As used in this chapter, the following terms shall have the
meanings indicated:
PARTY or EVENT
Inviting in or otherwise hosting six or more nonoccupants
at short-term rental property by, on behalf of, or for the benefit
of a short-term rental tenant for the purposes of celebrating or commemorating
a particular occurrence, occasion, or otherwise for socialization.
SHORT-TERM RENTAL
Any portion of real property rented for compensation in exchange
for lodging for a period of not more than 31 consecutive days. This
may include campgrounds, tent sites or tent platforms and other temporary
structures on the parcel, including, but not limited to, rentals provided
by such companies as Airbnb and Vrbo. For the purpose of this chapter,
the term "short-term rental" shall not include a bed-and-breakfast,
boardinghouse/lodging house, hotel, motel, or ongoing month-to-month
tenancies.
Renewal permits will be granted for a one-year term if the following
conditions are met:
A. Application for renewal of the short-term rental permit shall be
made 30 days prior to expiration of current permit and requires payment
of renewal fee.
B. At the time of application for renewal, the owner or designated agent
must present the previous permit for short-term rental.
C. The property must have undergone an inspection performed by the Code
Enforcement Officer.
D. Any violations must be remedied prior to renewal of a permit for
short-term rental.
E. If any of the above conditions are not met, an application must be
submitted for a new permit.
The Code Enforcement Officer may immediately suspend a short-term
rental permit based on any of the following grounds:
A. Applicant has falsified or failed to provide information in the application
for a permit or the application for permit renewal.
B. Applicant failed to meet or comply with any of the requirements of
this chapter.
C. Owner or guests are in violation of any provision of the Code of
the Town of Wilson.
D. Owner or guests have violated any provision of the Penal Code of
the State of New York, when such violation occurred at, or is related
to, the occupancy of the short-term rental.
E. Any conduct on the premises which disturbs the health, safety, peace
or comfort of the neighborhood or which otherwise creates a public
nuisance.
F. Removal or disrepair of any safety devices such as, but not limited
to, smoke and carbon monoxide detectors, fire extinguishers and egresses.
G. Any incident occurring at the property that requires involvement
of the state or local police.
H. Inability of Town official or law enforcement to contact the owner or any identified contacts provided per §
103-5B(6).
The property owner is entitled to appeal the Code Enforcement
Officer's determination to the Zoning Board of Appeals when a
property owner's application for a short-term rental permit or
a short-term rental permit renewal is denied or a short-term rental
permit is revoked. A notice of appeal shall be filed with the Town
Clerk and the Zoning Board of Appeals within 60 days of the Code Enforcement
Officer's filing of the denial or revocation with the Town Clerk.
A hearing shall be held by the Zoning Board of Appeals not more than
45 days after the filing of the notice of appeal.
An information package shall be made available to all applicants
seeking to apply for a permit. The package shall include, but not
be limited to, the Town of Wilson law for short-term rentals, inspection
checklist, contact information form to provide emergency contact phone
numbers for the property owner, the primary alternate contact, and
the secondary alternate contact, rental contract form, and good neighbor
form.
Any approved short-term rental shall prominently display the
following:
A. Maximum allowable occupant load.
B. Maximum number of permitted parking spaces and site plan indicating
property boundaries.
C. Emergency egress plans posted at each level, indicating fire extinguisher
locations.
D. Copy of the Town standards.
The provisions of this chapter are declared severable, and if
any section or subsection of this chapter is held to be invalid, such
validity shall not affect the other provisions of this chapter that
can be given effect without the invalidated provision.