TOWN OF NORTH HARMONY
LOCAL LAW NO. 1-2020
Transient/Commercial Use of Dwelling Units
TAKE NOTICE THAT, The Town of North harmony will hold a SEQR and Public Hearing on proposed Local Law No. 1 – 2020; a Local Law to regulate Transient/Commercial Use of Dwelling Units in the Town of North Harmony. The hearing will be held on Monday, September 14, 2020 at 6:30 PM at the Ashville Fire Dept. located at 5338 Stow Road. A copy of the proposed Law may be reviewed at the town website, www.townofnorthharmony.com or at the Town Clerk’s office. The regularly scheduled Board Meeting will follow at 7:00.
By order of the Town Board
FOLLOWING IS THE TEXT OF THE PROPOSED LOCAL LAW:
Transient / Commercial Use of Dwelling Units
The following transient/commercial use of dwelling units should be included in the Uses by Right in all zoning districts in the Town of North Harmony.
THE TRANSIENT/COMMERCIAL USE OF A DWELLING UNIT, SUBJECT TO THE FOLLOWING CONDITIONS:
- Criteria Required: Prior to undertaking such transient use, the owner of the premises upon which the use shall be exercised shall supply, in writing, the following information to the Town of North Harmony Zoning Enforcement Officer:
- Street address and section, block, and lot number(s) of the premises as set forth on the official Town of North Harmony Tax Map.
- Proof of ownership and the name, address and telephone number of each person or entity with an ownership interest in the premises.
- Full name, address and telephone number of any agent or real estate agent or broker acting on behalf of the owner or owners with respect to renting or leasing the premises.
- Certification of operable smoke detectors and operable carbon monoxide detectors located on the premises.
- Name, address, and telephone number of a contact person available to respond to any and all complaints concerning the transient use of the premises within 24 hours after said complaint is filed with the Town of North Harmony.
- Owner or owners are responsible for instruction on trash removal.
- Any additional information required by the Code Enforcement Officer to determine compliance with the provisions of this Section.
- Upon the submission of the written document as set forth above, together with a determination that the premises are not in violation of any of the provisions of the Town of North Harmony Zoning Code, the Town of North Harmony Code Enforcement Officer shall issue a Vacation Rental Permit for the transient/commercial use of the premises.
- It shall be unlawful for any owner, tenant, agent, or other representative of the owner to rent, lease, advertise or hold out for rent any dwelling unit for transient/commercial use without a Vacation Rental Permit.
- Transient/Commercial Use shall be defined as follows:
Transient/commercial use of a dwelling unit shall mean a commercial use of a dwelling unit wherein it is rented, leased, or assigned for a term less than 30 days duration. It does not include hotels, motels and RV spaces which are specifically addressed in each Zoning District in the Town of North Harmony.
- A complaint alleging a violation of the provisions and requirements set forth herein may be filed with the Code Enforcement Officer of the Town of North Harmony. Such complaint shall be in writing and signed by a person having personal knowledge of the facts alleged therein. The code Enforcement Officer of the Town of North Harmony shall then cause an investigation to take place based on such written complaint. In the event that such investigation results in the Code Enforcement Officer having reasonable belief that the violation has occurred, a Notice of Violation shall be served either personally or by the United States Postal Service upon the owner, owners or agents thereof setting forth the nature of the violation. Said notice of violation shall specifically set forth any terms and conditions of the Town of North Harmony Zoning Law which it is alleged having been violated.
- Any violation of the provision of this Section by any person shall be punishable as set forth in Section 1202 of the Town of North Harmony Zoning Code.
- Any Signs Displayed on the premises advertising the same for lease or rent shall be in compliance with Section 617 of the Town of North Harmony Zoning Law.
- A Vacation Rental Permit shall be revoked by the Zoning Board of Appeals after finding two separate violations of the requirements and provisions of the Section by the permit holder within a time period of 2 years or for any material misrepresentation of information provided, required by paragraph 1 of the Section, after the permit holder is given notice and a hearing is held by the Zoning Board of Appeals.