Ordinance #2023-005 Amending Chapter 850 with Reference to Short-Term Rentals and Bed and Breakfast Establishments
“Short-Term Rentals (STR) may be permitted in any zone district of the city with a Special Use Permit from the Planning Commission. However, there is currently a moratorium on STRs in “Residential” zone districts while the City Council reviews possible amendments to the STR law. See below map of Residential zone districts impacted.
Ordinance 2023-05 was introduced by the City Council at their meeting on July 13, 2023 which was later amended at the September 5, 2023 City Council meeting. At this meeting they also set a date for a public hearing on this ordinance. The hearing remains open and another opportunity to speak will occur during the City Council meeting on Thursday, October 5, 2023, at 7:00 p.m. at the Hurley Building, 205 Saltonstall Street, Canandaigua, New York and/or virtually at https://us06web.zoom.us/j/85999209422
The current ordinance that is on the table would impact ALL current and proposed STRs in that:
1. The Special Use Permit would need to be renewed every 3 years.
2. The Special Use Permit cannot automatically transfer to a new owner.
Under this newly proposes ordinance, additional restrictions would apply to all new STRs in residential zone districts.
1. Short Term Rentals would NOT be permitted in R-1A or R-1B Zone Districts.
2. Within R-2, R-3, and R-l Zone Districts, the rented unit must be the owner’s primary residence.
3. Within R-2, R-3, and R-l Zone Districts, the STR unit may not be rented more than 60 days in a calendar year in increments of not less than 2 nights.
These are in addition to the existing requirements that apply to all STRs throughout the city:
1. The rental unit shall be registered and periodically inspected in compliance with the City of Canandaigua Rental Inspection Program.
2. The proposed short-term rental shall be in compliance with Chapter 748, Housing Standards, of the Code of the City of Canandaigua and the New York State Uniform Fire Prevention and Building Code.
3. The use of the premises shall not require or involve any exterior alterations to the structure.
4. The short-term rental property shall not sell meals to persons other than overnight guests, unless otherwise permitted as a restaurant in compliance with § 850-83.
5. The short-term rental property shall not operate as a rooming house or boardinghouse as defined in § 850-12.
6. The short-term rental property shall be considered a lodging facility. Applicable county and local lodging tax shall be collected.
7. The owner shall maintain records identifying names and permanent addresses of all renters and the duration of their stay.
8. The Planning Commission shall determine, on a case-by-case basis, the maximum occupancy.
9. Off-street parking shall be provided. The Planning Commission may determine, on a case-by-case basis, what the parking requirement shall be, provided that such requirement shall not exceed the requirements of Schedule II.