SHORT-TERM RENTAL ALTERNATIVE
New Definition to be added to the Zoning Chapter as follows:
TRANSIENT RENTAL PROPERTY
A dwelling unit which is occupied for habitation as a residence by persons, other than the owner or the owner’s
immediate family, and for which rent is received by the owner, directly or indirectly, in exchange for such residential
occupation for a period of less than three (3) nights. For the purposes of this Chapter, the term Transient Rental
Property shall mean all non-owner occupied, single-family residences, two-family residences, and townhouses
rented for a period of less than three (3) nights and shall not include:
1. A dwelling unit lawfully and validly permitted as an accessory apartment in accordance with §280-13(A)(6)
and §280-13(B)(13) of the Code of the Town of Southold; or
2. Properties used exclusively for non-residential commercial purposes in any zoning district; or
3. Any legally operating commercial hotel/motel business or bed and breakfast establishment operating
exclusively and catering to transient clientele; that is, customers who customarily reside at these establishments for
short durations for the purpose of vacationing, travel, business, recreational activities, conventions, emergencies
and other activities that are customary to a commercial hotel/motel business.
Evidence that a dwelling unit is advertised on websites that offer short-term rental accommodations, such as Airbnb,
HomeAway, VRBO and the like, or otherwise offered for lease in any medium for a period of less than three (3)
nights shall create a rebuttable presumption that such dwelling unit is a Transient Rental Property.
The foregoing presumption may be rebutted by submitting evidence to the Chief Building Inspector that the dwelling
unit is not a Transient Rental Property.
New Prohibited Use (J) to be added to the Zoning Chapter as follows:
§280-111. Prohibited uses in all districts.
A. Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or
other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in
such manner or amount as to cause permanent damage to the soil and streams or to adversely affect the
surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturbance or by reason
of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light
reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard; or which causes
injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any
other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or
general welfare, except where such activity is licensed or regulated by other governmental agencies.
B. Artificial lighting facilities of any kind which create glare beyond lot lines.
C. Uses involving primary production of the following products from raw materials: charcoal and fuel briquettes;
chemicals; aniline dyes; carbide; caustic soda; cellulose; chlorine; carbon black and bone black; creosote; hydrogen
and oxygen; industrial alcohol; nitrates of an explosive nature; potash; plastic materials and synthetic resins;
pyroxylin; rayon yarn; hydrochloric, nitric, phosphoric, picric and sulfuric acids; coal, coke and tar products, including
gas manufacturing; explosives; gelatin, glue and size (animal); linoleum and oil cloth; matches; paint, varnishes and
turpentine; rubber (natural or synthetic); soaps, including fat rendering; starch.
D. The following processes:
(1) Nitrating of cotton or of other materials.
(2) Milling or processing of flour.
(3) Magnesium foundry.
(4) Reduction, refining, smelting and alloying metal or metal ores.
(5) Refining secondary aluminum.
(6) Refining petroleum products, such as gasolines, kerosene, naphtha and lubricating oil.
(7) Distillation of wood or bones.
(8) Reduction and processing of wood pulp and fiber, including paper mill operations.
E. Operations involving stockyards, slaughterhouses and slag piles.
F. Storage of explosives.
H. Storage of petroleum products. Notwithstanding any other provisions of this chapter, storage facilities with a
total combined capacity of more than 20,000 gallons, including all tanks, pipelines, buildings, structures and
accessory equipment designed, used or intended to be used for the storage of gasoline, fuel oil, kerosene, asphalt
or other petroleum products, shall not be located within 1,000 feet of tidal waters or tidal wetlands.
I. Encumbrances to public roads.
(1) No person shall intentionally discharge or cause to be discharged any water of any kind onto a public
highway, roadway, right-of-way or sidewalk causing a public nuisance, hazardous condition, or resulting in flooding
or pooling in or around the public area, including neighboring properties.
(2) No person shall place or cause to be placed obstructions of any kind, except the lawful parking of registered
vehicles, upon a public highway, roadway, right-of-way or sidewalk that unreasonably interferes with the public's use
of the public highway, roadway, right-of-way or sidewalk.
J. Transient Rental Properties.
|This is a Draft proposed Transient Rental Law that was presented at
the last Code Committee Meeting by the Town Attorney The result of
the meeting was to send the back for additional revisions.
Nothing has been decided yet.