Overview: STR Status in Hamilton, NY

Short-term rentals are ALLOWED in Hamilton, NY, but with specific regulations that vary between the Town of Hamilton and the Village of Hamilton.

Town of Hamilton (outside village limits): STRs are permitted under Local Law #3 of 2023 with appropriate permits and compliance with safety standards.

Village of Hamilton: Currently operating under a moratorium on new transient rental establishments (as of 2022), though this may have expired or been modified. Village operations require direct verification with local authorities.

How to Start a Short-Term Rental Business

Step 1: Determine Your Property's Zoning and Requirements

Town of Hamilton Properties:

• Agricultural-Residential Zoning: Requires only an STR permit from the Code Enforcement Officer
• Residential, Hamlet, or Commercial Zoning: Requires both a Special Use Permit from the Planning Board AND an STR permit from the Code Enforcement Officer
• Primary Residence Exception: If the property is your primary residence, you only need an STR permit regardless of zoning district

Village of Hamilton Properties:

• Contact the Village directly to verify current moratorium status and requirements

Step 2: Obtain Required Permits

1. Special Use Permit (if required for your zoning)

   • Apply through the Planning Board
   • Valid for 2 years, requires renewal
   • Not required for primary residences

2. Short-Term Rental Permit

   • Apply to Code Enforcement Officer
   • $200 fee (new or renewal)
   • Valid for 2 years
   • Must be renewed 30 days before expiration
   • Each property requires its own permit

Step 3: Complete Application Process

Submit complete application to Code Enforcement Officer including:

• Completed STR application form
• All required attachments
• $200 fee
• Proof of notifications to adjacent property owners

Required Documents, Permits, Licenses, and Guidelines

Mandatory Documents for STR Permit Application:

1. Completed STR Application Form

   • Property owner information or authorized agent designation
   • Property details and zoning confirmation

2. Floor Plans

   • Accurate floor plans for each occupiable level
   • Must show sleeping rooms and convertible sleeping furniture

3. Plot Diagram

   • Shows building locations and dimensions
   • Parking areas and dimensions
   • Setback measurements from property lines
   • Well, septic, and leach field locations
   • Adjacent property owner names and street names

4. Water Test Report

   • Required if applicable

5. Madison County Occupancy Tax Registration

   • Valid Certificate of Registration required

6. Insurance Proof

   • Required for commercial STRs
   • $1,000,000 personal injury/death coverage
   • $100,000 property damage coverage

7. Compliance Checklist

   • Demonstrates meeting all safety standards

8. Prior Commitments Documentation

   • If STR commitments were made before law enactment (10/12/2023)

Safety and Property Standards Required:

Fire Safety:

• Smoke detectors in each sleeping room and one per floor
• Carbon monoxide detectors as required by NY State Uniform Fire Prevention and Building Code
• Posted evacuation procedures in each sleeping room
• ABC fire extinguishers on each floor and in kitchen
• Monthly fire extinguisher inspections with documented records

Property Standards:

• Compliance with current NYS Uniform Building Codes
• Operational exterior doors with clear passageways
• Electrical systems in good operating condition
• All heating sources (fireplaces, woodstoves) compliant with applicable laws
• Properly operating septic system compliant with Madison County Department of Health requirements

Occupancy and Parking:

• Maximum 2 people per bedroom plus 2 people per convertible sleeping furniture
• Maximum 12 total occupants including permanent residents
• Minimum 1 off-road parking space per bedroom
• Maximum parking spaces = number of bedrooms + 1

Signage and Exterior:

• One STR identification sign allowed (must follow Town Zoning Law on Signs)
• House number visible from road and driveway
• Weekly garbage removal during rental periods
• Secure garbage containers with tight-fitting covers

Specific Regulations by Jurisdiction

Town of Hamilton Regulations (Local Law #3 of 2023)

Permitted Uses:

• STRs allowed in Agricultural-Residential districts with permit
• STRs allowed in other districts with Special Use Permit + STR permit
• Primary residences exempt from Special Use Permit requirement

Operational Requirements:

• Rental contracts must include:
  • Maximum property occupancy
  • Maximum on-site parking provided
  • Good Neighbor Statement covering:
    • Residential area considerations
    • Quiet hours (10:00 PM - 7:00 AM)
    • Disorderly conduct laws (NY Penal Law §240.20)
    • Anti-littering provisions
    • Attended recreational campfire requirements

Insurance Requirements:

• Commercial STRs must maintain $1,000,000 liability for personal injury/death
• $100,000 property damage coverage minimum

Display Requirements:

• STR permit, maximum occupancy, parking limits, contact form, and standards must be prominently displayed inside and near front entrance

Village of Hamilton Regulations

Current Status:

• Moratorium on new transient rental establishments was enacted in 2022
• Moratorium period was one year with potential for two 180-day extensions
• Direct verification required for current status and any subsequent regulations

Previous moratorium provisions prohibited:

• New lodging or transient occupancy uses in R-Family Residential District
• Applications for permits, variances, or approvals for STR establishment
• Existing lawful STRs were grandfathered
• Bed-and-breakfast operations by resident operators were exempt

Contact Information for Local STR Authorities

Town of Hamilton STR Authorities

Code Enforcement Officer (STR Permits):

• Phone: (315) 824-3380
• Address: 38 Milford Street, Hamilton, NY 13346
• Fax: (315) 366-3054
• Website: www.TownofHamiltonNY.gov
• Email: Contact through website or phone

Town Clerk:

• Phone: (315) 824-3380
• Same address and fax as above

Planning Board (Special Use Permits):

• Contact through Town Hall at (315) 824-3380
• Special Use Permit applications and renewals

Village of Hamilton STR Authorities

Village Contact Information:

• Phone: (315) 824-1111
• Alternate: (844) 824-1100 (gas emergencies)
• Address: 3 Broad Street, PO Box 119, Hamilton, NY 13346
• Website: www.hamilton-ny.gov
• Contact form available on website

Code Enforcement Department:

• Available through main village number
• Handles building permits and code compliance

Madison County (Occupancy Tax Registration):

• Contact County Clerk's office for occupancy tax registration requirements

Source Pages and References

1. Town of Hamilton Local Law #3 of 2023 - STR Standards

   • townofhamiltonny.gov/DocumentCenter/View/340/Town-of-Hamilton---Short-Term-Rental-Standards-PDF

2. Village of Hamilton Transient Rental Moratorium (2022)

   • hamilton-ny.gov/wp-content/uploads/2022/01/Moratorium-Transient-Rentals.-DRAFT.2Cl.pdf

3. Town of Hamilton STR Frequently Asked Questions

   • www.townofhamiltonny.org/FAQ.aspx?QID=75

4. Village of Hamilton STR Draft Regulations Page

   • hamilton-ny.gov/draft-short-term-rentals/

5. Town of Hamilton STR Application Form

   • townofhamiltonny.gov/DocumentCenter/View/343/Town-of-Hamilton---Short-Term-Rental-Application-PDF

Important Notes for Investors

• Town regulations are currently active and comprehensive as of October 2023
• Village regulations require direct verification due to the 2022 moratorium status
• Each property requires its own permit - no multi-property permits available
• Primary residence status provides significant regulatory advantages in the Town of Hamilton
• Insurance requirements are mandatory for commercial operations
• Madison County occupancy tax registration is required regardless of municipality
• ** STR permits must be renewed every 2 years**, with 30-day advance notice required

Next Steps for Prospective STR Operators

1. Verify your property's exact location (Town vs. Village boundaries)
2. Determine your property's zoning district
3. Confirm whether you qualify for primary residence exemption
4. Contact the appropriate Code Enforcement Office for current requirements
5. Review the complete Local Law #3 of 2023 for detailed compliance requirements
6. Schedule pre-application consultation if desired
7. Prepare all required documentation before submitting applications

This guide provides the framework for STR investment in Hamilton, NY, but investors should always verify current requirements with local authorities before making investment decisions or commencing operations.