A local law to amend Section 52 “Tourist homes and bed–and–breakfast establishments” of
Chapter 260 “Zoning,” of the Town Code.
Section I. Legislative Intent
It is the intent of this local law to replace the current A through E of Section 52 “Tourist homes and bed–
and–breakfast establishments” of Chapter 260 “Zoning,” of the Town Code.
Section II. Authority
This local law is adopted pursuant to Municipal Home Rule Law.
Section III. Amendments
The following conditions and criteria must be met for tourist homes and bed–and–breakfast
establishments:
A. The building proposed for occupancy as a tourist home/bed–and–breakfast shall contain no more than
four lodging rooms for hire.
B. The subject premises shall be owner occupied, such that the premises is the owner’s primary
residence. If the owner is not a natural person, then owner occupancy shall be satisfied so long as a
natural person owning at least a 50% interest in the corporate owner occupies the residence as his/her
primary residence.
C. No tourist home/bed–and–breakfast use shall be established on a lot that is within 500 feet of another
lot measured along the same street frontage on which there is an existing tourist home/bed–and–
breakfast establishment.
D. The exterior of the building shall be maintained consistent with the character of the area.
E. All parking shall be located outside of the highway right–of–way.
F. Use/occupancy of the premises (including the lands on which the building sits) as a tourist home / bed
and breakfast shall be limited to those persons occupying the lodging rooms for hire. Additional
invitees/guests of the persons occupying the lodging rooms for hire shall not be permitted.
Section IV. Severability.
If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any
person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to
be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision,
or part of this Local Law or in its application to the person, individual, firm or corporation or
circumstance, directly involved in the controversy in which such judgment or order shall be rendered.
Section V. Effective date.
This local law shall take effect immediately upon filing with the Secretary of State.