In Bemus Point, a strong rental calendar on a listing may soon tell you more about the seller than about the house. The village's draft zoning law says a short-term rental permit does not pass to a new owner. A buyer would apply from scratch. In the residential districts, that buyer would compete for one of 20 annual permits and join a waiting list if they were all taken. Before that draft is adopted, a 12-month moratorium has already stopped new applications.
For anyone pricing a village home on its rental income, that changes the math. The income history belongs to the seller's permit, and under the draft the permit ends when the deed changes hands.
What the September Vote Froze
The Village Board held a public hearing on September 15, 2026, at 6:45 p.m. on a local law to temporarily suspend new short-term and vacation rental uses. The Post-Journal reported on September 17 that the board passed it, putting new short-term rentals on a 12-month hold.
Mayor Jeff Molnar told the Post-Journal that rentals already registered with the village and operating would not be affected. "Properties currently in our system can continue operating as they are," he said. "However, we will not be accepting new short-term rental applications for one year, until our zoning laws are updated." He added that the zoning ordinance was last updated in the 1980s.
The same article gives the village's current numbers. The mayor said there are about 16 or 17 registered short-term rentals, that the village is considering a total cap of roughly 20 to 24, and that registration costs $125. He also said existing practice does not allow short-term rentals side by side, "as we aim to avoid entire streets or blocks becoming rental properties." The village's published fee schedule, effective April 21, 2026, also lists the permit fee at $125. Deputy Mayor Ted Farnham summed up the board's aim this way: "We don't want whole neighborhoods turning into rental property."
Not everyone in the room agreed. The Post-Journal quoted a resident who owns two rental properties and a business in the village. She said restaurants, bars and small shops all benefit from well-run rentals.
As of this writing, the moratorium's full text, its local law number and its exact effective date are not posted online. The village's minutes page runs only through June 16, 2026. Nothing published says whether an existing registration carries over when a registered rental is sold during the pause.
The Draft Sentence That Matters Most in a Sale
On August 20, 2026, the village posted a preliminary draft of its zoning update on the Village of Bemus Point website for public comment. The Zoning Advisory Committee will review the feedback before a complete law goes to the Village Board for a public hearing and adoption. Section 25.16 of that draft, dated August 14, 2026, covers short-term rentals, and its permit section includes this clause:
"STR permits are not transferable to a new property owner. The new owner of an STR property must file for a new permit in accordance with this Section."
Other clauses in the draft build on that one. A permit would last 12 months from issuance, and "prior STR permit approvals are not a guarantee for renewal." The draft defines a short-term rental as a rental of not more than 30 consecutive days, excluding motels, hotels, inns, bed and breakfasts and ongoing month-to-month tenancies. Offering a property on Airbnb, HomeAway or VRBO for stays under 30 days, or advertising stays of 30 days or less anywhere else, would create a presumption that it is operating as one, which an owner could rebut with evidence given to the Zoning Officer.
The draft also changes the status of rentals that already exist. On the new law's effective date, every previously approved short-term rental would become a pre-existing nonconforming use. It would have one year to get a permit under the new rules or stop operating. During that year it could honor bookings already made, but it would have to stop advertising and taking new reservations until a new permit is issued.
Under the draft, then, current operators would also have to reapply. Their head start is the year they would have to do it.
Twenty Permits and a Waiting List
The cap is what makes non-transferability expensive. The draft limits residential districts to 20 short-term rental permits a year, with a waiting list once applications pass that number. Nonresidential districts would have no cap.
The village currently counts 16 or 17 registered rentals. If the draft is adopted as written, the residential pool would have very few open slots beyond the rentals already operating. Here is how a new owner in a residential district would move through the draft process:
- Apply for a special use permit, since the draft treats short-term rentals as specially permitted in the R-1, R-2 and R-3 districts. No rental permit can be issued until that approval is in place.
- Have the application date- and time-stamped on receipt. Applications are handled first come, first served, and anyone past the 20th goes on the waiting list in the order received.
- Wait for a permit to be revoked, expire without renewal, or fall away because an application was incomplete, withdrawn or denied. Each of those opens a spot for the next person on the list.
- Respond within 30 days of being notified that a spot has opened. Missing that window counts as withdrawing, and the village moves to the next name.
Once the village notifies property owners within 300 feet, the application moves forward. The draft also bars a permit for any owner whose permit was revoked within the previous 36 months.
The Zoning District Matters More Than the Rental History
The cap applies only to residential districts, so the most useful fact about a Bemus Point property may be which district it falls in on the draft zoning map. The draft use table sorts short-term rentals like this:
| Draft district | Short-term rental status | Annual permit cap |
|---|---|---|
| R-1, R-2, R-3 residential | Special use permit plus STR permit | 20 across residential districts |
| MU-VC and MU-G mixed-use | Permitted by right, STR permit still required | No numerical cap |
| P | Not allowed | Not applicable |
The mixed-use districts also allow upper-floor dwelling units. That fits Mayor Molnar's comment that rentals above businesses are "a valuable use of the properties." The draft text does not include the side-by-side restriction the mayor described as current practice, so that rule's future is unclear. The draft map, use table and text are all linked from the village's zoning code update materials. The village describes it as a roughly 15-month project with six advisory committee meetings and three public-input events.
What a Permit Would Require of the House
Even with a permit, the draft limits how much rental capacity a house can claim. Occupancy would be capped at two adults per bedroom and never more than 10 adults, with "adult" meaning anyone over 18. A large lake house that has advertised sleeper sofas and a bunk room would be judged on bedrooms. The application would still have to list every bed, including day beds and sleeper sofas.
Several draft operating rules apply to features that often justify a lakefront premium:
- No accessory structure could be used for overnight sleeping, which affects boathouse and guest-cottage setups.
- Docks, pools, lawns and accessory structures could not be rented separately from the approved rental.
- No weddings, parties or events larger than the approved occupancy, and no fireworks, pop-up tents, portable toilets, or tent or RV camping.
- Off-street parking only, with no guest parking on public streets or lawns.
- Quiet hours from 10 p.m. to 7 a.m. on weekdays and 11 p.m. to 7 a.m. on weekends, with no outdoor speakers during those hours.
- A local contact who can respond to complaints within 12 hours.
- An inspection before the first permit and before every annual renewal, plus fire extinguishers on each floor and in each kitchen, checked monthly.
Under the draft, two violations, a material misrepresentation, or fines unpaid for a week can lead to revocation. In a capped district, a revoked permit goes to the next name on the list.
The County Rules Are Already Settled
The village rules are still moving, but the county layer is not. On June 24, 2026, the Chautauqua County Legislature unanimously adopted Local Law Intro 4-26, Print 2, by a 19–0 vote. It amends the county's hotel and short-term rental occupancy tax and its short-term rental registry. The county minutes record the vote. The Bemus Point draft would also require every applicant and permit holder to register with the county as a lodging business for occupancy tax.
Next door, Lakewood already runs a similar system. The village's zoning chapter requires a one-year special use permit, renewed annually. It caps occupancy at two per bedroom or 10 total, whichever is lower, and requires a local contact who can arrive within 30 minutes. In August 2025, the Post-Journal reported Lakewood's annual application fee at $500 for village residents, $1,000 for other county residents and $1,500 for owners outside the county. The board approved three permits that month, one by a 3–2 vote after a variance.
A Few Direct Questions
Is the 20-permit cap law right now?
No. The cap, the transfer bar and the transition rules all come from a draft the village posted for comment. The moratorium is the adopted piece. The Zoning Advisory Committee could change the draft before it reaches a hearing.
If I buy a currently registered rental during the moratorium, does the registration continue?
No published source answers this yet. The Post-Journal reported that existing registered rentals can keep operating, but the moratorium's text is not online. The clearest step is to get the Village Clerk's answer in writing before contract deadlines pass. The village also requires a rental agreement to be filed with the Clerk before any short-term rental is rented.
I own a registered rental and plan to sell. How does this affect my listing?
Under the draft, your permit would stay with you, and your buyer would apply on their own. That makes the zoning district, bedroom count and off-street parking the facts a rental-minded buyer can rely on, because those carry over with the property.
If you're weighing a Bemus Point purchase or sale with a rental plan in mind, Hanna Briggs can help you look up the property's draft zoning district, compare its layout against the occupancy and parking rules, and find out what the village will confirm in writing before you commit. Schedule a free consultation and bring the address.
This article is general information, not legal, tax or financial advice. Consult a qualified professional about your situation.
