What is a Legal Nonconforming STR (LNCR)?
A LNCR is a multiple-family unit located within Short-Term Rental (STR) Overlay Zone B or C that was lawfully used as an STR within the 12 months prior to the effective date of the STR Overlay Zone on June 15, 2022. To maintain the legal nonconforming status, the STR status may not be abandoned for any consecutive 12-month period.
Each consecutive 12-month period resets the day of the last STR departure. For example, if a guest leaves on April 1, 2023, you must have another rental in place by April 1, 2024.
What is Legal Nonconforming Registration?
Legal Nonconforming Registration is a process that documents the legal nonconforming status of a use. Legal nonconforming registration and status is required for most properties located in STR Overlay Zones B and C to be eligible to apply for and obtain an STR license.
Does Legal Nonconforming Status Terminate or Expire?
Yes, legal nonconforming status of an STR terminates immediately if the use has been abandoned or discontinued for any period of 12 consecutive months regardless of any intent to resume operation of the use.
Does Legal Nonconforming Use Transfer with a Sale?
Yes, as long as the legal nonconforming use is not abandoned for any period of 12 consecutive months, the registration will remain valid and will transfer with the sale of the property.
Buyers of properties registered as legal nonconforming STRs should request from the current owner a booking report showing all completed stays within the twelve months prior to close. This document must be uploaded, in addition to the other requisite documents, during the STR license application process.