Overview: Are Short-Term Rentals Allowed in Tonawanda, New York?

Short-term rentals are explicitly PROHIBITED in single-family residential districts within the Town of Tonawanda, New York, according to the proposed Comprehensive Zoning Law Amendment. This represents a clear and definitive ban on STR operations in the town's primary residential zoning category.

The Town Board has determined that short-term, transient rentals can be incompatible with the sense of privacy, community, and ambience currently enjoyed in residential neighborhoods and have the potential to create a threat to the public health, safety, and well-being within the Town.

How to Start a Short-Term Rental Business in This Market

Important: Given the explicit ban on short-term rentals in single-family residential districts, starting a traditional STR business in the Town of Tonawanda is currently not permitted under the proposed zoning law amendments.

Alternative Considerations:

• Multi-family properties: The proposed regulations specifically mention single-family residential districts. Properties in other zoning districts may have different rules, but investors should verify current regulations with the town.
• Home occupations: The zoning amendment includes updated home occupation regulations, which may provide limited business opportunities within residential areas.
• Commercial districts: Properties located in commercial or mixed-use zones may offer opportunities, though specific regulations would need to be confirmed with local authorities.

Required Documents, Permits, Licenses, and Guidelines

Given the prohibited status in single-family residential districts, the following requirements apply to any potential STR operations in other zoning categories:

Current Requirements (for non-prohibited properties):

• Building Permits: All STR properties must comply with standard building codes and obtain necessary permits
• Fire Safety Inspections: Required for all rental properties
• Health Department Approvals: If applicable to the property type
• Zoning Compliance: Must verify STR use is permitted in the specific zoning district

Historical Context:

The Town's existing zoning law (from the 1940s) has been described as a "patchwork of contrarian code language" that has created confusion about development permissions. The new comprehensive zoning law aims to eliminate these ambiguities.

Specific Regulations for Short-Term Rentals

Town of Tonawanda Regulations:

Single-Family Residential District Ban:

• Short-term rentals are explicitly prohibited in single-family residential districts
• This represents one of the most restrictive approaches to STR regulation in the region
• The ban is part of broader neighborhood protection measures included in the comprehensive zoning update

Other Zoning Districts:

• Multi-family residential districts may have different rules
• Commercial and mixed-use districts may allow STR operations
• River Road corridor has been designated for expanded mixed-use zoning

New York State Regulations ( Erie County Context):

Multiple Dwellings Law:

• Prohibits rentals of less than 30 days in "Class A" multiple dwellings (buildings occupied by three or more families living independently) without a host present
• This applies statewide, including the Town of Tonawanda

General State Framework:

• No requirement for local government to acknowledge short-term rentals as a permitted use
• Definitions and regulations vary by municipality
• Up to each municipality to define, prohibit and/or regulate short-term rentals as they choose

Tax Requirements:

• Hosts are responsible for understanding and complying with state tax laws
• Collection and remittance of appropriate sales and occupancy taxes required
• Airbnb collects occupancy taxes in 37 New York counties, though investors should verify current coverage

Safety and Operational Standards (General NYS Guidelines):

Health and Safety Requirements:

• Emergency evacuation plans and diagrams required
• Smoke and carbon monoxide detectors mandatory
• Fire extinguishers required
• Regular inspections may be required

Nuisance Standards:

• Noise restrictions (typically quiet hours between 10 PM - 8 AM)
• Waste disposal requirements
• Parking limitations
• Occupancy limits enforcement

Contact Information for Local Authority

Town of Tonawanda - Planning & Development Department:

Physical Address: 2919 Delaware Ave #14 Buffalo, NY 14217

Phone: (716) 877-8800

Email: Planning & Development Department Note: The website mentions comments can be sent via email, but the specific email address is protected by JavaScript

Website: www.tonawanda.ny.us/

Key Departments for STR Inquiries:

• Building Department
• Planning & Development
• Code Enforcement

Links to Source Pages

Primary Regulatory Source:

• Town of Tonawanda Comprehensive Zoning Law Amendment: www.tonawanda.ny.us/development/comprehensive-zoning-law-amendment.html

Supporting Documents:

• Proposed Zoning Law Part 1 (Introductory Provisions): Available through town document center
• Proposed Zoning Law Part 2 (District & Use Regulations): Available through town document center
• Proposed Zoning Law Part 3 (Development Standards): Available through town document center
• Proposed Zoning Law Part 4 (Application and Review Procedures): Available through town document center
• Draft Revised Zoning Map: Available through town document center

State Reference:

• Erie County Short-Term Rental Regulation Guide: www3.erie.gov/environment/sites/www3.erie.gov.environment/files/2024-10/short-term-rental-regulation-2-per.pdf

Additional Resources:

• Town Code: ecode360.com/TO0123?needHash=true
• Building Department: www.tonawanda.ny.us/development/building.html
• Forms and Applications: www.tonawanda.ny.us/development/forms.html

Investment Implications and Recommendations

The explicit ban on short-term rentals in single-family residential districts represents a significant regulatory constraint for STR investors in the Town of Tonawanda. The comprehensive zoning update, expected to be adopted following the Spring 2024 public hearing, formalizes this prohibition and provides a clear regulatory framework.

For Potential Investors:

1. Due Diligence Essential: Verify current zoning status before any property acquisition
2. Alternative Strategies: Consider properties in commercially zoned areas
3. Long-term Rentals: Traditional rental properties may be more viable given the STR restrictions
4. Consult Local Experts: Engage with local real estate professionals familiar with the new zoning framework

Compliance Timeline:

• The comprehensive zoning law amendments are currently in draft form as of February 2024
• Public hearing scheduled for Spring 2024
• Investors should monitor adoption status and effective dates

The Town of Tonawanda's approach represents one of the more restrictive STR regulatory frameworks in Western New York, prioritizing neighborhood character and residential stability over short-term rental tourism income.