Overview: Are Short-Term Rentals Allowed in Hamburg, NY?

YES - Short-term rentals are allowed in the Village of Hamburg, NY, but they are strictly regulated. The Village has implemented a comprehensive regulatory framework that recognizes STRs can benefit the local economy by attracting visitors while also imposing restrictions to protect residential neighborhood character and community stability. STRs require a Certificate of Registration and must comply with all applicable building codes, fire codes, zoning requirements, and Village regulations.

How to Start a Short-Term Rental Business in Hamburg, NY

Step 1: Determine Zoning Eligibility

Before proceeding with any applications, you must verify that your property is located in a zoning district where STRs are permitted. The Village zoning map is available online to help determine your property's zoning classification.

Step 2: Complete Application Process

Submit a complete application for a Certificate of Registration to the Village Clerk/Treasurer's Office. The application must include all required information and supporting documents as detailed in the regulations section below.

Step 3: Schedule and Pass Inspection

After submitting your application and fee, the Village will coordinate with the Town of Hamburg Building Department and Village Department of Public Works to schedule an inspection of your property.

Step 4: Maintain Compliance

Once approved, you must maintain ongoing compliance with all Village regulations, including annual inspections, renewal requirements, and operational standards.

Required Documents, Permits, Licenses, and Guidelines

Certificate of Registration Application Requirements

You must provide the following information in your application:

1. Owner Information:

   • Name, address, telephone number, and email address of the property owner

2. Management Information:

   • Name, address, telephone number, and email address of all individuals or entities associated with ownership, operation, or rental of the property

3. Emergency Contact:

   • Contact information for owners and/or managers who will be available 24/7 to respond to complaints from tenants, neighbors, and Village personnel

4. Operational Details:

   • Commencement date for the short-term rental use

5. Property Documentation:

   • Site plan of the property and floor plan of the building specifically delineating all bedrooms, baths, community rooms, and kitchens

6. Legal Documentation:

   • Copies of any leases, contracts, and/or agreements associated with the short-term rental
   • Copies of any permits, licenses, approvals, and certificates of occupancy required or related to the building structure and/or premises

Supporting Documentation Required

• Application fee: $250 initial registration fee
• Property inspection: Must pass building and fire code inspections
• Written rules and regulations: Must be prominently displayed and submitted with application
• 24/7 contact information: Must be provided and displayed

Additional Permits/Licenses

You must also comply with any required County of Erie and New York State licenses or permits in addition to the Village Certificate of Registration.

Specific Regulations for Short-Term Rentals

Zoning Districts and Permitted Uses

Short-term rental eligibility varies by zoning district:

| Zoning District | STR Status | |----------------|------------| | Single Family Residential | Not Permitted | | Traditional Village Residential | Permitted by Special Permit Only | | Limited Commercial Residential | Permitted by Special Permit Only | | Village Center Commercial | Permitted | | Neighborhood Commercial Corridor | Permitted | | Gateway Commercial | Permitted | | Mixed-Use Redevelopment | Permitted | | Mixed-Use Industrial | Permitted |

Operational Standards and Requirements

Registration and Display Requirements

• Certificate of Registration must be prominently displayed on the premises
• Annual renewal required (expires May 31st each year)
• Registration is non-transferable to other persons or locations

Guest Rules and Behavior Standards

Mandatory written rules must address and prohibit:

• Fighting, violence of any kind
• Tumultuous or threatening behavior
• Unreasonable noise
• Abusive or obscene language or gestures in public

Quiet Hours: 10:00 PM to 7:30 AM daily

Prohibited Events: No parties, weddings, catered events, large gatherings, tailgating, or similar events

Occupancy and Parking Limits

• Occupancy: Maximum of 2 persons per bedroom, with an absolute maximum of 8 people per dwelling unit
• Parking: 1.5 cars per bedroom (rounded up to nearest whole number), with on-street parking spaces not included in this calculation

Signage Restrictions

• Prohibited: Exterior signs and interior signs facing outward that advertise the property as a short-term rental
• Required: Property address must be clearly visible from the street

Management Requirements

• 24/7 Availability: Must have owner, manager, or agent available 24 hours a day, 7 days a week
• Response Time: Must respond within 30 minutes of notification for maintenance, repairs, and/or complaints
• Neighbor Notification: Must provide 24/7 contact information to all residential uses within 100 feet of the STR boundaries

Property Limitations

• Only one STR use allowed per dwelling unit
• Annual Inspection Required: All STRs are subject to yearly inspection by the Village

Fees and Renewal Schedule

Registration Fees:

• Initial Application: $250
• Annual Renewal: $150
• Mid-Season Registration (after November 30, before May 30): 50% of initial fee ($125)

Important Dates:

• Registration Expiration: May 31st annually
• Renewal Deadline: June 1st annually
• Mid-Season Window: Registrations starting after November 30 but before May 30 qualify for reduced fee

Enforcement and Penalties

Grounds for Revocation or Non-Renewal

• Violation of any applicable codes, rules, regulations, permits, or safety provisions
• Becoming a neighborhood nuisance (frequent police calls, egregious criminal offenses, suspected criminal activity)
• Failure to comply with written notice of violation orders
• Knowingly false statements in application

Enforcement Process

1. Initial Violation: 10-day cure period given
2. Failure to Cure: Certificate revocation recommended
3. Appeals Process: Appeals filed within 10 days with Village Board
4. Ongoing Monitoring: Code Enforcement Officer has access at any reasonable time to ensure compliance

Contact Information for Local Authority

Village of Hamburg Clerk/Treasurer's Office

• Address: 100 Main Street, Hamburg, NY 14075
• Phone: (716) 649-0200
• Application Submission: Mail or drop-off at the above address

Department of Public Works

• Contact: Coordinates inspection scheduling after application submission
• Address: Same as Clerk/Treasurer's Office

Building Department (Town of Hamburg)

• Contact: Coordinates inspection with Village Department of Public Works

Village Board (Appeals)

• Address: 100 Main Street, Hamburg, NY 14075
• Process: Appeals filed through Village Clerk

Links to Source Pages

Official Village Documents and Resources

• Village of Hamburg Permits Page: villagehamburg.com/permits
• Village of Hamburg Zoning Map 2022: villagehamburg.com/vertical/sites/%7B9527545F-C617-472A-B743-5D4E3EA56F04%7D/uploads/Zoning_Map_2022.pdf
• Village Code on Short-Term Rentals: ecode360.com/39715866

Village Code Sections Referenced

• Village Code § 250-20.4: Zoning district regulations
• Village Code § 250-21.4: Zoning district regulations
• Village Code § 250-22.4: Zoning district regulations
• Village Code § 250-18.2B(4)-(6): Service of violation notices

Direct Access to STR Regulations

Primary Source Document: Village of Hamburg Short-Term Rentals Code (§ 250-23.22) available at: ecode360.com/HA1542

Additional Resources

• Village of Hamburg Website: villageofhamburgny.gov/
• Local Law No. 2-2025: Adding STR regulations (effective May 19, 2025)

Important Notes for Investors:

1. Zoning Compliance is Critical: The Single Family Residential district explicitly prohibits STRs. Ensure your target property is in an approved zoning district before purchasing.

2. Special Permit Requirements: Traditional Village Residential and Limited Commercial Residential districts require special permits, which involve additional review and approval processes.

3. Compliance Monitoring: The Village actively monitors STR compliance through inspections, complaint-based investigations, and police coordination.

4. Professional Management Recommended: Given the 24/7 availability requirements and response time obligations, investors should plan for professional management or ensure they can meet these obligations themselves.

5. Market Considerations: The Village's regulatory framework creates a more controlled environment that may reduce competition but also requires significant upfront investment in compliance and ongoing operational management.

This guide provides the essential framework for operating STRs legally in the Village of Hamburg. Always verify current regulations as local laws may be updated periodically.