reunions, weddings, fundraisers or similar gatherings that are reasonably foreseeable to involve an assemblage of vehicles or persons more than the maximum allowable number of short-term guests to be conducted by short-term rental guests during a short-term rental.
I. 
On-street parking is prohibited. Vehicles are not to block neighboring properties' driveways, mailboxes or community mailboxes.
A. 
No person shall operate a short-term residential rental without first registering the dwelling unit (or authorized accessory dwelling unit) with the Town. Only the owner of the property may register the dwelling unit to be used for a short-term residential rental. Registration forms and preregistration self-inspection checklists shall be available in the Town of Clarence Office of Planning and Zoning.
B. 
Nonrefundable fees for a short-term residential rental registration shall be as set forth in the fee schedule of permit, inspection and application fees as established by resolution of the Town Board from time to time, and such fee must be submitted with the permit form at the time of application or renewal.
C. 
A residential dwelling unit (or authorized accessory dwelling unit) shall not be considered permitted until all information and fees are provided to the satisfaction of the Town and a permit number has been assigned.
D. 
Permit approval for a short-term residential rental shall be effective for one year and shall expire on the date in which the permit was approved.
E. 
As part of the permit process, the property owner must submit a sketch plan identifying all on-site parking, including guest parking.
A. 
If the Director of Community Development, Junior Planner, Code Enforcement Officer, Zoning Inspector or the Zoning Code Enforcement Officer finds that any of the provisions of this article are being violated, he/she or his/her designee shall follow the procedures set forth in the Town of Clarence Prosecution Manual. Such provisions call for a notification, in writing, to the owner of the property upon which such violation is located, indicating the nature of the violation and order that necessary actions be taken to correct the deficiency. He/she shall order discontinuance of illegal uses of land, buildings or structures; removal of illegal buildings or structures or of illegal additions, alterations or structural changes; and discontinuance of any illegal work being done. The Town or designee shall take any other action authorized by this article to ensure its compliance.
B. 
Additional written notices of violation may be sent by the Town or designee at its discretion. The final written notice (such final notice may be the initial written notice) shall state the action which the Town or designee intends to take if the violation is not corrected. Upon failure of the property owner to correct any violation of this article, the Enforcement Officer will cause to be issued an appearance ticket for local justice court action.
C. 
Any person, firm or corporation convicted of violating the provisions of this article shall, upon conviction, be guilty of a violation and shall be fined an amount not to exceed $500 and/or imprisoned for a period not to exceed 30 days. Each day of violation shall be considered a separate offense, provided that the violation of this article is not corrected within 30 days after notice of said violation is given.
D. 
The Town shall have the authority to seek civil penalties or small claims actions under Article 18 of the Uniform Justice Court Act, Town Law § 135, Subdivision 1, and Town Law and § 268.
E. 
In addition to the other remedies cited in this article for the enforcement of its provisions, and pursuant to New York State law, the regulations and standards in this article may be enforced via prosecution standards as adopted by the Town of Clarence.
F. 
At the discretion of the Town, the rental property may be subject to inspection by (including but not limited to) a Code Enforcement Officer and/or Fire Inspector in order to inspect a parcel believed to be in violation of this article.