Dundee Village City Zoning Code

Traffic access. All proposed site traffic accessways are adequate, but not excessive in number, adequate in grade, width, alignment and visibility, and not located too near street corners, entrances to schools or places of public assembly and other similar considerations.

Circulation and parking. The interior circulation system is adequate and all required parking spaces are provided and are easily accessible.

Disposal of usable open space. In accordance with the spirit and intent of this chapter, wherever possible, usable open space is disposed of in such a way as to ensure the safety and welfare of residents.

Arrangement of buildings. Adequate provision has been made for light, air, access and privacy in the arrangement of the buildings to each other. Each dwelling unit shall have a minimum of two exterior exposures. Laundry facilities, including washing machines and clothes dryers, shall be available on the premises for use by all occupants of the premises. Exterior clotheslines shall not be permitted.

Proper landscaping. The proposed site is properly landscaped, the purpose of which is to further enhance the natural qualities of the land. Where adjacent land use dictates, proper screening and buffer zones may be required. No certificate of occupancy shall be issued for any such building or buildings, unless the same conforms in all respects to such site plan and unless all facilities included in the site plan have been in accordance therein.

Building relationship.

Recreation space. There shall be provided on the site of such development an area or areas devoted to the joint recreational use of the residents thereof. Such recreation space shall consist of not less than 400 square feet of space per dwelling unit. Each such recreation space shall be developed with passive and/or active recreation facilities.

Off-street parking spaces. There shall be provided on the site of such development an area or areas devoted to the storage of automobiles. Two parking spaces shall be provided for each dwelling unit on the site. Parking areas shall contain a minimum of 200 square feet per space and shall measure 10 by 20 feet, exclusive of driveways.

Landscaping. Proper landscaping shall be provided along all walks and streets, around recreation areas and along the outer property line of the site.

Establishing minimum standards of space for human occupancy and for an adequate of maintenance;

Determining the responsibilities of owners, operators and property managers offering these properties;

To protect the character and stability of all areas, especially residential areas, within the Village;

To provide minimum standards necessary for the health and safety of persons occupying or using buildings, structures or premises;

Provisions for the administration and enforcement thereof.

An owner shall obtain a revocable short-term rental permit prior to any structure being used for short-term rental purposes.

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.

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.

No residential unit that was constructed as a single-family dwelling, two-family dwelling, multiunit dwelling, dwelling with a business or dwelling above a first-floor business, after the enactment of this section shall be eligible to apply for a short-term rental permit for a period not less than two years after the issuance of the certificate of occupancy unless, at the time the application for the initial building permit for such dwelling is filed, an application for a short-term rental is also filed.

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.

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.

The signature of all persons and/or entities that have an ownership interest in the subject property.

Copy of the current deed showing ownership of the subject property.

Permission for a property inspection by the Code Enforcement Officer.

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.

A list of all the property owners of the short-term rental facility, including names, addresses, telephone numbers and email addresses.

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.

An, accurate, suitable site plan, measuring at least 8 1/2 inches by 11 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 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.

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.

Permits issued for short-term rentals shall be limited to a maximum of 15 within the Village decided by lottery on an annual basis.

Property requirements.

Insurance and registration standards.

No recreational vehicles (RVs), camper, tent, or other temporary lodging arrangement shall be permitted on the facility site as a means of providing additional accommodations for paying guests or other invitees.

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 pick-up times.

Rental notice. All applicants and permit holders must present renters prior to occupancy with a notice which includes the following policies/statements:

Short-term rental permit applications shall be filed with the Code Enforcement Officer along 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 the accept an application for consideration for any of the following reasons:

Upon acceptance of the completed application by the Code Enforcement Officer (CEO), shall within 14 days schedule a property inspection to certify that all short-term rental requirements have been met.

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 the Village Code.

The Board of Trustees shall review the short-term rental application/preliminary site plan to ensure that it meets all requirements.

Upon review of the accepted completed short-term rental application/preliminary site plan application the Board of Trustees shall schedule a public hearing. Public hearings will be noticed in the Village's official newspaper or, if there is none, in a newspaper of general circulation in the Village at least five days before the public hearing as well as posting such notice in the Village Hall not less than five days prior to the hearing. In addition, a sign shall be posted in the front yard of the subject property, not more than 10 feet from the sidewalk or street surface, at least 10 days prior to the date of the hearing. Such sign shall be provided by the Village, shall be the property of the Village and be placed and removed, after the decision of the Board of Trustees, by the Code Enforcement Officer. The sign shall contain language in a size clearly readable from the street that the property is subject to an application for a permit as a short-term rental, as well as the date, time and location of the public hearing, that the public may be heard at the public hearing and that copies of the permit application documents are available from the Village Clerk and the telephone number of the Village Clerk.

Upon completion of the public hearing with respect to the subject property, the Board of Trustees shall approve, with or without conditions, or disapprove the short-term rental permit application/site plan application. In issuing a short-term rental permit, the Board of Trustees may impose such reasonable conditions and restrictions as are directly related to and incidental to the use of the property for short-term rental facilities so long as such conditions and restrictions are consistent with the requirements of the Zoning Law and are imposed for the purpose of minimizing any adverse impact the short-term rental facility may have on the neighborhood or community.

Upon approval of the short-term rental application/site plan review application by the Board of Trustees, the Code Enforcement Officer shall issue the applicant a short-term rental permit. Short-term rental permits issued shall state the following:

A copy of the current short-term rental permit shall be provided by mail to every adjacent property owner and to every property owner of premises within 150 feet of the property line of the short-term rental facility by the Code Enforcement Officer. A statement of compliance with this provision, stating the owners served, their addresses and the date of mailing shall be completed by the Code Enforcement Officer within 24 hours of such mailing.

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.

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. The Code Enforcement Officer shall request reports from the Yates County Sheriff's Office and New York State Police regarding any complaints received, calls for service or actions taken regarding the short-term rental facility.

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.

In the event that the Code Enforcement Officer finds that the license should not be renewed, the Code Enforcement shall deny the renewal. The written reasons for such denial shall be placed in the subject file.

Annual code inspection of the facility is required prior to renewal of the permit.

No permit shall be renewed if the applicant or facility has any past due water, sewer or taxes owed to the Village, or is under an order issued by the Code Enforcement Officer, or his designee, to bring the premises into compliance with applicable law, codes or regulations.

An appeal from a denial of renewal of a permit may be appealed to the Board of Trustees, with due process applicable to such process.

A property manager must reside in or within 30 miles of the Village or an entity with offices located within 30 miles of the Village. The property manager must be available 24 hours a day.

The property manager does not have pending any criminal charges and has not been convicted of a felony or misdemeanor or any offense involving larceny, fraud, deceit, or the illegal use or illegal threatened use of force against any person.

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 this section's provisions, for service of process pursuant to this section and shall 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 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.

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.

Prior to any renters entering into possession of the short-term rental facility:

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 on 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 and must immediately provide a copy of the amended permit to every requisite property owner as specified in Subsection G(8) hereof.

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.

The denial of any license application or renewal under this chapter 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 Board of Trustees. The Board of Trustees 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 notice of which shall be provided at least 10 days in advance in writing.

A license may be revoked by the Board of Trustees for one or more of the following reasons:

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.

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.

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.

Such facility shall not be located on a residential street.

The location, design and operation of such facility shall not adversely affect the character of the surrounding residential area.

Adequate fences, barriers and other safety devices shall be provided and shall be landscaped in accordance with the provisions of § 138-15.

The purpose of planned unit development regulations is to encourage flexibility in the design and development of land in order to promote its most appropriate use; to facilitate the adequate and economical provision of streets, utilities and public spaces; and to preserve the natural and scenic qualities of open areas.

The procedure is intended to permit diversification in the location of structures and to improve circulation facilities and other site qualities while ensuring adequate standards relating to public health, safety and welfare and convenience, both in the use and occupancy of buildings and facilities in planned groups.

Minimum area. A planned unit development shall include no less than five acres of contiguous land.

Open space. A minimum of 25% of planned unit site area shall be developed as open space. Parking areas and vehicle access facilities shall not be considered in calculating open space.

Residential density. Planned unit developments shall have densities no greater than those permitted in the residential district in which they are located.

Land use. Proposed land uses shall not adversely affect surrounding development and shall be in accordance with the objectives and principles of the Comprehensive Plan.

General standards.

Design standards.

Landscape design standards.

Circulation system design standards.

Parking and loading design standards.

Size and access. Each off-street parking space shall have an area of not less than 200 square feet exclusive of access drives or aisles, and shall measure not less than 10 feet by 20 feet. Except in the case of dwellings, no parking area provided hereunder shall be established for less than three spaces.

Number of parking spaces required. The number of off-street parking spaces required shall be as set forth in the Off-Street Parking Schedule below. In the case of any building, structure or premises, the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which said use is similar, in the opinion of the Zoning Officer, shall apply.

In any district, in connection with every building, or building group or part thereof thereafter erected and having a gross floor area of 4,000 square feet or more, which is to be occupied by manufacturing or commercial uses or other uses similarly requiring the receipt or distribution by vehicles of material or merchandise, there shall be provided and maintained, on the same lot with such building, off-street loading berths or unloading berths as follows:

The loading berth required in each instance shall be not less than 12 feet in width, 25 feet in length and 14 feet in height, and may occupy all or any part of any required yard.

Locations of exits and entrances. No gasoline service station or automobile repair shop shall have an entrance or exit for vehicles within 300 feet as measured along the public street on which there exists a school, public playground, church, chapel, convent, hospital, public library or any residential district. Such access shall be not closer to any intersection than 30 feet.

Location of oil drainage pits and hydraulic lifts. All oil drainage pits and hydraulic lifts shall be located within an enclosed structure and shall be located no closer than 50 feet to any property line.

Gasoline pumps. Gasoline service stations shall have their gasoline pumps, including other service facilities, set back at least 30 feet from any street line.

The name of the operating agency.

The name(s) of resident supervisor(s).

The maximum number of persons that will live in the facility.

The appropriate licenses and certifications.

Medical and dental offices in accordance with provisions for off-street parking as required herein, with not more than three nonresident assistants.

Other professional offices, including lawyer, engineer, architect and similar professions.

Custom dressmaking, seamstress or milliner.

Artist or musician.

Foster-family care [for not more than four children simultaneously].

Tutoring for not more than one student at a time.

Similar home occupations as determined by the Board of Appeals to be compatible with the intent of this section.

Signs which are erected or maintained on trees or painted or drawn upon rocks or other natural features of the landscape.

Signs which are structurally unsafe or in disrepair.

Signs located in such a manner as to obscure or otherwise interfere with the effectiveness of an official traffic sign, signal or device, or obstruct or interfere with the effectiveness of or obscure an official traffic sign, device or signal.

Freestanding advertising signs located off of the premises where the business or activity advertised is conducted.

Nameplates and identification signs.

Sale or rental signs.

Institutional signs.

Development signs.

No sign may be larger than four square feet.

Size. No sign shall exceed the following limits:

Lighting and moving parts. Signs which contain moving parts or which are illuminated by any flashing, intermittent or moving light or lights are prohibited except those giving public service information, such as time, date, temperature, weather or similar information.

Light shielded. Signs which are not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of an interstate or primary highway and which are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle or which otherwise interfere with any driver's operation of a motor vehicle are prohibited.

Illumination interference. No sign shall be so illuminated as to interfere with the effectiveness of or obscure an official traffic sign, device or signal.

A child day-care or child nursey facility;

A public or private educational facility, either full-time or part-time;