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1. All or a part of a property is offered for lease by a booking service including but not limited to, Airbnb, VRBO, and Zillow, for a rental period of less than 30 consecutive days; and/or 2. All or a part of a property is offered for lease for a period of less than 30 consecutive days through any form of advertising. B. The foregoing presumptions may be rebutted by evidence presented to the Town of Hamburg Code Enforcement Department, that the property is not operated as a short-term rental unit or for short- term rental purposes. C. Exemptions. The provisions of this Chapter shall not apply to properties owned by a college or university for inhabitation by administrative officers and/or faculty free of charge; properties owned by a faith-based organization for use as a living quarters by clergy free of charge; hotels; motels; hospitals; nursing homes; assisted living facilities; group homes or other dwelling units which offer or provide medical or nursing services if such units are subject to state or federal licensing or regulations concerning the safety of the users, patients or tenants. § 280-440. Permit Required. A. Persons shall not use property located within the jurisdictional boundaries of the Town of Hamburg for short-term rentals or as short-term rental units without first obtaining a revocable short-term rental permit. B. A short-term rental permit shall be valid for two years from the date the permit is issued and must be renewed prior to expiration as long as the unit is used as a short-term rental. A short- term rental unit may be renewed pursuant to § 280-445 below. C. Short-term rental permits are non-refundable and not transferable to a new owner of property for which such permit has been previously issued. Any new owner of property shall file a new short-term rental permit application with the Town of Hamburg, pursuant to § 280-444. § 280-441. Districts where short-term rentals are allowed. A. Short-term rentals shall be permitted in the following districts: WC (Waterfront Commercial District) NC (Neighborhood Commercial District) PUD (Planned Unit Development) MU1 (Mixed Use District 1) R-1 (Single-Family Residence District) R-2 (Single-Family Residence, Attached District) R-3 (Multifamily District) R-4 (General Residence, Mobile Home Court District) R-A (Residential Agricultural District) R-E (Single-Family Residence Estate District) 136