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.

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:

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.

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.

Applications shall be referred to the County Planning Board for review if required pursuant to General Municipal Law § 239m.

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.)

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.

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.

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.

Public notification will be made as follows:

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.

The special use permit shall be of a form approved by the Planning Board and contain the following:

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.

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.

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.

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.

Shall be located only as specified in the Use Regulation Table found in § 202-19.

Shall only be used as a single-family home.

Shall undergo a site plan approval process.

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.

Shall have an exterior finish consisting of materials customarily used for site-built homes.

Shall have skirting made of a masonry material such as block or brick installed on a frost-proof foundation.

Shall have the electric service meter mounted on a building (no pole meter).

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.

Shall have a minimum one-hundred-twenty-square-foot storage shed or a minimum one-and-one-half-car garage for storage.

Shall comply with any site-specific requirements specified by the Planning Board of the Village of Penn Yan.

General regulations.

Park design standards.

Utilities.

Stormwater drainage.

Garbage and refuse.

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).

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.

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.

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.

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.

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.

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.

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.

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.

An adult use shall not be operated in the same building or structure or portion thereof, containing another adult use.

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.

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.

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.

Any other requirements the Planning Board may deem necessary or appropriate for the protection of the public welfare.

This use is restricted solely to an accessory use.

Hours of operation shall be between 7:00 a.m. and 10:00 p.m. only.

No structure for this use shall be less than 50 feet from any residentially zoned property line.

No public address system shall be permitted except where such system is inaudible at any property line.

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:

The drive-in use shall not exceed 10% of the volume of the business operations.

Such use shall be limited to upper stories only, in multiple-story buildings.

The size of the building shall not exceed 5,000 square feet.

Outdoor display areas shall not exceed 300 square feet.

Stacked, outdoor display merchandise shall not exceed six feet in height.

Such use shall not exceed 800 square feet.

The use shall be related to marine activities.

The proposed structure shall be subject to architectural review and approval by the village Planning Board.

This use shall be limited to upper stories, in multiple-story buildings.

This use shall be limited to upper stories, in multiple-story buildings.

This use shall be restricted to upper floors only, in multiple-story buildings.

No junked or scrapped vehicles shall be permitted on the premises for more than 48 hours.

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:

No component of the system shall be located in a front yard.

Setback shall be a distance of 125% of the height of any component of the system from the nearest lot line.

A child day-care or child nursery facility;

A public or private school, either full time or part time, as the term "school" is defined in this chapter.

A child day-care or child nursery facility;

A public or private school, either full time or part time, as the term "school" is defined in this chapter;

Establishing minimum standards of space for human occupancy and for adequate 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 of any property shall obtain a revocable short-term rental facility permit prior to any structure being used for short-term rental purposes.

A short-term rental facility 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 facility permit is not transferable to a new property owner. Any new property owner of property previously used as a short-term rental facility must file a new application for a short-term rental facility permit and be subject to all of the requisites of this section.

In the event that the conditions or the provisions of this section or the conditions of the short-term rental facility permit are not adhered to, the short-term rental facility permit may be revoked and the owner 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.

A copy of the most recent deed showing ownership of the subject property.

Permission for on-site fire safety and property maintenance inspection by the Code Enforcement Officer.

An acknowledgement of compliance with applicable Village short-term rental facility 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 proposed 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 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 statement that the applicant has met and will continue to comply with the standards of this section, 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 facility permit revoked within the previous three years in any jurisdiction.

All initial short-term rental facility 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.

Insurance and registration standards.

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

The short-term rental facility 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 and Energy Conservation Code.

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.

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 facility permit applications shall be filed with the Code Enforcement Office along with all supporting documents and the nonrefundable permit application fee. Only completed applications will be accepted by the Village Code Enforcement Office. The Code Enforcement Office may decline to accept an application for consideration for any of the following reasons:

Upon acceptance of the completed application for a short-term rental permit, the Code Enforcement Officer shall schedule and complete a fire safety and property maintenance 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 provisions of the Village Code.

Upon approval of the Short-Term Rental Facility Application/Site Plan Review Application, the Code Enforcement Officer shall issue to the applicant a short-term rental facility permit. Short-term rental facility permits shall state the following:

Each application for a renewal of a short-term rental facility permit shall include updated information for the documentation on file with the Code Enforcement Office, as well as a statement that all applicable taxes and utility payments are current, including the County Occupancy Tax. Payment of the applicable fee shall accompany the renewal application.

The Code Enforcement Officer shall verify that the information provided on the renewal application is complete and in accordance with the requirements of this section and shall perform a fire safety and property maintenance inspection of each short-term rental facility at a frequency not to exceed 24 months.

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 permit 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.

An appeal from a denial of renewal of a permit may be made to the Planning Board with due process applicable to such procedure.

An owner of a short-term rental facility must have a residence or office within 30 miles of the Village and be available 24 hours per day, every day during rental periods. 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. The owner shall provide to the Village the name, address, phone number and e-mail address of the property manager. Such information shall be provided to the Village Code Office Clerk, who shall transmit such information to the Village Clerk and Village Police Department.

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.

The property manager must be authorized by the property owner to act as the agent for the owner for the receipt of service of notices of violation of the provisions of this section and/or permit 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 facility for which such property manager is responsible, including the enforcement of the regulations and restrictions outlined in Subsection F, Short-term rental standards and requirements, of this section.

As a prerequisite to act as a property manager for a short-term rental facility the person, or if an entity other than an individual person, an authorized representative on behalf of such entity, shall execute an "acknowledgement of responsibilities," in a form and with content prescribed by and provided by the Village of Penn Yan. Such executed "acknowledgment of responsibility" shall be filed with the Village Code Office, with a copy thereof provided to the Village Clerk. A property manager determined by the Board of Trustees of the Village to have been deficient in their obligations pursuant to this section may be rejected and/or prohibited from acting as a property manager pursuant to this section. In such event both the property manager and the owner shall be notified verbally and by written notice as soon as is practical subsequent to the rejection and/or prohibition by the Board of Trustees. Notice shall be made to e-mail address(es) and the street address(es) on file with the Village.

These requirements shall apply to any replacement of a property manager.

The issuance of a short-term rental facility permit is conditioned upon continued compliance with the requirements of this section and 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 short-term rental facility 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 Office and that they notify the Code Enforcement Officer immediately upon any change in the information displayed on the short-term rental facility permit. If, based upon such changes, the Code Enforcement Officer issues an amended short-term rental facility permit the owner must immediately replace the permit displayed inside and near the front entrance of the short-term rental facility with the amended permit.

The short-term rental facility 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 short-term rental facility permit or renewal permit thereof under this section, as well as a revocation of a short-term rental facility permit, requires notice to the owner and the owner's property manager, which notice shall specify the reasons for such denial or revocation. Such denial or revocation may be appealed by filing a written appeal request with the Village Clerk within 15 days of the notice of such revocation. The appeal shall be heard by the Village Planning Board. The Planning Board 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 10 days in advance thereof. "Due process" shall apply to the appeal procedure.

A short-term rental facility permit may be revoked at any time by the Code Enforcement Officer for one or more of the following reasons:

Notwithstanding any other provision of this chapter or the Code of the Village of Penn Yan, any failure to comply with the provisions of this section will be considered a violation as defined in the Penal Law of the State of New York and may be punishable as follows:

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.

As an alternative to or in addition to a fine and/or incarceration, as provided herein, the person violating such provision may be sentenced to community service. Such a community service sentence shall be imposed as a definite term of hours of work to be served under the direction of the Department of Public Works of the Village of Penn Yan, and be pursuant to an Order of Conditional Discharge issued by the Court.