[Added 9-28-2004 by L.L. No. 4-2004]
A.
Intent. The intent of the special use permit is to
allow the proper integration into appropriate zoning districts of
certain uses which, because of their characteristics, require special
consideration. A special use permit may or may not be appropriate
for a particular use in a particular location depending on a case-by-case
review weighing the public benefit and need against the impact and
effects.
B.
Applicability.
(1)
Certain uses, not permitted as a matter of right
in a zoning district, may be located therein upon the issuance of
a special use permit by the Planning Board. The provisions of this
section shall apply to the issuance of all special use permits.
(2)
Any use designated as "S" (special use) in the Use Regulation Table, found at § 202-19 of this chapter, shall require a special use permit. No special use permit may be issued until the Planning Board, after a public hearing, determines that the use:
(a)
Is in general conformance with the Comprehensive
Master Plan of the Village of Penn Yan.
(b)
Will be in harmony with other uses in the zoning
district in which it would be located to ensure that the proposed
use is to be conducted in a manner compatible with the surrounding
neighborhood and will not constitute a threat to the public health,
safety, welfare or convenience.
(c)
Will not tend to depreciate the fair market
value of the adjacent properties and takes into account any possible
need for screening or other protective measures.
(d)
Will not create a hazard to health, safety or
the general welfare.
(e)
Will not be detrimental to the flow of traffic
in the vicinity.
(f)
Will be served adequately by essential public
facilities and services, such as highways, streets, parking spaces,
police and fire protection, drainage structures, refuse disposal,
water and sewer and schools; or that the persons or agencies responsible
for the establishment of the proposed use will provide adequately
for such additional services as the Planning Board deems appropriate.
C.
Application for special use permit.
[Amended 5-19-2020 by L.L. No. 5-2020]
(1)
Upon receipt of any application that requires a determination
with respect to zoning, the Code Enforcement Officer shall determine
whether a special use permit is required.
(2)
Applications for a special use permit shall be made to the Village
Planning Board, through the Village Planning Office. Application forms
must be accompanied by the requisite fee, as established by the Board
of Trustees, and submitted to the Village Planning Office at least
three weeks in advance of the Planning Board meeting at which they
are intended to be considered.
(3)
Applications shall be referred to the County Planning Board
for review if required pursuant to General Municipal Law § 239m.
(4)
Each application shall be accompanied by the requisite number
of copies of a proposed site plan, drawn to scale, showing the following.
(Note: The Planning Board may waive, in writing, such of these specifications
which are not necessary or appropriate, depending on the type, size,
design, location or special circumstances of the proposed use. Any
such waiver(s) shall be based upon a motion duly made and passed by
the Planning Board. The reasons for such waiver(s) shall be set out
in the record of the Planning Board meeting.)
(a)
The title of the drawing, the name and address of the person
responsible for preparation of the drawing, and the date of the drawing.
(b)
A general location map identifying the location of the lot for
which the permit is requested, including the Tax Map number and street
address.
(c)
Boundaries of the lot for which the permit is requested.
(d)
Location of all streets and identifying existing land uses within
300 feet of the boundaries of the lot for which the permit is requested.
(e)
Location, dimensions and description of all existing or proposed
buildings and structures on the lot, including distances of all exterior
portions of the buildings or structures to the lot boundary lines.
(f)
Location of any existing or proposed outdoor storage, including
description and quantities of what is to be stored.
(g)
Location of all existing and proposed access drives, parking
areas and other paved surfaces, showing dimensions and setback distances
to lot boundary lines.
(h)
All existing and proposed landscaping on the property.
(i)
A grading and drainage plan showing proposed elevation contour
lines of the lot upon which the use is proposed. Such grading and
drainage plan shall show the elevation contours for the immediate
10 feet outside the boundary lines of and surrounding the premises
which is the subject of the application, for the full perimeter of
such subject premises.
(j)
Location of existing and proposed water lines, sanitary and
storm sewers, natural gas lines and power, telephone and cable lines.
(k)
Location and description of all existing and proposed exterior
signs.
(l)
Location and design of all exterior lighting fixtures, including
directions of lumination and intensity thereof.
(m)
A record of application and status of any other permits required
for the project.
(n)
Requisite state environmental quality review documentation.
(o)
Any other information concerning the proposed use considered
necessary by the Planning Board in its sole discretion.
(5)
Any costs incurred by the Planning Board for consultation fees
or extraordinary expenses in connection with the review of any application
for a special use permit shall be charged to the applicant and shall
be paid in full prior to issuance of the permit.
(6)
At the discretion of the Planning Board, application and approval
may proceed concurrently with those of site plan approval. No final
site plan approval shall be given until the special use as been approved.
D.
Public hearing; decision; permit.
[Amended 5-19-2020 by L.L. No. 5-2020]
(1)
The Planning Board shall conduct a public hearing before issuing
any special use permit. Such hearing shall be opened within 62 days
of receipt of the complete application for a special use permit. The
decision of whether the application is complete shall be in the sole
discretion of the Planning Board.
(2)
Public notification will be made as follows:
(a)
Notice sign(s) shall be posted on the property, in plain view
from all public ways, for a minimum of five days prior to the public
hearing. Signs may be obtained in the Code Enforcement office.
(b)
Notice shall be advertised, at least once, in a newspaper of
general circulation in the Village at least five days prior to hearing.
(c)
Notice shall be posted in the Village office at least five days
prior to hearing.
(d)
The notice shall contain:
[1]
That a public hearing will be held upon application
for a special use;
[2]
The date, time and location of the public hearing;
[3]
The address of the premises which is the subject
of the application;
[4]
The nature of the proposed use;
[5]
That the application and supporting documents are
available for examination at the Village offices; and
[6]
Any other pertinent information deemed appropriate
by the Planning Board.
(3)
The Planning Board shall act on a special use permit within
62 days of the closing of the public hearing. This time limit may
be extended by mutual consent of the applicant and the Planning Board.
Once a decision has been made, a written statement of such decision
shall be filed in the Village Clerk's office, filed with the Code
Enforcement Officer and either mailed or delivered to the applicant,
along with an endorsed copy of the approved plans and the special
use permit. In the event such application is denied, an explanation
of the reasons for disapproval and a copy of the written decision
shall be mailed to the applicant by certified mail, return receipt
requested.
(4)
The special use permit shall be of a form approved by the Planning
Board and contain the following:
(a)
The name of the applicant, property owner and occupant of the
property, if different from the owner.
(b)
The address and Tax Map identification number of the property.
(c)
The specific special use which has been approved.
(d)
An itemization of any conditions of the permit.
(e)
A specific list of all plan(s), map(s) and/or documents upon
which the special use permit approval was granted.
(f)
The date of issuance of the permit.
(g)
Signature of the Chairperson of the Planning Board.
E.
Administration of special use permits.
(1)
A special use permit shall be valid for a period
of six months from the date of issuance unless a building permit is
issued and substantial construction has actually begun. At the discretion
of the Planning Board, a permit may be renewed, once, for a period
not to exceed six months.
(2)
In the event that a project is not completed
within one year of the date of issuance of the building permit, the
applicant may apply for an extension for a period not to exceed one
year. A statement justifying the extension shall accompany the request
for an extension and the process will be the same as for the initial
application. When approving any extensions, the Planning Board may
impose safeguards to protect the public interest.
(3)
A permit shall be deemed to authorize only the
particular use for which it was originally issued and only to the
property listed on the permit. Such permit and shall automatically
expire if such use shall, for any reason, be discontinued for six
consecutive months.
(4)
Any special use permit may be revoked by the
Planning Board if it is determined that any of the requirements of
this section or any conditions imposed by the Planning Board in conjunction
with the issuance or renewal of the special use permit have been violated.
F.
A special use permit shall be required for those uses as specified in the Use Regulation Table at § 202-19 of this chapter.
G.
Appeals. Any person aggrieved by the decision of the
Planning Board may appeal such decision as provided by law.
A.
Purpose. It is recognized that manufactured homes
and manufactured home parks are a means of meeting housing needs.
The requirements in this section will allow for the harmonious integration
of manufactured homes in the Village of Penn Yan.
B.
Genera] regulations. Manufactured homes not placed
in a manufactured home park shall meet the following requirements:
(2)
Shall only be used as a single-family home.
(3)
Shall undergo a site plan approval process.
(4)
Shall be placed on a permanent foundation that
meets all manufacturers specifications, U.S. Government Department
of Housing and Urban Development requirements and the Residential
Code of NYS.
(5)
Shall have an exterior finish consisting of
materials customarily used for site-built homes.
(6)
Shall have skirting made of a masonry material
such as block or brick installed on a frost-proof foundation.
(7)
Shall have the electric service meter mounted
on a building (no pole meter).
(8)
Shall have the water service meter located in
a heated utility room within the building or a raised hot box pursuant
to the Village of Penn Yan Municipal regulations.
(9)
Shall have a minimum one-hundred-twenty-square-foot
storage shed or a minimum one-and-one-half-car garage for storage.
(10)
Shall comply with any site-specific requirements
specified by the Planning Board of the Village of Penn Yan.
C.
Manufactured home parks.
(1)
General regulations.
(a)
A manufactured home park may be permitted by
the Planning Board after it has been determined that such park is
in compliance with the requirements of this chapter.
(b)
A special use permit shall be required for all
manufactured home parks.
(c)
A manufactured home park may be located only as specified in the Use Regulation Table found in § 202-19.
(d)
The operation and maintenance of a manufactured
home park shall be the responsibility of the park owner and shall
comply with all other provisions of this Code.
(f)
No travel or vacation trailer or other form
of temporary type living units shall be set up or occupied in a manufactured
home park.
(2)
Park design standards.
(a)
A minimum of 5% of the net park area, after
deducting the aggregate area of the street system, shall be set aside
for common use or recreation area.
(b)
The manufactured home park shall be no less
than 20 acres in size.
(c)
The site shall have a street system that gives
direct access to manufactured home spaces and have two access drives
to and from the public street. All streets shall be designed per minimum
standards for private roads as specified in the Design and Construction
Standards for Land Development in the Village of Penn Yan.
(d)
All manufactured homes and accessory structures
shall be set back at least 35 feet from the right-of-way line of any
public street and 25 feet from all other property lines.
(e)
Home spaces (lots within manufactured home parks)
shall have the following sizes and setbacks:
[1]
A minimum area of 5,000 square feet and a minimum
lot width of 50 feet. Larger minimum lot dimensions may be required
where the Planning Board considers the establishment of larger lots
necessary to preserve the character of the general area.
[2]
A minimum setback of 20 feet from manufactured
home park streets.
[3]
A minimum separation of 35 feet between structures
on adjoining lots.
(f)
Manufactured home spaces (lots within the manufactured
home park) shall have no more than 35% lot coverage including the
home, garage and storage buildings or structures on the lot.
(g)
Design and construction of manufactured home
parks shall conform to applicable building regulations and generally
accepted standards for manufactured home parks, including New York
State Department of Health regulations.
(h)
Driveways and parking areas shall be provided
with paved or durable surfaces so as to provide safe and easy access
under normal use and weather conditions.
(j)
Artificial lighting shall be provided to illuminate
walks, driveways and parking areas for safe movement of pedestrians
and vehicles at night.
(k)
All community areas, maintenance buildings and general parking areas shall have an adequate landscape buffer pursuant to § 202-60 for a minimum of six feet from lot line of adjoining residential properties.
(l)
Each home space shall have:
[1]
A twelve-foot-wide driveway extending far enough
past the front of the home to allow required parking in the side or
back yard of the lot.
[2]
Graded and level home "stand" capable of retaining
the home in a fixed position per New York State manufactured home
installation requirements. Such stand shall be adequately drained
and compacted and at such an elevation, distance and angle, in relation
to the accessway, as to facilitate the safe and efficient placement
and removal of the home.
[3]
Skirting of suitable material to enclose all
areas under the home.
[4]
A minimum eighty-square-foot storage shed or
a minimum one-car garage for storage.
[5]
A minimum three-foot-wide by four-inch-thick
concrete sidewalk from parking area/driveway to each entrance of all
buildings on each mobile home lot for safe and easy access to and
from the mobile home and accessory buildings.
[6]
An inconspicuous fuel oil or propane storage
shelter/enclosure if either are used in conjunction with the structure(s)
on the lot.
[7]
Suitable underground utility connections as
specified by code.
(3)
Utilities.
(a)
Each manufactured home lot shall be provided
with a separately metered water supply, separately metered electrical
connection, and suitable sanitary drainage connection.
(b)
Utility connections, including gas connection,
if provided, shall be readily accessible at the home site and have
the means for safe and efficient hookup to the home.
(c)
The water system shall be designed to provide
a sufficient supply of potable water under adequate pressure to outlets
servicing homes, community structures, drinking fountains, hose connections
hydrants, and other water supply sites.
(d)
Water supply connections shall be located a
safe distance from the sanitary drainage connection and shall not
be subject to surface drainage. Means shall be provided for a suitable
watertight connection, without cross connection or the danger of freezing.
(e)
A sewage disposal system shall provide each
mobile home and community structure containing plumbing fixtures with
an adequate and safe method of sewage disposal. The park sewage disposal
system shall be connected to the Village of Penn Yan municipal sewage
disposal system.
(f)
Sanitary drainage connections shall be in a
proper location relative to each home, and piping shall have a continuous
grade to the point of disposal. Drainage connections shall be provided
with suitable fittings to permit a watertight junction to be made
to the home outlet.
(g)
Gas connections, if provided, shall have a suitable
gas-tight connection to the home.
(h)
The electric system connection shall provide
at least 100 amperes service at 100-115/220-250 volts. The terminal
box shall be of an approved waterproof type and have provision for
an equipment ground.
(i)
Liquefied petroleum gas storage containers having
a capacity exceeding 125 gallons of storage shall be located not less
than 25 feet from the nearest home, building, structure or lot line.
All liquefied petroleum tanks shall be protected from damage by vehicles.
(j)
Fuel oil and other flammable liquids or materials
shall be stored so as not to be a fire hazard.
(4)
Stormwater drainage.
(a)
The manufactured home park shall have adequate
facilities for the drainage of surface and subsurface water.
(b)
The grading of the entire property shall be
such as to facilitate the safe and efficient drainage of surface water.
(c)
Gutters, culverts, catch basins, drain inlets,
stormwater sewers or other satisfactory drainage systems shall be
utilized where deemed necessary.
(5)
Garbage and refuse.
(a)
Adequate sanitary facilities and methods shall
be provided for the collection, storage, handling and disposal of
garbage and refuse.
(b)
The park owner shall be responsible for disposal of garbage and refuse and shalt provide necessary containers as required by § 170-5 of the Code of the Village of Penn Yan.
(c)
No garbage or refuse shall be disposed of on
site.
(6)
A maintenance building or building(s) of appropriate
size shall be located within the park. All park equipment and materials
shall be stored inside such maintenance building(s).
A.
Legislative findings; purpose and intent.
(1)
The adult use study, adopted by the Village
Board on February 11, 2003, finds that the secondary effects of adult
uses have an adverse impact to the health, safety, morals and general
welfare of the communities where they exist. It is the purpose of
this section to regulate adult use businesses to promote the health,
safety, morals and general welfare of the citizens of the Village
of Penn Yan and to establish reasonable and uniform regulations to
prevent the concentration of adult use businesses within the Village
of Penn Yan.
(2)
The provisions of this chapter have neither
the purpose nor the intent of imposing a limitation or restriction
on the content of any communicative materials including sexually oriented
materials. Similarly, it is not the purpose or intent of this section
to restrict or deny access by adults to sexually oriented materials
protected by the First Amendment to the Constitution of the United
States or the Constitution of the State of New York. Neither is it
the intent to deny access to distributors and exhibitors of sexually
oriented entertainment to their intended market. It is neither the
purpose nor intent of this section to condone or legitimize the distribution
of obscene materials.
B.
Permit required; inspections.
(1)
A person may operate an adult use in the Village
of Penn Yan only after a special use permit has been issued for such
adult use.
(2)
Prior to the commencement of any adult use,
or upon any transfer of ownership or control of an adult use, the
premises must be inspected by the Code Enforcement Officer or Building/Zoning
Officer and found to be in compliance with all laws, ordinances, rules
and regulations applicable to the use and occupancy for an adult use
and in compliance with the Code of the Village of Penn Yan and the
Fire Code and Property Maintenance Codes of New York State.
(3)
All code enforcement officials, including the
Village Building Inspector/Code Enforcement Officer, shall complete
their certification that the premises is in compliance, or is not
in compliance, within 28 days of the inspection of the premises by
such officials.
(4)
Any owner and/or operator, employee of the owner
and/or operator, or agent of the owner and/or operator shall permit
representatives of the Village Building Department, the Yates County
Sheriffs Department, the New York State Police, the State Health Department,
the Village Building Inspector/Code Enforcement Officer, the Village
Police Department, or any other Village, County or state department
or agency that has permitting authority regarding the use of the premises
to inspect the premises of an adult use for the purpose of ensuring
compliance with this section at any time the premises is occupied
or open for business.
C.
Specifications for an adult use.
(1)
An adult use shall not be operated within 500
feet of: a dwelling; a church or other place of worship; a nursery
school; elementary school; secondary school; vocational school; a
child-care center; a hospital, nursing home or convalescent home;
a library or museum; a cemetery; the boundary of a residential district;
a public park, playground, sport facility or recreation area; a business
selling alcoholic beverages.
(2)
An adult use shall not be operated within 1,000
feet of another adult use or on the same lot or parcel of land as
any other adult use.
(3)
An adult use shall not be operated in the same
building or structure or portion thereof, containing another adult
use.
(4)
For the purposes of this section, measurement
shall be made in a straight line, without regard to intervening structures
or objects, from the nearest portion of the building or structure
used as part of the premises where an adult use is conducted, to the
nearest property line of the premises of: a dwelling; a church or
other place of worship; a nursery school, elementary school, secondary
school, or vocational school; a child-care center; a hospital, nursing
home or convalescent home; a library or museum; a cemetery; the boundary
of a residential district; or a public park, playground or recreation
area; a business selling alcoholic beverages.
(5)
For the purpose of this section, the distance
between any two adult uses shall be measured in a straight line, without
regard to intervening structures or objects, from the closest exterior
wall of the structure in which each business is located.
(6)
All adult uses shall be conducted in an enclosed
building. Regardless of location or distance, adult uses shall be
arranged and conducted so that no visual observation can be made from
the exterior of an enclosed building containing an adult use therein
of any specified anatomic area or of any specified sexual activity
by virtue of any display in or on the building which depicts, exhibits
or shows said area or activity. This prohibition shall apply to any
display, decoration, sign or window or other opening or any other
means or method of visual portrayal of information or advertisement.
(7)
Any other requirements the Planning Board may
deem necessary or appropriate for the protection of the public welfare.
[Added 10-15-2013 by L.L. No. 3-2014]
A.
General regulations.
(1)
This use is restricted solely to an accessory use.
(2)
Hours of operation shall be between 7:00 a.m. and 10:00 p.m.
only.
(3)
No structure for this use shall be less than 50 feet from any
residentially zoned property line.
(4)
No public address system shall be permitted except where such
system is inaudible at any property line.
(5)
Such use shall be subject to review by the Village Planning
Board, including a public hearing, to weigh the public benefit and
need against the impact and effects. Such review shall include:
(a)
Compliance with the Comprehensive/Master Plan of the Village
of Penn Yan.
(b)
Harmony of the use with other uses in the zoning district in
which it would be located to ensure that the proposed use is to be
conducted in a manner compatible with the surrounding neighborhood
and will not constitute a threat to the public health, safety, welfare
or convenience.
(c)
The proposed use does not depreciate the fair market value of
the adjacent properties.
(d)
Consideration of any possible need for screening or other protective
measures.
(e)
The proposed use will not be detrimental to the flow of traffic
in the vicinity.
(f)
The proposed use will be served adequately by essential public
facilities and services, such as highways, streets, parking spaces,
police and fire protection, drainage structures, refused disposal,
water and sewer and schools, or that the persons or entities responsible
for the establishment of the proposed use will provide adequately
for such additional services as the Planning Board deems appropriate.
[Added 10-15-2013 by L.L. No. 3-2014]
[Added 10-15-2013 by L.L. No. 3-2014]
[Added 10-15-2013 by L.L. No. 3-2014]
[Added 10-15-2013 by L.L. No. 3-2014]
Showrooms may be included as an accessory use to a primary manufacturing
use, provided that site plan requirements for off-street parking and
signage are met.
[Added 10-15-2013 by L.L. No. 3-2014]
[Added 10-15-2013 by L.L. No. 3-2014]
[Added 10-15-2013 by L.L. No. 3-2014]
[Added 10-15-2013 by L.L. No. 3-2014]
A.
General regulations.
(1)
No junked or scrapped vehicles shall be permitted on the premises
for more than 48 hours.
(2)
The proposed use shall be subject to approval by the Village
Planning Board, subsequent to a public hearing, to consider the public
benefit and need, weighed against the impact and effects, as follows:
(a)
Compliance with the Comprehensive/Master Plan of the Village
of Penn Yan.
(b)
Harmony of the use with other uses in the zoning district in
which it would be located to ensure that the proposed use is to be
conducted in a manner compatible with the surrounding neighborhood
and will not constitute a threat to the public health, safety, welfare
or convenience.
(c)
The proposed use does not depreciate the fair market value of
the adjacent properties.
(d)
Consideration of any possible need for screening or other protective
measures.
(e)
The proposed use will not be detrimental to the flow of traffic
in the vicinity.
[Added 10-15-2013 by L.L. No. 3-2014]
[Added 11-15-2022 by L.L. No. 12-2022]
A.
No
cannabis sales/dispensing facility shall be located other than in
the first-floor story of any building.
C.
No
cannabis sales/dispensing facility shall be located within 200 feet
of the nearest property line of a place of worship or a public park
or playground, excluding the Main Street mini-park.
D.
Cannabis
products shall not be sold or dispensed from any mobile facility.
E.
Only
cannabis products approved by the State of New York shall be sold
or dispensed.
F.
No
facility shall sell or dispense cannabis products without being licensed
by the State of New York.
G.
Cannabis
sales/dispensing facilities shall contain a security system approved
by the Village Code Enforcement Officer.
H.
The
means of public ingress and egress to and from any cannabis sales/dispensing
facility shall be directly onto a public street, public sidewalk or
quasi-public sidewalk, and consist of only one entrance/exit for the
public, with the exception of an emergency exit.
[Added 11-15-2022 by L.L. No. 12-2022]
A.
No
cannabis on-site consumption facility shall be located other than
in the first-floor story of any building.
C.
No
cannabis on-site consumption facility shall be located within 200
feet of the nearest property line of a place of worship or a public
park or playground, excluding the Main Street mini-park.
D.
Cannabis
on-site consumption shall not occur from any mobile facility.
E.
Only
cannabis products approved by the State of New York shall be consumed.
F.
No
facility shall permit cannabis on-site consumption without being licensed
by the State of New York.
G.
Cannabis
on-site consumption facilities shall contain a security system approved
by the Village Code Enforcement Officer.
H.
The
means of public ingress and egress to and from any cannabis on-site
consumption facility shall be directly onto a public street, public
sidewalk or quasi-public sidewalk and consist of only one entrance/exit
for the public, with the exception of an emergency exit.
I.
Cannabis
on-site consumption facilities shall contain a ventilation system
approved by the Village Code Enforcement Officer.
[Added 1-17-2023 by L.L. No. 1-2023]
A.
Purpose and intent. The purpose of this section is to ensure that
the quality of tourist rooming in short-term rental units operating
within the Village is adequate for protecting public health, safety
and general welfare, including:
(1)
Establishing minimum standards of space for human occupancy
and for adequate maintenance;
(2)
Determining the responsibilities of owners, operators and property
managers offering these properties;
(3)
To protect the character and stability of all areas, especially
residential areas, within the Village;
(4)
To provide minimum standards necessary for the health and safety
of persons occupying or using buildings, structures or premises;
(5)
Provisions for the administration and enforcement thereof.
B.
BATHROOM
CLERK
CODE ENFORCEMENT OFFICER
ENTITY
OWNER
PERMIT
PERSON
PROPERTY MANAGER
SHORT-TERM RENTAL (STR)
SLEEPING ROOM OR AREA
VILLAGE
ZONING BOARD OF APPEALS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A room containing a group of plumbing fixtures consisting
of, at a minimum, a lavatory, water closet, and shower or tub or tub/shower
combination contained within the same room; a door for privacy, such
that the door is provided with locking hardware capable of being opened
from the outside with manufacturer-supplied key or pin; and, that
the room as a whole complies with applicable state code regulations.
The Clerk of the Village of Penn Yan or his/her designee.
The Code Enforcement Officer of the Village of Penn Yan or
his/her deputy.
A corporation, partnership, limited-liability company, or
sole proprietorship licensed or registered to conduct business in
this state.
The person or entity which possess legal title to premises
upon which is located a short-term rental facility.
The short-term rental permit issued pursuant to this section.
For the purposes of this section, the word "person" shall
include an individual, individuals, corporation, firm, partnership,
association, organization and any other group acting as an entity,
as well as individuals, including a personal representative, receiver
or other representative appointed according to law. Whenever the word
"person" is used in this section describing a penalty or fine, as
to partnerships or associations, the word shall include the partners
or members hereof, and as to corporations or LLCs, shall include the
officers, agents or members thereof who are responsible for any violation
of such section.
A person or entity that is not the property owner and is
empowered to act as agent and/or provides property management services
to one or more short-term rental facilities.
A structure containing sleeping rooms or areas, as well as
a bathroom facility, that is offered for rent for compensation for
fewer than 30 consecutive nights without any meals served or provided
by the owner or any agent of the owner. The term "short-term rental"
does not include "bed and breakfast" as that term is defined in the
Zoning Chapter of the Code of the Village of Penn Yan.
That portion of the interior of a short-term rental with
accommodations for people to sleep.
The Village of Penn Yan, Yates County, New York.
The Zoning Board of Appeals of the Village of Penn Yan.
C.
Short-term rental uses are prohibited in the Industrial (I) and Planned
Business (PB) use districts of the Village and permitted in all other
use districts of the Village, subject to the regulations of such use
districts. The Use Table is amended accordingly.[1]
[1]
Editor's Note: Said table is included as an attachment to this chapter.
D.
Required permit.
(1)
An owner shall obtain a revocable short-term rental permit prior
to any structure being used for short-term rental purposes.
(2)
A short-term rental permit shall be valid for one year and must
be renewed by the owner or the owner's agent prior to its expiration.
(3)
The short-term rental permit is not transferable to a new owner.
Any new owner or property previously used as a short-term rental must
file a new application for a short-term rental permit.
(4)
In the event that the conditions or the provisions of this section
of the short-term rental permit are not adhered to, the short-term
rental permit may be revoked and the owner shall be subject to any
penalties set forth in this section.
(5)
Notwithstanding the foregoing, those properties with short-term
rental commitments existing on the effective date of this section
shall be permitted to honor such existing commitments but must apply,
within 30 days of the effective date hereof, for all future short-term
rental commitments. In the event such application is denied, all commitments
must be cancelled by the owner or its agent.
E.
Short-term rental permit application requirements. Applications for
a short-term rental facility may be obtained at the office of the
Clerk of the Village of Penn Yan. A completed application for (or
renewal of) a short-term rental permit shall be submitted to the Code
Enforcement Officer, accompanied by payment of the nonrefundable permit
fee application, and contain at least the following:
(1)
The signature of all persons and/or entities that have an ownership
interest in the subject property.
(2)
Copy of the current deed showing ownership of the subject property.
(3)
Permission for a property inspection by the Code Enforcement
Officer.
(4)
An acknowledgement of compliance with applicable Village short-term
rental standards, including, but not limited to, the demonstration
of adequate off-street parking for occupants of the proposed short-term
rental facility.
(5)
A list of all the property owners of the short-term rental facility,
including names, addresses, telephone numbers and email addresses.
(6)
The name, address, telephone number and email address of a property
manager, who shall be responsible and authorized, to act on the owner's
behalf to promptly remedy any violation of applicable regulations,
the permit conditions or violations of other applicable local, state
or federal laws or regulations.
(7)
An accurate, suitable site plan, measuring at least 11 inches
by 17 inches, drawn to scale and certified by the applicant. The site
plan need not be prepared by a professional but must depict the following:
(a)
The location of buildings and required parking, as well as outbuildings
and property boundaries.
(b)
Basement, including all utilities, all rooms, including bedrooms,
windows, and exits.
(c)
First floor: all rooms, showing exits, windows, bedrooms and
any heating/cooling units.
(d)
Second floor: all rooms, showing exits, windows, bedrooms and
any heating/cooling units.
(e)
Attic, if any, with all rooms, showing exits, windows, bedrooms,
and any heating/cooling units.
(8)
A statement that the applicant has met and will continue to
comply with the standards of this chapter, as well as all applicable
local, state and federal laws and regulations.
(9)
A statement indicating whether any of the owners of the subject
property have had a short-term rental permit revoked within the previous
year in any jurisdiction.
(10)
All initial short-term rental permit applications are a special
use and subject to a site plan review and approval as defined in the
Code of the Village of Penn Yan.
F.
Short-term rental standards and requirements.
(1)
Insurance and registration standards.
(a)
All applicants and permit holders must provide an evidence of
property insurance and certificate of liability insurance indicating
the premises is rated as a short-term rental facility and maintain
such insurance throughout the term of the short-term rental permit.
(b)
In addition to the requirements imposed by this section, all
applicants and permit holders must obtain and maintain all governmental
permits and licenses necessary to conduct business as a short-term
rental. The certificate of authority to collect occupancy tax must
be posted in the home by the facility at the door with the Village
of Penn Yan short-term rental permit. Regardless of the mode of sale
or who is collecting or paying occupancy taxes, the facility owner
must file with the Yates County Treasurer any and all requisite reports.
(2)
No recreational vehicles (RVs), camper, tent, or other temporary
lodging arrangement shall be permitted on the short-term rental site
as a means of providing additional accommodations for paying guests
or other invitees.
(3)
Short-term rentals must at all times comply with the Code of
the Village of Penn Yan as well as the New York State Uniform Fire
Prevention and Building Code.
(4)
Provisions shall be made for garbage removal on not less than
a weekly basis 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 street or road except at prescribed pickup times.
(5)
Rental notice. All applicants and permit holders must present
renters prior to occupancy with a notice which includes the following
policies/statements:
(a)
The maximum facility occupancy;
(b)
The maximum on-site parking and that parking is not permitted
on the street or other unpaved yard areas on the property;
(c)
Good neighbor statement stating:
[1]
That the short-term rental is in a residential
area in the Village of Penn Yan and that renters should be conscious
of the residents in neighboring homes;
[2]
A statement that no vehicular traffic shall be
generated that is greater than normally expected in the residential
neighborhood;
[3]
A statement that there shall not be excessive music
or other noise, fumes, glare or vibrations generated during the use;
[4]
Any outdoor event held at the short-term rental
facility shall last no longer than one day occurring only between
the hours of 10:00 a.m. and 10:00 p.m. Any activities shall be in
compliance with noise regulations of the Village;
[5]
A statement that littering is prohibited; and
[6]
A statement that all fires must be attended and
in compliance with applicable regulations.
G.
Procedure upon filing application.
(1)
Short-term rental permit applications shall be filed with the
Code Enforcement Officer along with all supporting documents and the
nonrefundable permit application fee. Only completed applications
will be accepted by the Village Code Enforcement Officer. The Code
Enforcement Officer may decline to accept an application for consideration
for any of the following reasons:
(a)
If the application is incomplete, the documentation required
was not included with the application or the full permit fee, in a
payment form acceptable to the Village Clerk, was not included with
the application.
(b)
In the event that any of the owners of the facility applying
for the permit has previously had a short-term rental permit revoked,
such information must be provided in the application.
(2)
Upon acceptance of the completed initial application, the Code
Enforcement Officer shall within 14 days schedule a property inspection
to certify that all short-term rental requirements have been met.
(3)
Within 30 days of certifying compliance of the facility by the
Code Enforcement Officer, the Code Enforcement Officer shall schedule
a site plan review pursuant to provisions of the Village Code.
(4)
Upon approval of the short-term rental application/site plan
review application, the Code Enforcement Officer shall issue to the
applicant a short-term rental permit. Short-term rental permits shall
state the following:
(a)
The names, addresses and phone numbers of every person or entity
that has an ownership interest in the short-term rental property and
of a primary contact person and/or property manager who shall be available
during the entire time the short-term rental property is being rented;
(b)
The maximum occupancy and vehicle limits for the short-term
rental unit;
(c)
Identification of the number of and location of parking spaces
available;
(d)
The maximum days of occupancy for the premises for individual
rentals;
(e)
Any conditions imposed by the Planning Board; and
(f)
That the permit shall expire one year from the date of issuance.
H.
Renewal.
(1)
Each application for a renewal of a short-term rental permit
shall include updated information for the documentation on file with
the Code Enforcement Officer and payment of the applicable fee.
(2)
The Code Enforcement Officer shall verify that the information
provided on the renewal application is complete and in accordance
with the requirements of this chapter.
(3)
The Code Enforcement Officer shall issue renewal permits within
30 days of the filing of the complete application unless the information
provided is incomplete or otherwise not in compliance with the requirements
of this section.
(4)
In the event that the Code Enforcement Officer finds that the
license should not be renewed, the Code Enforcement Officer shall
deny the renewal. The written reasons for such denial shall be placed
in the subject file and provided to the applicant/owner.
(5)
An appeal from a denial of renewal of a permit may be appealed
to the Zoning Board of Appeals with due process applicable to such
process.
I.
Property management. Property management requirements:
(1)
An owner of a short-term rental must have a residence or office
within 30 miles of the Village and be available 24 hours per day,
every day. In the event that the owner does not have a residence or
office within 30 miles of the Village of Penn Yan and/or not available
24 hours per day, every day, that owner must have a property manager
as hereinafter specified.
(2)
A property manager must reside in or within 30 miles of the
Village or be an entity with offices located within 30 miles of the
Village. The property manager must be available 24 hours a day.
(3)
The property manager must be authorized by the property owner
to act as the agent for the owner for the receipt of service of notice
of violation of the provisions of this section and must be authorized
by the owner to permit Village officers and their designees to enter
the owner's property for purposes of inspection and enforcement of
this section and/or the state codes or regulations. The property manager
must also have authority to take such action as is required to comply
with the provisions hereof and those of the permit issued for the
short-term rental for which such property manager is responsible.
J.
Conformity and display of permit.
(1)
The issuance of a short-term rental permit is conditioned upon
continued compliance with the requirements of all applicable laws,
codes and regulations. Failure to so comply may result in revocation
of the permit.
(2)
In the event that the Code Enforcement Officer has probable
cause to believe that the facility owner is not in compliance with
the provisions of the Zoning Chapter, the Code Enforcement Officer
may petition a court of competent jurisdiction for a search warrant
to conduct an inspection of the short-term rental facility for purposes
of ensuring compliance with this section. Alternatively, the Code
Enforcement Officer may request permission from an owner of the short-term
rental facility or the designated property manager to enter the facility
in order to conduct an inspection for purposes of ensuring compliance
with applicable laws, codes and regulations. In the event that an
inspection authorized herein is conducted, the Code Enforcement Officer
may use the results of such inspection in determining whether to revoke
the permit.
(3)
Prior to any renters entering into possession of the short-term
rental facility:
(a)
The current short-term rental permit and certificate of occupancy
shall be prominently displayed inside the facility in proximity to
the front entrance of the short-term rental facility; and
(b)
A copy of the current short-term rental permit and a site plan
provided as part of the application, must be provided to the Village
of Penn Yan Fire Department and the Village Police Department by the
Code Enforcement Officer.
(4)
The owners must ensure that current and accurate information
is provided to the Code Enforcement Officer and that they notify the
Code Enforcement Officer immediately upon any change in the information
displayed on the permit. If, based upon such changes, the Code Enforcement
Officer issues an amended short-term rental permit, the Code Enforcement
Officer must immediately replace the permit displayed inside and near
the front entrance of the short-term rental with the amended permit.
(5)
The short-term rental permit holder must conspicuously display
the short-term rental permit number in all advertisements for the
applicable short-term rental facility.
K.
Appeal and license revocation.
(1)
The denial of any permit application or renewal under this section
may be appealed by filing a written appeal request with the Clerk
within 10 days of the notice of denial. The appeal shall be heard
by the Zoning Board of Appeal. The Zoning Board of Appeal shall consider
the appeal and may grant or deny the appeal subsequent to a hearing
at which the appellant has a right to be heard and written notice
of which shall be provided at least five days in advance thereof.
(2)
A license may be revoked by the Code Enforcement Officer for
one or more of the following reasons:
(a)
Three or more calls for police service, building inspection
or the health department for nuisance activities or other violations
in any twelve-month period;
(b)
Failure to comply with annual Village building inspection requirements;
(c)
Failure to maintain all required Village, county and state licensing
requirements;
(d)
Failure to comply with any provisions of this section;
(e)
Any violation of Village, county or state laws or regulations.
L.
Penalties for offenses.
(1)
Notwithstanding any other provision of this chapter or the Code
of the Village of Penn Yan, any failure to comply with the provisions
of the section will be considered a violation as defined in the Penal
Law of the State of New York and may be punishable as follows:
(a)
For conviction of a first offense, a sentence of imprisonment
for a period not to exceed 15 days and/or a fine not to exceed $1,000.
(b)
For conviction of a subsequent offense within three years of
the commission of the first offense, a sentence of imprisonment not
to exceed 15 days and/or a fine of not less than $250 nor exceeding
$1,000.
(c)
A conviction for a third offense committed within three years
of the commission of the first offense resulting in a conviction shall
require the revocation of the permit for a period of three years from
the date of the conviction for the third offense.
(2)
Each day that a violation exists is a separate prosecutable
offense. This revocation applies to the property at which the violation
occurs regardless of any subsequent change in ownership thereof.
M.
Fees. A fee schedule shall be established by resolution of the Board
of Trustees. Such fee schedule may hereafter be amended from time
to time by like resolution. The fees set forth in, or determined in
accordance with, such fee schedule or amended fee schedule shall be
charged and collected for initial rental application fee, renewal
short-term rental application fee, reinspections and any additional
fee as deemed appropriate for this chapter.