How will Lewiston's short-term rental law be enforced?

Rob Creenan, Niagara Gazette, Niagara Falls, N.Y.
·2 min read

May 2—LEWISTON — With the Lewiston Town Board voting to prohibit short-term rentals from operating in residential areas last week, there are some lingering questions about how the regulations will be implemented.

Per the new law, the town's building department would be in charge of enforcement, as the building inspector would have to conduct a visual inspection prior to town board approval. They would also have the right to conduct spot inspections and hand out fees for noncompliance.

The areas where short-term rentals can operate with a special use permit are zoned Business, Rural Business, Traditional Neighborhood, and Rural Residential Transition districts. They will not be permitted in R1 and R2 residentially-zoned areas, the majority of which surrounds the Village of Lewiston and is along the Niagara River.

This limits the areas where short-term rentals and bed and breakfasts can operate to the hamlets of Sanborn, Pekin and Colonial Village, the intersections of Saunders Settlement and Townline roads, Ridge and Model City roads, Ridge and Ransomville roads, and other parcels on Upper Mountain, Ridge, and Military roads.

Town Board member John Jacoby, who worked on drafting the law, said that any modifications would need a public hearing, similar to the process the legislation went through to get passed.

"It's not impossible," Jacoby said, adding town lawmakers would follow counsel's advice on any moratoriums needed for such a process.

There are no grandfather clauses listed in the law, as it states currently operating short-term rentals will be given a 30-day grace period from its passage to cancel and refund any pending reservations.

For both short-term rentals and bed and breakfasts, all special use permit application packets require:

—An application

—A copy of proof of payment of application fee

—A map of the interior building layout designating all the living, sleeping, cooking, and bathroom spaces

—A copy of the emergency escape plan

—A map of the exterior

—A copy of the guest rules

These permits are only issued after a public hearing before the Lewiston Town Board, who make the determination if the use is in compliance. The board also has the right to suspend or revoke a permit due to non-compliance after getting a referral from the building inspector and a public hearing.

If the operators continue not paying their fines, the town can authorize a municipal lien on the property. If they continue to not comply, the matter could be before the town court, which would make the determination for the best course of action.