Tonawanda, NY Short-Term Rentals: Primary-Residence-Only Rule (2026)

Section 215-24.7B ties short-term rental and bed-and-breakfast use in the Town of Tonawanda directly to owner occupancy: the use may be permitted only in an owner-occupied single-family dwelling, or in a detached accessory structure located on the same lot as that dwelling. An investor-owned property with no resident owner, or a rental operated out of a structure on a different lot than the owner's residence, does not qualify under this provision. Section 215-24.7C reinforces the restriction by barring the use entirely on a nonconforming lot or within a nonconforming structure, meaning a property already out of compliance with the Town's dimensional or use standards cannot add a short-term rental on top of that nonconformity.

The owner-occupancy condition works together with the rest of § 215-24.7's standards: the operation must be licensed and registered with the Town and subject to Erie County's Hotel Occupancy Tax under § 215-24.7A, any on-site merchandise sales must stay incidental to the lodging use, and the residential character of the lot and its structures must be preserved, with nonresidential structural alterations or additions prohibited. Taken together, these provisions mean the Town's short-term rental use is designed around an owner who lives on the property and hosts guests either in the main home or in a legally accessory structure, not around an absentee owner running a standalone rental business from a converted building.