[HISTORY: Adopted by the Town Board of the Town of Mendon 6-12-2023 by L.L. No. 1-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law was adopted as Ch. 236 but was
renumbered to maintain the organization of the Code.
Legislative intent. The purpose of this chapter is to control
and regulate the use of short-term rentals within the Town of Mendon.
The provisions of this chapter are intended to preserve and protect
the health, character, safety, and general welfare of the residential
neighborhoods where such uses may exist, in a manner that is consistent
with, and in furtherance of the Town Comprehensive Plan, including
to assure that the properties being rented meet certain minimum safety
requirements, as well as to protect against adverse impacts thereof,
including relative to the character of the neighborhoods in which
they are located, which are often residential, and otherwise to protect
against the adverse effects relating to noise, traffic, excessive
gathering of people and general disruption to Town residents. Understanding
that one is not constitutionally entitled to the most beneficial use
of their property, it is not the inherent right of a property owner
to rent their property on a short-term basis, rather a privilege.
In order that all short-term rentals be established and operated
consistently with the values of the Comprehensive Plan, and in the
best interests of the community, this chapter is hereby adopted and
shall be known as the "Short-Term Rental Local Law of the Town of
Mendon." Upon approval of this chapter by the Town Board, all short-term
rentals within the Town of Mendon will require an operating permit
in accordance with the provisions of this chapter.
Any words or terms not defined in this section are to have their
common meaning.
Other than as defined in Subsection B of this definition, properties, parcels, lots, or units that are contiguous, or abutting the subject STR, whether on the same side of the road, across the road, or behind the subject STR; and
When the subject STR is a condominium unit or apartment that
is a portion of a building containing other units on multiple floors
with multiple condominium units on each floor, this shall mean all
units on the same floor as the subject STR and also those units adjoining
directly above and below the subject STR.
An owner-occupied residence resulting from a conversion of a one-family dwelling, used for providing overnight accommodations and a morning meal to not more than 10 transient lodgers, and containing not more than five bedrooms for such lodgers. (See also "Bed-and-breakfast" in § 5-4.)
A building arranged or used for lodging for compensation,
with or without meals, and not occupied as a single-family unit.
The spaces in a building for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, storage or utility spaces, garages, halls, and laundry rooms are not considered habitable spaces. (See also, "floor area, habitable" in § 5-4.)
The on-site presence of the owner at the property during
the duration of the rental period.
A group of 25 persons or more unrelated persons.
Person(s) and/or entity(ies) that hold(s) legal and/or equitable
title to the property housing an STR.
Owner of the property, or a person designated by the owner(s)
to act as an agent of owner. Said responsible person shall act as
a point of contact, and shall be capable of identifying existing and
predictable hazards in the surrounding property relating to conditions
which are a nuisance, unsanitary, hazardous, or dangerous to occupants,
and shall have authorization to take prompt corrective measures to
eliminate such conditions. The person shall be competent by way of
training and/or experience, be knowledgeable of applicable conditions
and standards, be capable of identifying hazards or unfavorable conditions
relating to the specific rental operation, and have the authority
to correct them. The responsible person shall respond promptly to
the Town and be responsible for ensuring compliance with this chapter.
Any dwelling or portion of real property rented for compensation
in exchange for lodging for a period of not less than one day and
not more than 30 consecutive days. For the purpose of this chapter,
the term "short-term rental" shall not include a bed-and-breakfast,
boarding/lodging house, hotel, motel, sites at campgrounds or ongoing
month-to-month tenancies.
A.
The following shall create a presumption that all or a part of the
property is a short-term rental: All or a part of the subject property
is offered for lease for 31 days or less through any form of advertising,
including but not limited to on a short-term rental website, such
as Airbnb, Home Away, and/or VRBO.
B.
The foregoing presumption may be rebutted by sufficient evidence
presented to the Code Enforcement Officer that the premises is not
operated as a short-term rental.
B.
A new short-term rental permit shall be valid for a maximum of one
year. Renewal permits shall be valid for a maximum of two years. All
STR permits shall expire on December 31 of the relevant calendar year.
Renewal applications shall be applied for at the Town of Mendon Building
Department and such applications shall be received no later than December
1 of the current year if the premises is to continue to operate as
a short-term rental. Permits that expire and have not been reapplied
for will be handled as a new application.
C.
The short-term rental permit is nontransferable. Any new owner of
the subject premises must apply for new permit to operate any short-term
rental.
A.
Applicants for a short-term rental shall submit a completed application
for an operating permit to the Town of Mendon Building Department,
accompanied by payment of a nonrefundable application fee to be determined
from time to time by resolution of the Town Board. The application
shall include the following:
(1)
A signed statement authorizing the Code Enforcement Officer to inspect
the property prior to the issuance of the permit and from time to
time, upon reasonable notice to the owner and responsible person,
to ensure compliance with this chapter. The Code Enforcement Officer
shall reject incomplete applications, such as where an application
fails to meet the requirements of this chapter.
(2)
All owners and their responsible persons shall sign the application.
(3)
A signed acknowledgement of present and ongoing compliance with the
short-term rental requirements as defined in this chapter shall be
provided. Standards include, but are not limited to, adequate off-street
parking spaces, ingress and egress, areas for refuse, required life
safety components, and emergency vehicle access.
(4)
No short-term rental shall abut or exist within 200 feet of the property line of a currently permitted STR. (See also "Adjacent properties" in § 208-3, Definitions.)
(5)
Contact information for the owner(s) and responsible person(s). Contact
information shall include: names, addresses, telephone numbers, and
email addresses of each entity or person(s).
(6)
The responsible person shall be authorized to act on the owners'
behalf to promptly remedy any violation of the standards outlined
in this section. Such person shall respond to any correspondence or
concern from the Town Code Enforcement Officer and remedy any adverse
conditions within 24 hours.
(7)
Prior to the issuance of any permit or renewal permit, the applicant
shall notify adjacent properties that a short-term rental permit or
renewal is being applied for. Adjacent owners must be notified via
certified mail, return receipt requested, and submit the return receipts
with the permit application or renewal application.
(8)
Site plan/floor plan requirements:
(a)
A dimensioned floor plan, drawn in ink, to scale, measuring
at least 8.5 inches by 11 inches, containing a title block with signature
line(s), and certified by the applicant, including the following:
[1]
Location of all buildings, parking, and refuse areas.
[2]
Basement floor plan including bedrooms, emergency escapes and
rescue openings, utilities, heating and cooling appliances, and means
of egress.
[3]
First floor plan including bedrooms, emergency escapes and rescue
openings, utilities, heating and cooling appliances, and means of
egress.
[4]
Second floor plan including bedrooms, emergency escapes and
rescue openings, utilities, heating and cooling appliances.
[5]
Means of egress including path of travel from sleeping rooms.
[6]
Location of all smoke and carbon monoxide detectors, and fire
extinguishers.
(b)
No sleeping rooms or areas are allowed two stories above the
second floor.
(c)
No accessory structures, tents, recreational vehicles, or other
similar arrangements are allowed for sleeping rooms/arrangements.
(9)
A statement from all owners and responsible persons that they have
not had a STR violation or revocation within the previous year that
has not been resolved to the satisfaction of the Town. A list shall
be provided to the Town of all properties owned or managed by the
owner and/or responsible person, whether wholly or in part, within
the Town of Mendon or elsewhere.
B.
All submitted applications are subject to review and approval of
the Code Enforcement Officer for completeness.
C.
Owners wishing for relief from any conditions herein shall be referred to the Zoning Board of Appeals, which shall have the authority to hear such appeals. Variance applications will be reviewed by the Zoning Board of Appeals in accord with § 260-92 of the Town's Zoning Code. An area variance must be obtained prior to an approval from the Mendon Town Board.
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Schedule of Zoning Districts
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RA-1
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No short-term rentals permitted
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RA-2
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No short-term rentals permitted
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RA-5
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No short-term rentals permitted
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RS-30
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No short-term rentals permitted
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Industrial
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Permitted with operating permit
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PUD
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Subject to the conditions of the PUD
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Business
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Permitted with operating permit
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A.
Property requirements.
(1)
The subject property shall comply with all current New York State
Uniform Fire Prevention and Building Codes and the Town Code. Any
preexisting deficiencies or noncompliance shall be corrected prior
to permit issuance.
(2)
There shall be one working smoke detector in each sleeping room and
one additional smoke detector on each floor. Smoke detectors and carbon
monoxide detectors shall be installed as required by the New York
State Uniform Fire Prevention and Building Code.
(3)
Evacuation procedures shall be posted in each sleeping room, the
kitchen, and main living room to aid in the event of a fire or smoke
condition or upon activation of a fire- or smoke-detecting or other
alarm device.
(4)
There shall be a portable fire extinguisher(s) provided on each floor
and in the kitchen, in accordance with New York Fire Code Section
906. A record of inspection shall be maintained and made available
to the Code Enforcement Officer at the time of application renewal
request.
(5)
The house number shall be located both at the road and on the dwelling
unit so the number is clearly visible from the road and the driveway.
(6)
Exterior doors shall be operational and all passageways to exterior
doors shall be kept clear and unobstructed and have an exterior light
at all exits.
(7)
Electrical systems shall be in good operating condition, labeled,
unobstructed and shall be visible for the Code Enforcement Officer
during the permitting process, any defects found shall be corrected
prior to permit issuance.
(8)
The property shall have a minimum of one off-road parking space for
every bedroom available for rent as per the floor plan.
(9)
Maximum occupancy for each short-term rental unit shall not exceed
two people per bedroom, with a four-bedroom maximum. One full-size
convertible sleeping accommodation or furniture (i.e., futon, hide-a-bed),
is allowed and shall be identified on the floor plan. However, the
maximum occupancy of a short-term rental property, including with
any convertible sleeping accommodation, shall not exceed eight people,
including permanent residents and renters.
(10)
In the event that the property has a septic system, the maximum
occupancy shall be defined by the capabilities of the septic system,
but in no event shall overnight occupancy for any short-term rental
unit exceed eight people in total. The Mendon Town Board can reduce
the occupancy number depending on each individual circumstance.
(11)
The applicant shall have the septic system certified in writing
by a New York State licensed design professional who specializes in
on-site wastewater treatment systems. Occupancy cannot be increased
by means of temporary facilities; thus, outdoor privies are prohibited.
The septic system is required to have been pumped within the past
three years and proof of pumping and satisfactory inspection by a
qualified septic disposal firm shall be presented to the Code Enforcement
Officer. Once a short-term rental permit is issued, the septic system
must be pumped/serviced at least once every three years.
(12)
Potable water source certification shall be submitted with the
application.
(13)
All state, county, and local taxes owed shall be current and
paid in full when due.
(14)
A contact list of all owner's and responsible person's,
name, address, telephone number, and email shall be provided to adjacent
properties and posted in the premises offered for rent.
B.
Insurance and indemnification. Prior to the issuance of any permit
or renewed permit, the owner shall provide evidence of property insurance
by submitting a current accord certificate of general liability and
must reference that the premises is rated as a short-term rental.
An indemnification agreement accompanying the insurance shall hold
harmless and indemnify the Town of Mendon against any claims made
by renters relating to the short-term rental and shall be maintained
throughout the term of the short-term rental permit. The Code Official
shall be notified upon cancellation of said insurance.
C.
Provisions shall be made for weekly garbage removal during rental
periods. Garbage containers shall be secured with tight-fitting covers
at all times to prevent leakage, spilling, or odors and placed where
they are not clearly visible from the road except at approximate pickup
time.
D.
STR - permit posted. Prior to the issuance of any permit or renewal
permit, the owner or responsible person shall provide the Town with
an affidavit of posting, that the issued permit is posted on the premises,
in a visible common area, with the following terms:
(1)
Maximum property occupancy of the STR;
(2)
Maximum on-site parking provided; and
(3)
A.
Short-term rental permit applications shall be filed with the Town
of Mendon Code Enforcement Officer with all supporting documentation
and the nonrefundable permit fee.
B.
Only completed applications will be accepted by the Town's Code
Enforcement Officer. The Code Enforcement Officer shall decline to
accept an application for consideration for any of the following reasons:
(1)
The application and documentation required by this chapter were not
included or the full permit fee was not paid.
(2)
A previously issued short-term rental permit was revoked within the
past year and defects and/or violations the subject thereof not been
corrected and inspected by the Code Enforcement Officer.
C.
Upon the Code Enforcement Officer's acceptance of the completed
permit application, all documents and information required by this
section and the permit fee, the Code Enforcement Officer will, in
a reasonable amount of time, conduct a property inspection to certify
and approve that all short-term rental requirements have been met.
D.
Application will be referred to the Environmental Conservation Board,
Historical Preservation Commission and the Planning Board for review.
Upon review, these Boards and Commissions will report their findings
and give a favorable or unfavorable recommendation to the Mendon Town
Board. The Town Board will hold a public hearing before rendering
a decision on the application, and may deny any application with prejudice.
E.
Upon approval of the short-term rental application by the Mendon
Town Board, the Code Enforcement Officer will issue a short-term rental
operating permit. Permits issued pursuant to this section shall state
the following:
(1)
The name, address and phone number the responsible person, who shall
be available during the duration of each rental.
(2)
The maximum occupancy and vehicle limits for the short-term rental
property.
(3)
Identification of the available number and location of parking spaces
available.
(4)
Any conditions imposed by the Town Board or Zoning Board of Appeals.
Short-term rental permits are subject to continued compliance
with the requirements of these regulations.
A.
The short-term rental permit, maximum occupancy limit, maximum parking,
contact form and standards shall be prominently displayed inside and
near the front entrance of the short-term rental; and
B.
The owner or responsible person shall ensure that information contained
on the permit is current and accurate, and shall notify the Code Enforcement
Officer immediately of any change in such information. The Code Enforcement
Officer shall issue an amended permit containing such updated information,
and the owner or responsible person shall immediately post the amended
permit inside and near the front entrance of the short-term rental.
C.
The short-term rental permit holder shall conspicuously display the
short-term rental permit number in all advertisements for the applicable
short-term rental.
A.
The Code Enforcement Officer is charged with enforcing compliance with this chapter. Violations of this chapter or of any short-term rental permit shall be subject to the enforcement and penalties prescribed in accordance with Chapter 241 of the Town of Mendon Code.
B.
If the Code Enforcement Officer witnesses or receives a written complaint
of an alleged violation of this chapter or of any short-term rental
permit, the Code Enforcement Officer shall properly record such complaint
and investigate the report thereon. If the Code Enforcement Officer
determines there has been a violation of this chapter, the owners
and responsible persons shall be notified in writing by first class
mail and certified return receipt mail of said violations and the
Code Enforcement Officer shall take any or all of the following actions:
(1)
Require the conditions of short-term rental permit are achieved.
(2)
Suspension of permit, and referral to Town Board for revocation of
a short-term rental permit. The notice of suspension shall be provided
to the property owner and a copy filed with the Town Clerk.
(3)
Require corrective action that remedies the violation(s). The corrective
action must be completed and approved within 30 days of notice from
the Code Enforcement Officer or the owner risks revocation of the
short-term rental permit.
(4)
Issue an appearance ticket for violation in accordance with the Town Code (Ch. 241), and pursue enforcement in a court of competent jurisdiction.
(5)
Revoke the short-term rental permit for failure to remedy any violations
after 30 days of receipt of an order to remedy. Should a permit be
revoked, all owners of the short-term rental shall be prohibited from
obtaining a short-term rental permit on the property for one year
after the date of revocation. The Code Enforcement Officer shall send
notices of revocation to the owners and responsible persons and shall
file a copy with the Town Clerk.
A.
The Code Enforcement Officer may immediately suspend a short-term
rental permit based on any of the following but not limited to:
(1)
The owner or responsible person has falsified or failed to provide
requisite information in the permit application or permit renewal
application.
(2)
The owner, responsible person, or any renter has been found to be
in violation of any of the requirements of this chapter, the Town
Code, or the Uniform Code, relating to the subject property, including
but not limited to disturbing the health, safety, peace, or comfort
of the neighborhood or which otherwise creates a public nuisance.
(3)
Owner, responsible person, or renters have been found guilty of any
crime which occurred at, or is otherwise related to the subject property.
B.
If the Code Enforcement Officer has probable cause to believe the
homeowner is not in compliance with the provisions of this chapter,
the Code Enforcement Officer shall notify the owner in writing to
request an inspection of the STR property for purposes of ensuring
compliance. Should the property owner refuse to permit the Code Enforcement
Officer access to the property within five days of the receipt of
written notice, the permit will be revoked. If an inspection authorized
herein is conducted, the Code Enforcement Officer shall use the results
of such inspection in determining whether to revoke the permit.
Renewal permits will be granted for up to an additional two-year
term, for a fee as determined from time to time by the Town Board.
All renewals shall meet the following conditions:
A.
Application for renewal of the short-term rental permit shall be
made 30 days prior to expiration of the current permit and requires
a nonrefundable payment of the renewal fee.
B.
The STR is subject to and shall have a property maintenance and fire
safety inspection performed by the Code Enforcement Officer within
the past 24 months.
C.
Any violations shall be remedied prior to renewal of a permit for
short-term rental.
D.
A public hearing regarding the Town Board's review and reapproval,
in which the property owner or designee's attendance is mandatory.
The property owner is entitled to appeal the Code Enforcement Officer's determination to the Zoning Board of Appeals in accordance with Town Code (§ 260-92).
Should any word, section, clause, paragraph, sentence, part
or provision of this chapter be declared invalid by a court of competent
jurisdiction, such determination shall not affect the validity of
any other part hereof.
All other ordinances or local laws of the Town of Mendon which
are in conflict with the provisions of this chapter are hereby superseded
or repealed to the extent necessary to give this chapter force and
effect during its effective period.
This chapter will take effect upon filing in the office of the
New York State Secretary of State. Notwithstanding the foregoing,
those properties with short-term rental commitments existing on the
date this chapter takes effect shall be permitted to honor such existing
commitments and continue to make commitments for short-term rentals
but must apply, within 30 days of the effective date, for all future
short-term rental commitments. In the event such application is denied,
all commitments must be canceled.
