Draft legislation would regulate with permit, license, inspections

By Jason Emerson

editor

A new law proposed by the Cazenovia Village Board would allow short-term home rentals within the village limits, but would impose multiple regulations on any such business, including the requirement of a special permit, a license, annual inspections and numerous other conditions.

By allowing but regulating this new business model in the village, the board is trying to “strike a balance” between allowing something numerous residents support and protecting the neighborhoods and community members who have concerns about noise, privacy and safety.

The proposed law, if enacted by the board, would “level the playing field” between short-term rental businesses and more traditional overnight businesses, while supporting and protecting residents’ interests, said Mayor Kurt Wheeler.

Short-term rentals — often referred to generically by the name of the online app “Airbnb” — are not mentioned in the village code and are viewed by the village board as being outside current zoning laws.  The board has been considering amending the village code to define the term “transient occupancy” as “a living and/or sleeping accommodation provided for any period of less than 30 days” and to clarify that such uses are prohibited within residential districts, except by duly permitted bed-and-breakfast businesses.

The issue of regulating short-term home rentals in the village of Cazenovia began being looked into last December, when the board was apprised of multiple homeowners in the village renting out their homes through online apps such as Airbnb, VRBO (Vacation Rentals By Owner), HomeAway and FlipKey, among others. These online community marketplaces allow people to rent lodging — often their own homes — on short-term bases. Since then, the board has held public meetings and a work session on the issue.

At its June 4 regular monthly meeting, the village board introduced the draft version of a proposed law to allow but regulate transient occupancy homes in the village. Village Attorney Jim Stokes read the draft aloud and the board discussed, and asked for revisions, during the reading.

The draft proposal defined two classes of transient occupancy houses — owner occupied and non-owner occupied. Transient occupancy houses in the village residential district would be allowed only with a special use permit, a license to operate and a requirement to follow all regulations in the village code.

The draft regulations, after suggestions and changes by the village board, also include:

• Annual inspection of the premises by the village codes enforcement officer.
• Parking requirements of one additional space on the property available for guests.
• Maximum number of guests per transient occupancy property would be two per room with a maximum of eight total, although the village planning board has the power to determine that number per applicant.
• No recreational vehicles (RVs) or other large vehicle allowed on the property during transient occupancy.
• No parking of any vehicles on lawns or in any non-designated parking areas.
• No commercial activities allowed on the property.
• No public or private events allowed on the property during transient occupancy.
• Property owner must maintain a registry of all guests.
• No owner of a transient occupancy property may own more than one such property in the village at a time.
• Any neighbor complaints against transient occupants must be addressed by the property owner or property manager within 15 minutes of the complaint.
• Any transient occupancy property must all have taxes paid, and insurance and inspections obtained in order to operate.
• Transient occupancy licenses are required to be renewed annually and do not transfer over to a new owner if the property is sold. Inspections for property maintenance and safety are required prior to every license renewal.
• Transient occupancy application fee will be $200.
• Transient occupancy properties will be allowed a maximum of 60 nights total to host guests in a one-year period.
• Failure to abide by village regulations will result in denial or revocation of a transient occupancy license.

Stokes was tasked to revise and update the draft to reflect the board’s input as listed above, the final draft of which would be posted on the village website and available in the village office for public review.

The board scheduled a public hearing on the proposed law for 7 p.m. Monday, July 2, at the start of its regular monthly meeting.