Penn Yan City Zoning Code
ARTICLE IVA
Special Uses
§ 202-20.1 Special use permit procedure.
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.
§ 202-20.2 Manufactured homes.
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).
§ 202-20.3 Adult use establishments.
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.
§ 202-20.4 Amusement game center.
[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.
§ 202-20.5 Drive-in uses.
§ 202-20.6 General business office.
§ 202-20.7 Grocery store.
§ 202-20.8 Manufacture, fabrication, extraction, assembly and other handling of materials, including offices and showrooms.
[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.
§ 202-20.9 Personal services.
§ 202-20.10 Professional office building; medical clinic.
§ 202-20.11 Professional offices.
§ 202-20.12 Vehicles sales (automobile, boat, recreational) and/or repair.
[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.
§ 202-20.13 Wind energy/conversion system.
§ 202-20.14 Cannabis sales and dispensing facilities.
[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.
§ 202-20.15 Cannabis on-site consumption facilities.
[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.
§ 202-20.16 Short-term rentals.
[Added 1-17-2023 by L.L. No. 1-2023; amended 5-20-2025 by L.L. No. 4-2025]
A.
Purpose and intent. The purpose of this section is to ensure that the quality of tourist rooming in short-term rental facilities operating within the Village is adequate for protecting public health, safety and general welfare, as well as to address the legislative findings with respect hereto, 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 PLANNING BOARD 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 possesses 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.
The Planning Board of the Village of Penn Yan.
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), Planned Business (PB) and Planned Residential (PR) 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] There shall not be permitted more than a combined total of 36 Tax Map parcels approved for short-term rental facilities in the Single-Family Residential (R-1) and General Residential (R-2) Districts in the Village.
[1]
Editor's Note: Said table is included as an attachment to this chapter.
D.
Required permit.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(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 permit may be obtained at the office of the Clerk of the Village of Penn Yan or the Village Code office. A completed application for (or renewal of) a short-term rental facility permit shall be submitted to the Code Enforcement Office, 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)
A copy of the most recent deed showing ownership of the subject property.
(3)
Permission for on-site fire safety and property maintenance inspection by the Code Enforcement Officer.
(4)
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.
(5)
A list of all the property owners of the proposed 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 section, 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 facility permit revoked within the previous three years in any jurisdiction.
(10)
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.
F.
Short-term rental standards and requirements:
(1)
Insurance and registration standards.
(a)
All applicants and permit holders must provide evidence of property insurance including a "certificate of liability insurance" indicating that the premises is rated as a short-term rental facility. The owner must maintain such insurance throughout the term of the short-term rental facility permit.
(b)
In addition to the requirements imposed by this section, all applicants and permit holders must obtain and maintain all applicable governmental permits and licenses necessary to conduct business as a short-term rental facility. The Yates County Certificate of Authority to Collect Occupancy Tax must be posted in the premises at the entry door in proximity to the Village of Penn Yan Short-Term Rental Facility Permit. Regardless of the mode of rental 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 facility site as a means of providing additional accommodations for paying guests or invitees.
(3)
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.
(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)
A Good Neighbor Statement stating:
[1]
That the short-term rental facility may be in a residential area in the Village of Penn Yan and that renters should be conscious of the residents in neighboring premises;
[2]
A statement that no vehicular traffic shall be generated that is greater than normally expected in the 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 and 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 be in compliance with applicable regulations.
G.
Procedure upon filing application.
(1)
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:
(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 have within the past three years had a short-term rental permit revoked, such information must be provided in the application.
(2)
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.
(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 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:
(a)
The date of issuance, the names, addresses and phone numbers of every person or entity that has an ownership interest in the short-term rental facility 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 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.
(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 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.
(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 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.
(5)
An appeal from a denial of renewal of a permit may be made to the Planning Board with due process applicable to such procedure.
I.
Property manager requirements.
(1)
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.
(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 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.
(4)
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.
(5)
These requirements shall apply to any replacement of a property manager.
J.
Conformity and display of permit.
(1)
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.
(2)
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.
(3)
Prior to any renters entering into possession of the short-term rental facility:
(a)
The current short-term rental facility 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 facility 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 Office.
(4)
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.
(5)
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.
K.
Appeal and license revocation.
(1)
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.
(2)
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:
(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;
(f)
To become delinquent in payment of applicable taxes, utility bills or County Occupancy Tax.
L.
Penalties.
(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 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:
(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.
(3)
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.
M.
Fees. A fee schedule shall be established by resolution of the Board of Trustees with respect to short-term rental facilities. 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 any initial short-term rental application, renewal short-term rental application, reinspections and any additional fee as deemed appropriate for this section.
N.
The Board of Trustees shall provide for a review of the provisions of this section each year in January for a recommendation as to whether any modifications hereto are advised.