Provisions applicable to hosted and unhosted short-term rental uses. The following requirements apply to both hosted and unhosted short-term rental uses:
(1) Operating permit required.
(a) Each dwelling unit used or offered for a short term rental use shall require a valid operating permit issued pursuant to Town of Ithaca Code Chapter
125 (Building Construction and Fire Prevention), §
125-8. Each operating permit shall specify whether it is for a hosted or an unhosted short-term rental use, only one such use being allowed per unit. Before the expiration or renewal of an existing operating permit, it shall be the responsibility of the owner of such unit to schedule an inspection with the Town of Ithaca Code Enforcement Department in order to obtain a new or renewed permit.
(b) Owners eligible to receive short-term rental operating permits must be either:
[1] Natural persons (defined for purposes of this §
270-219.7 as living human beings), or
[2] Trusts that meet all of the following criteria: the dwelling unit is the principal residence of at least one natural person who is a trust grantor, a trustee, or a beneficiary of the trust that owns the dwelling unit, and said trust grantor, trustee or beneficiary resides in the dwelling unit for a minimum of 185 days per year.
(c) Owners of dwelling units used or offered for short-term rental uses as of April 1, 2022, must apply by July 1, 2022, for operating permits. Owners of dwelling units that are not used or offered for short-term rental uses as of April 1, 2022, but that are subsequently used or offered for short-term rental uses, must apply for operating permits prior to such use or offer for a short-term rental use. After an operating permit is obtained, it must be maintained throughout the period that such unit is used or offered for a short-term rental use.
(d) The Code Enforcement Department shall issue an operating permit upon verification by inspection that the items listed in Subsection E(1)(a)[1] through [13] below meet the requirements of the applicable New York State Uniform Fire Prevention and Building Code and the items listed in Subsection E(1)(c)[14] and [15] below meet the requirements of the Town of Ithaca Code: see
§ 270-219.7E(1)(d) for details.
(e) A Code Enforcement Officer shall seek a search warrant from a court of competent jurisdiction whenever the owner, managing agent or occupant fails to allow inspections of any premises believed to be subject to this section and where there is a reasonable cause to believe that there is a violation of this section, Town of Ithaca Code Chapter
205 (Property Maintenance), or the New York State Uniform Fire Prevention and Building Code.
(f) Failure of an owner of any unit that is required to have an operating permit to apply for an operating permit in a timely manner, to obtain an operating permit after inspection, or to maintain a valid operating permit after it is granted throughout the period that such unit is used or offered for short-term rental use, shall be deemed a violation of this section.
(g) Over-occupancy. Verified over-occupancy shall constitute a violation of the operating permit.
(2) Additional hosted and unhosted short-term rental use requirements. See
§ 270-219.7E(2) for detailed information.
