Saranac Lake Village
City Zoning Code
City Zoning Code
ARTICLE XIV
Supplemental Standards
§ 106-89 Applicability.
Land use or development that complies with these supplemental standards and that does not otherwise require review under this code may be undertaken without Village approval except as specifically required by this section. Any such land use or development which does not comply with these supplemental standards shall not be undertaken except pursuant to a special use permit.
§ 106-90 Accessory structures and appurtenant structures.
[Amended 10-15-2019 by L.L. No. 4-2019]
A.
Accessory structures.
(1)
All accessory structures must meet dimensional requirements of Schedule 2 and this chapter.[1]
[1]
Editor's Note: Schedule 2 is included as an attachment to this chapter.
(2)
A building permit is required for accessory structures over 144 square feet in area as measured by plan or elevation view, whichever is larger.
(3)
No accessory structure shall be built or placed in the front yard, except:
(a)
The minimum front setback for an accessory building may be 15 feet if the primary entrance is facing the side or rear yard.
(4)
No accessory structure, or portion thereof, may be built upon a public ROW or easement.
(5)
Detached garages and/or accessory structures shall not exceed 15% of the total lot area associated with the primary building.
(6)
All accessory structures, except for wind- and solar-powered structures, shall be similar in design, exterior materials, and roof pitch to the principal and/or surrounding neighborhood buildings.
(7)
The exterior walls of accessory structures shall not exceed 10 feet in height above the finished floor, measured at the primary access to the building.
(8)
The maximum height of accessory structures shall not exceed 16 feet above the finished grade, measured at the primary access to the building.
(9)
If used for off-street parking, the accessory structure must be accessible from a street, paved alley, or driveway intended to serve such off-street parking.
(10)
Where multiple lots of record have continuous frontage and are under single ownership, the accessory structure is located on the lot upon which the principal building is located.
B.
Appurtenant structures.
(1)
A building permit is required for all appurtenant structures.
(2)
All appurtenant structures must meet setback and height requirements for the zoning district in which they are located.
§ 106-91 Fencing, retaining walls and hedges.
[Amended 10-15-2019 by L.L. No. 4-2019]
A.
Applicability. Adminstrative approval is required for any fence or retaining wall, except for fences or retaining walls that do not exceed three feet in height and temporary garden fences erected between April 15 and October 15 and constructed of materials commonly used for such applications.
B.
Fences and retaining walls over 100 square feet in area shall be located more than 50 feet from the shoreline of a lake, river or pond.
C.
No solid fences or retaining walls over 26 inches in height shall be permitted in the triangular area formed by the intersecting street lines and a straight line joining the street lines at points which are 20 feet in distance from the point of intersection measured along the street lines. Measurement of height shall be from the grade of the abutting top of curb or from the crown of the abutting road, if there is no curbing. Split-rail fences or other similarly open fences are permitted in the triangular area and are permitted to be 36 inches in height, provided that they do not create a traffic hazard and block visibility. No hedge over three feet in height shall be planted or maintained in this same triangular area.
D.
Fence design.
(1)
Fences shall be constructed of a common type such as split rail, picket, chain link, or stockade. Fences shall have the most decorative side facing adjacent properties.
(2)
No stockade-type or privacy fence shall be allowed in any front yard of a corner lot.
(3)
The fencing does not include barbed-wire, electric or similar materials designed to injure or maim anyone who attempts to climb such a fence.
(4)
Fences shall not be erected within two feet of a publicly owned curb or sidewalk and shall not be erected within a public ROW.
E.
Fence height.
(1)
Fence height shall be measured from the natural grade of the land along the fence line.
(2)
No fence over four feet in height shall be erected or maintained in the front yard.
(3)
Waterfront lots shall be considered as having dual front yards, the yard facing the street and the yard facing the water body, river or stream. In these instances no fence over four feet in height shall be erected or maintained in either front yard.
(4)
Excepting required fences for cannabis cultivation and cannabis nursery facilities, no fence over six feet in height shall be erected or maintained in any rear yard or side yard.
[Amended 1-9-2023 by L.L. No. 1-2023]
F.
Retaining wall design.
(1)
Existing stone retaining walls shall be preserved to the maximum extent practicable. Prior to the demolition or removal of a stone retaining wall, a demolition permit shall be obtained.
(2)
Retaining walls shall be constructed of natural or manufactured stone, concrete, or wood.
(3)
Retaining walls shall not be erected within two feet of a publicly owned curb or sidewalk and shall not be erected within a public ROW.
G.
Retaining wall height.
(1)
Retaining wall height shall be measured from the lowest point of the natural grade of the property.
(2)
No retaining wall over four feet in height shall be erected or maintained in the front yard.
(3)
The Director may approve the replacement of an existing retaining wall over four feet in height that is located in the front yard if the following conditions are met:
(a)
The Director determines that the retaining wall, if it is constructed of stone, cannot be safely or cost effectively repaired.
(b)
The height and length of the new retaining wall is less than or equal to the height and width of the retaining wall to be replaced.
(c)
The existing grade is unchanged and the original need for the retaining wall still exists.
H.
Maintenance. All fences and retaining walls shall be maintained in good repair and shall not interfere with the public right-of-way.
§ 106-92 Docks.
A.
A building permit is required for any dock.
B.
Standards for docks.
(1)
No dock shall be constructed in any configuration other than straight, pier, T, L, U, E or F shape.
(2)
No dock shall extend more than 40 feet offshore from the mean high-water mark or more than 20% of the width of the waterbody at the point of construction.
(3)
No dock shall exceed eight feet or be less than two feet in width, and the total width of any dock system, including all lateral projections, shall be 40 feet.
(4)
The maximum surface area of any dock shall be 700 square feet.
(5)
Every dock or wharf constructed shall have a minimum setback of 20 feet from the adjacent property line.
(6)
Docks constructed on the same parcel shall be a minimum of 30 feet apart along the shoreline.
(7)
No dock shall be constructed so as to interfere with normal navigation or reasonable access to adjacent docks.
(8)
The number of docks permitted to be constructed per lakefront lot is limited as listed in the Table of Standards for Docks below:
Table of Standards for Docks | |
|---|---|
Amount of Lake Frontage (linear feet) | Number of Docks |
45 to 65 | 1 straight pier, a minimum of 45 linear feet, is required for the construction of a dock |
66 to 150 | 1 straight T, L, or U-shaped dock |
151 to 250 | 2 straight T, F, L or U-shaped docks or 1 E-shaped dock |
251 to 500 | 3 straight T, F, L or U-shaped docks or 2 E-shaped docks |
501 or more | 4 straight T, F, L, E or U-shaped docks plus, for each 150 If over 501 If, 1 additional dock |
§ 106-93 Home occupations.
A.
General provisions.
(1)
Home occupations meeting the requirements and standards of this section are considered to be permitted accessory uses.
(2)
Allowing a variety of home occupations can promote economic vitality and diversity in the community.
(3)
Allowing people to work in their homes can cut down on traffic congestion and the need for parking in commercial areas.
(4)
The home occupation should not have a negative impact on the neighborhood and property values or affect the health, safety and welfare of adjoining residents.
(5)
Home occupations are a positive and efficient use of property as long as they do not create any disturbances, such as noise, odors, or parking problems, in their neighborhoods.
(6)
Hobby or club/group meetings are not occupations and are not subject to this home occupation regulation.
(7)
This section shall not prevent individuals, owners, lessees or purchasers under contract from conducting a business, trade, or profession in their homes or residences, provided that they meet the standards set forth by these regulations.
B.
Standards. Home occupations shall be permitted as an accessory use for any residential use, provided that the following standards are maintained by all persons engaged in such activities:
(1)
The activity shall not alter the primary use of the premises as a residence and shall be subordinate and limited to its utilization for other than residential uses to 30% of the total floor area of the residence or 700 square feet, whichever is greater, and the activity may utilize 100% of an accessory structure and/or building.
(2)
Only the occupants of the residence and two nonoccupants of the residence may conduct the activity.
(3)
In no way shall the appearance of the structure be altered, nor shall the activity within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of noises, odors, vibration or electromagnetic interference.
(4)
Outdoor storage related to a permitted home occupation is permitted in the side or rear yard in an area of up to 500 square feet. Outdoor storage relating to permitted home occupations shall not occur in the front yard. Outdoor storage areas shall not be located within eight feet of a property line.
(5)
There will be no storage on the premises of explosives or highly flammable or extremely hazardous materials, as defined by the United States Environmental Protection Agency, used in conjunction with a home occupation.
(6)
Wholesale or retail sale of goods on the premises shall be limited to 700 square feet.
(7)
Signs for home occupations are permitted under the following standards:
(a)
One sign, wall sign or freestanding, of up to four square feet in area is permitted; and
(b)
Externally and internally illuminated signs are prohibited.
(8)
Parking for up to four vehicles related to the home occupation may be provided. Parking for all vehicles related to the home occupation, including customer, employee, trailers and work vehicles, shall be provided in approved off-street parking spaces or accessory buildings.
(9)
A bed-and-breakfast is permitted to be operated as a home occupation under the following conditions:
(a)
The owner makes his or her residence on the premises.
(b)
The bed-and-breakfast is located in a single-family or two-family dwelling.
(c)
Services shall be or are offered only to registered lodgers and not to the general public.
(d)
No bedrooms for transient use shall be located above the second story, except in compliance with Subsection B(9)(e) through (g) below or the New York Fire Prevention and Building Code as amended.
(e)
A fire-safety notice shall be affixed to the occupied side of the entrance door of each bedroom for transient use indicating: Means of egress, location of means of transmitting fire alarms, if any, and evacuation procedures to be followed in the event of a fire or smoke condition or upon activation of a fire- or smoke-detecting or other alarm device.
(f)
Means of egress shall include at least one of the following alternatives: A special sprinkler installation conforming to the requirements of the New York State Fire Prevention and Building Code protecting all interior stairs serving as means of egress, an exterior stair conforming to the requirements of the New York State Fire Prevention and Building Code providing a second means of egress from all above-grade stories or levels, or an opening for emergency use conforming to the requirements of the New York State Fire Prevention and Building Code within each bedroom for transient use, such opening to have a sill not more than 14 feet above level grade directly below and, as permanent equipment, a portable escape ladder which attaches securely to such sill. Such ladder shall be constructed with rigid rungs designed to stand off from the building wall, shall be capable of sustaining a minimum load of 1,000 pounds, shall extend to grade, and shall provide unobstructed egress to legal open space.
(g)
Smoke-detecting alarm devices, installed in conformity with the New York State Fire Prevention and Building Code, shall be provided outside each separate sleeping area, in each sleeping space and on each floor level.
(h)
There is a two-person per room maximum and a five-room maximum occupancy.
C.
Permitted home occupations. Subject to the requirements herein, and notwithstanding anything to the contrary set forth above, customary home occupations include, but are not limited to, the following:
(1)
Consultation or emergency treatment by a doctor or a dentist, but not the general practice of such profession.
(2)
Home office facility of a salesperson, sales representative or manufacturer's representative, provided that no retail or wholesale transactions are made on the premises.
(3)
Office facilities for clergy.
(4)
Child-care/home care/day-care operations.
(5)
Home crafts such as model making, rug weaving, and lapidary work.
(6)
Workshop or studio for an artist, photographer, craftsman, writer, composer, dressmaker, tailor or computer repair, programming or design.
(7)
Facilities for instruction to not more than three pupils at any given time such as in music, dance or special education.
(8)
Homebound employment of a physically or mentally handicapped person who is unable to work away from home by reason of disability.
(9)
Office facilities for accountants, authors, editors, architects, brokers, consultants, engineers, website and graphic design, computer programming, land surveyors, lawyers, planners, insurance agents, realtors, and financial planners.
(10)
Bed and Breakfast in compliance with 9.5.2 (i).
§ 106-94 Manufactured homes and manufactured home communities.
A.
All manufactured homes outside manufactured home communities shall require administrative approval from the Director.
B.
All manufactured home communities shall require a special use permit.
C.
Manufactured homes outside manufactured home communities.
(1)
Any manufactured home parked or placed outside a manufactured home community shall demonstrate proper connection to the Village water and sewer systems; and
(2)
A manufactured home outside a manufactured home community shall comply with all the dimensional standards of this code.
D.
A manufactured home not in a manufactured home community and lawfully in existence at the effective date of this code shall register with the Director within 30 days of the effective date of this code.
E.
In accordance with § 106-39I of this code a home owner owning a manufactured/mobile home on the effective date of this code may replace his or her manufactured/mobile home with one of equal or greater value.
F.
Any replacement of a manufactured home registered with the Director under this section shall comply with the dimensional requirements of this code.
G.
Manufactured home communities.
(1)
A manufactured home shall be so placed on each lot that it shall be a distance of at least 20 feet from the next manufactured home in such court in any direction.
(2)
No manufactured home lot shall be located within 50 feet of any public highway or street lines or within 25 feet of any adjacent property line;
(3)
An adequate supply of pure water for drinking and domestic purposes shall be supplied to all buildings and manufactured home lots within the courts to meet the requirements of the court.
(4)
Each manufactured home lot shall be provided with proper water connections.
(5)
Each manufactured home lot shall be provided with a sewer line according to the standards and specifications of the Village Department of Public Works, which shall be connected to receive the waste from the shower, bathtub, flush toilet, lavatory and kitchen sink the manufactured home harbored in such lot and having any and all of such facilities.
(6)
Sewer connections in unoccupied lots shall be so closed that they will not emit any odors or cause a breeding place for insects.
(7)
Metal garbage cans with tight-fitting covers shall be provided in quantities adequate to permit disposal of all garbage and rubbish.
(8)
Garbage cans shall be located not farther than 200 feet from any manufactured home lot.
(9)
Each manufactured home community shall provide weatherproof electric service connections and outlets for each lot, all such connections and outlets to be of a type approved by an appropriate electrical inspection agency.
H.
Occupancy records. The owner or operator of each manufactured home community shall keep a record, in writing, of all persons occupying or using the facilities of such manufactured home community, which record shall include the following:
(1)
The name and address of the occupant of each manufactured home; and
(2)
The name and address of the owner of each manufactured home which is not occupied by the owner.
I.
None of the provisions of this section shall be applicable to a temporary office located on the site of a construction project, survey project or other similar work project and used solely as a field office or work or tool house in connection with such project, provided that such manufactured home is removed from said site within 30 days after the completion of construction.
§ 106-95 Agricultural uses and composting.
A.
It shall be unlawful for any person to undertake any agricultural uses relating to the keeping of animals and livestock except in compliance with the following regulations and standards:
(1)
Regulations under this section apply to the harboring of livestock and small animals or fowl in the Village, provided that these regulations shall not apply to animal services facilities, kennels, veterinary offices, clinics, and hospitals, nor shall it apply to any facility possessing or maintaining livestock and/or small animals or fowl which is owned, operated, or maintained by any Village, county, state, or the federal government, including but not limited to public zoos, nor shall it apply to museums, laboratories and research facilities maintained by scientific or educational institutions, nor shall it apply to private or commercial activities such as circuses, fairs, or private zoological parks which are otherwise regulated by law;
(2)
All animals found to be at large may be taken up and impounded. Animals may also be impounded for any of the reasons as provided in this code;
(3)
It is declared a nuisance and shall be unlawful for any person to keep, within the Village limits or upon any premises within the Village, any livestock;
(4)
It shall be unlawful for any person to harbor livestock and small animals or fowl, including roosters, within the Village except as provided in this code.
B.
Hen chickens, turkeys, ducks, and rabbits. The keeping of hen chickens, turkeys, ducks, and rabbits in the Village is permitted, providing the following requirements are met:
(1)
The minimum lot size for harboring and maintaining rabbits and hen chickens, turkeys and ducks, in the Village shall be 5,000 square feet;
(2)
A total of six hen chickens, turkeys, duck, and rabbits in any combination is permitted for each 5,000 square feet of lot area;
(3)
One additional hen chicken, turkey, duck, or rabbit is permitted for every 1,000 square feet of lot area over 5,000 square feet of property;
(4)
The maximum number of hen chickens, turkeys, ducks, or rabbits permitted under any lot size is 30;
(5)
In determining the number of hen chickens, turkeys, ducks, and rabbits permitted, only those animals eight weeks or older in age shall be counted;
(6)
Coops and/or cages are not permitted in the front yard;
(7)
No more than one animal shelter building each for the housing of rabbits and hen chickens shall be permitted on one lot;
(8)
Hen chickens shall be confined in a coop not less than 36 inches in height. The coop must be used for chickens only, and must be well ventilated. The coop shall have a minimum of four square feet of floor area for each hen chicken;
(9)
No pens, cages, crates, or enclosures, etc., shall be located closer than 15 feet to the side or rear property line or any residential building;
(10)
All animals shall be confined to the private property on which they are kept;
(11)
All pens, cages, crates, and enclosures and premises upon which any such animals are kept and confined shall be kept in a clean, healthful, and sanitary condition by the person owning, possessing, or using any such premises for said purposes;
(12)
No persons owning, possessing, or using any such premises shall permit any nuisance arising from such animals to be formed or to accumulate thereon;
(13)
The run must be well drained so there is no accumulation of moisture. The coop shall be constructed in a manner to prevent dogs, vermin (raccoons, fox, weasel, etc.) and other predators from entering; and
(14)
Coops and cages shall be kept clean, sanitary, and free from accumulation of animal excretion and objectionable odors.
C.
Bees. The keeping of bees in the Village is permitted, providing the following requirements are met:
(1)
Parcel and apiary size requirements are listed in the Table of Standards for Apiaries below:
Table of Standards for Apiaries | |
|---|---|
Parcel Size (square feet) | Number of Hives |
0 to 5,999 | 0 |
6,000 to 10,000 | 2 |
10,001 to 20,000 | 4 |
20,001 to 43,560 (0.46 acre to 1 acre) | 10 |
Over 1 acre | No more than 10 on any Village property |
(2)
Hives are not permitted in the front yard.
(3)
Hives shall be at least 25 feet from a property line, with the hive entrance facing away from or parallel to the nearest property line.
(4)
Hives adjacent to public ROWs shall comply with placement requirements in such a manner as to direct bee flight at least 20 feet into the air over the road surface. In lieu of this requirement, a hive shall be placed at least 100 feet from the road right-of-way, with the entrance parallel thereto.
(5)
Hives shall be managed for swarm prevention and gentleness.
(6)
Hives shall be requeened at least biannually to prevent swarming. Annual requeening is strongly recommended.
(7)
Hives shall be requeened if bee behavior is likely to cause a nuisance.
(8)
A consistent source of water shall be provided at the apiary unless it occurs naturally within 300 yards. The water may be sweetened with mineral salt or chlorine to enhance its attractiveness. This requirement is intended to discourage bee visitation at swimming pools, hose bibs, animal watering sources, bird baths or where people congregate.
(9)
Apiaries shall be managed and kept in a clean and orderly manner and appearance to prevent a nuisance.
(10)
An apiary shall be identified by placing a sign so it is visible to passersby. Sign lettering shall be a minimum of two inches in height and shall include the name and telephone number of the owner. Signs shall be placed in a manner to make them conspicuous to anyone approaching the apiary.
(11)
Bees shall be considered a nuisance when colonies of bees are defensive or exhibit objectionable behavior or interfere with the normal use of property or the enjoyment of persons, animals or property adjacent to an apiary; or when colonies of bees swarm; or when the hive becomes abandoned.
D.
Pigeons. The keeping of pigeons in the Village is permitted, providing the following requirements are met:
(1)
The keeping of pigeons within a dwelling unit, condominium development or townhouse development is not permitted.
(2)
Pigeons kept in the groups consisting of "homing," "show" and "fancy" classes must not exceed 40 birds.
(3)
The uncontrolled release of pigeons (free lofting) in a residential area is not permitted.
(4)
Free-flight exercise must be conducted on a planned basis, with duration time typically from 30 to 90 minutes and performed no more than twice daily.
(5)
Free nonflight time must be conducted under close supervision by the owner.
(6)
The exit and entry of these birds from a loft, aviary or cage must be fully controlled. Provision must be made for all released birds to return through a one-way entrance that will not permit uncontrolled exit.
(7)
Appropriate landing boards must be provided to encourage the uninterrupted return of birds to the loft, aviary or cage.
(8)
Every reasonable attempt must be made to retrieve birds that do not return.
(9)
Birds must not be permitted to roost on neighbors' premises.
(10)
Birds must be appropriately conditioned in their behavior to ensure rapid and voluntary return to their enclosure after liberation.
E.
Miniature potbelly pigs. That type of swine commonly known as the Vietnamese, Chinese, or Asian potbelly pig (Sus scrofa bittatus) may be kept as a small animal, provided that the animal is fully domesticated and is kept in the principal dwelling and that no swine that is greater than 22 inches in height at the shoulder or more than 150 pounds in weight may be kept in the Village.
F.
General requirements concerning the lawful keeping of animals.
(1)
It is unlawful for any person to intentionally or carelessly injure any animal within the Village.
(2)
Sanitary keeping. It is unlawful to keep any animals within the Village unless the places where they are kept are at all times maintained in a sanitary condition. If the animal control officer determines that the condition of the place where the animals are kept is unsanitary, the party so keeping the same shall have a period not to exceed five days in which to place the same in a sanitary condition in accordance with the direction of the animal control authority. If the unsanitary condition is not abated within the five-day period, the premises may be abated as a nuisance.
(3)
Abandonment. It is unlawful for any person to transport any animal within the Village limits for the purpose of abandoning it either within or without the Village limits, or to place any animal on public or private property for the purpose of abandonment.
(4)
Transporting or confining in an unsafe manner. It is unlawful for any person to willfully transport or confine or cause to be transported or confined any domestic animal or animals in a manner, posture, or confinement that will jeopardize the safety of the animal or the public.
(5)
Mistreatment. It is unlawful for any person to keep or harbor an animal within the Village without providing a suitable dry place for the housing thereof, or to fail to provide a suitable amount of wholesome food and clean water for the nutrition and comfort thereof, or to leave the premises upon which such animal is confined, or to which it customarily returns, for more than 24 hours without providing for the feeding and care of such animal in the absence of such person.
G.
Preexisting conditions.
(1)
Any person keeping hen chickens, rabbits, bees, and pigeons on the effective date of this code in nonconformance with the standards of this section shall comply with the standards pertaining to avoidance of nuisance conditions and shall otherwise comply with these standards within two years from the effective date of this code.
(2)
The keeping of other forms of livestock that is not conforming to the requirements of this code and in existence on date of the adoption of this code shall be allowed to continue; provided, however, that such use shall not cause a nuisance and shall otherwise comply with these standards two years from the effective date of this code.
(3)
No expansion or enlargement of the nonconforming keeping of animals is allowed.
(4)
The discontinuance of any nonconforming keeping of animals for a period of 12 consecutive months shall be deemed abandonment of the use, and any further keeping of livestock on the property shall conform to this section.
H.
Composting.
(1)
Yard, wood and kitchen compost shall not include meat, fish, bones, fatty foods (cheese, oils, etc.) or inorganic material (plastic, glass, foils, etc.).
(2)
The compost pile, pit or bin shall have a footprint of no more than 64 square feet and shall be no more than four feet high.
(3)
No compost pile, pit or bin shall be permitted within the front yard of any lot within the Village, except in self-contained, commercially manufactured bins with a footprint of no more than nine square feet.
(4)
The side yard and rear yard setback for the compost pile, pit, or bin shall be five feet;
(5)
The compost pile, pit or bin must be maintained in a manner that will not emit noxious odors or attract animals.
(6)
Livestock mortality and butcher waste is prohibited.
§ 106-96 Rubbish, dumpsters, and garbage storage.
A.
General requirement. In addition to the requirements of Article 307 of the New York State Property Maintenance Code as amended from time to time, all rubbish and garbage shall be stored in accordance with the requirements of this section; provided, however, that single-family and two-family dwellings are exempt from the requirements of this section.
B.
Administrative approval shall be obtained from the Director prior to the installation and location of any solid waste container, or relocation of any container, and prior to the installation of any required screening for a container.
C.
Containment.
(1)
All solid waste shall be stored in approved containers.
(2)
Containers shall include receptacles (e.g., dumpsters, garbage cans, and recycling bins) constructed of such material and in such a manner as to hold solid waste without breaking or collapsing.
(3)
Containers shall have covers so that the contents therein are not exposed to the weather, animals and vermin.
D.
Screening.
(1)
Solid waste containers shall be screened from off-site views to achieve a visual barrier.
(2)
Screening may consist of fencing, walls, evergreen landscaping, berms, or other methods approved by the Director.
(3)
Screening shall exceed the height of the container(s) and should include gates serving to screen the container(s).
E.
Container usage.
(1)
Container covers shall remain closed, and containers shall not be overfilled;
(2)
Dumpster screening gates shall be closed at all times except for loading or unloading;
(3)
A sufficient number of containers shall be provided to hold all solid waste between removal dates; and
(4)
Solid waste in containers shall be removed at a frequency necessary to prevent insect and rodent attraction and nuisance conditions.
F.
Location of containers.
(1)
Containers shall be set back five feet from the side or rear property lines;
(2)
Containers shall not be located within the front yard; and
(3)
The location requirements as set forth herein may be modified pursuant to administrative review by the Director and in accordance with the following conditions:
(a)
It is technically infeasible to meet the dimensional requirements due to preexisting conditions such as the location of buildings on a lot or terrain; and
(b)
The approved modification(s) shall not compromise aesthetics or create a nuisance.
§ 106-97 Clearing regulations.
A.
Selective tree removal and clear-cutting.
(1)
Clear-cutting on any one lot shall not exceed 1/2 acre;
(2)
No clear-cutting shall be permitted on slopes greater than 15%;
(3)
Selective removal of trees on slopes over 15% is permitted when done in accordance with a cutting plan as prepared by a qualified forester; and
(4)
All timber harvesting operations, including headers and entrances, shall be done in accordance with a plan prepared by a qualified forester and must employ best management practices (BMPs) as promulgated by the New York State Department of Environmental Conservation (DEC) to prevent sedimentation.
B.
Clearing for subdivisions.
(1)
Clearing for subdivisions is not allowed until final approval of the subdivision from the Development Board is complete.
(2)
During construction, clearing shall be limited to the extent of grading only as permitted in final plat approval.
(3)
All clearing operations must make provision for protection against erosion and sedimentation in accordance with stormwater control requirements in Part 4, Article XVIII, of this code and the New York State Department of Environmental Conservation if applicable.
C.
Clearing for new and existing structures.
(1)
Cutting on slopes greater than 25% shall be prohibited except for the construction of buildings with a building permit and in accordance with these clearing regulations.
(2)
Clearing for a driveway shall be limited to the minimum width necessary to accommodate the driveway and grading, and in no case shall exceed 25 feet.
(3)
Clearing for a septic field or pit or sewer line shall be limited to 10 feet beyond the space occupied by the elements of the system.
§ 106-98 Special events.
A.
Approval required. Administrative approval is required to hold a special event on residential private property. No Adminstrative approval is required for special events held on nonresidential private property, and such events are not subject to the standards in § 106-98B. However, nothing in this section exempts the organizer of a special event on nonresidential property from obtaining any other permits and approvals that may be required from other agencies, and such events shall conform to all other applicable Village, county and state laws and regulations.
B.
Standards. Special events on private residential property shall conform to the following provisions:
(1)
Special events shall not occur more than three times per calendar year on any residential lot.
(2)
Special events shall not extend more than one day.
(3)
Special events may only occur between the hours of 8:00 a.m. and 10:00 p.m. on the scheduled day of the event.
(4)
Special events shall not be detrimental to the health, safety or general welfare of persons residing or working in the neighborhood where the event will be held or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the Village.
§ 106-99 Residential sale events.
No person shall conduct a yard sale, barn sale, garage sale, tag sale or similar event on a residential premises, regardless of how the event is described, except in accordance with the following provisions:
A.
Such events shall occur not more than five times per calendar year on any residential lot. If more than five times per year, it is considered a home occupation.
B.
The event shall not exceed three consecutive calendar days per occurrence.
C.
Limits on hours of sale and/or event. On the days the event is scheduled to occur, the hours of the sale or event shall be restricted to the hours of 8:00 a.m. to 8:00 p.m.
D.
Signage. Any signs associated with the event shall be installed not more than one week before the start of the event and shall be removed immediately upon its close.
§ 106-100 Retail sale events.
A.
Retail sales in District E: Outdoor sales and displays are allowed to occur when consistent with the following standards:
(1)
Outdoor sales of goods and merchandise on a permanent basis are prohibited;
(2)
Outdoor sales and displays may occur from Memorial Day through Labor Day each year and for not more than one time for six weeks during the remainder of the year;
(3)
Outdoor sales and displays may occur on private property and on the same lot as the associated retail operation;
(4)
Outdoor sales and displays may occur along the public sidewalk when consistent with the Table of Encroachment Standards in § 106-101, Encroachments, specifically maintaining a clear walk path. Displays shall be located directly against the building and not along the curb side; and
(5)
Outdoor sales areas may not take up more than 75% of the frontage of the building that they are associated with.
B.
Retail sales in other districts: Outdoor retail sales and displays that provide the following information and meet the following standards may be undertaken pursuant to administrative approval by the Director:
(1)
The sales area must be delineated on a site plan indicating its dimensions and overall area size;
(2)
If located within a parking lot, document the number of parking spaces impacted;
(3)
Indicate how will pedestrians access the sales areas, and when leaving the area, other destinations within the site should be provided;
(4)
Indicate the size and type of structures, barriers, or buildings to be erected to temporarily facilitate sales of products or sales operations. Such structures, barriers, or buildings shall be of similar color and materials so as to complement the other structures or buildings on the site;
(5)
Indicate measures to be taken to limit potential adverse visual impacts. Such measures may include plantings to screen the area or fences to block views from neighboring properties or public rights-of-way;
(6)
Ensure a dimensional separation of 10 feet and the provision of a structural barrier between vehicle travel lanes and pedestrianways; and
(7)
Indicate measures to be taken to alleviate adverse impacts to the safe movement of vehicles and pedestrians through the area.
§ 106-101 Encroachments.
A.
Permit required. Encroachments of temporary structures or improvements, including but not limited to planter boxes, seating, arcades, galleries, temporary signs and awnings, within the public ROW are permitted with administrative approval from the Director.
B.
Encroachments into the public ROW shall be in conformance with the standards in the Table of Encroachment Standards:
Table of Encroachment Standards | |
|---|---|
Standard | Distance (feet) |
Encroachment location: front and street side (maximum encroachment distance) | 8 |
Clear space to curb (minimum distance to maintain clear at all times) | 4 |
Clear walk path (minimum distance to maintain clear at all times)* | 4 |
Vertical clear area to sidewalk (minimum distance to maintain clear at all times) | 8 |
*Note: Clear walk path is intended to comply with the standards of the Americans with Disabilities Act. | |
§ 106-102 Wind-powered systems.
A.
General regulations.
(1)
Accessory use. Wind-powered systems may exist only as an accessory use.
(2)
Accessory structure. Ground-mounted wind-powered systems shall be considered accessory structures.
(3)
Permits required. Prior to installation of a wind-powered system, administrative approval and a building permit are required. The application for an administrative permit for a wind-powered system must be accompanied by a site plan and elevation drawings.
(4)
Site plan requirements. A site plan of the proposed wind-powered system shall include:
(a)
A survey or scaled drawing of the site on which the proposed wind-powered system will be constructed;
(b)
The location of the wind-powered system in regards to the property on which the system will be constructed.
(c)
All components of the system, including the distance of the system to the property lines; required setbacks; existing structures on the site; natural features such as watercourses and trees.
(5)
Elevation drawings. Elevation drawings shall include:
(a)
The design and height of the proposed wind-powered system; and
(b)
Detailed drawings of all system components.
B.
Design standards.
(1)
Setback requirements. Ground-mounted wind-powered systems, including windmills and/or wind turbines, shall be set back from all boundaries of any lot or habitable structure by a distance equal to at least 125% of the tower's height, as measured from average natural ground level to the highest point of the arc of the wind blades' elevation above such ground level.
(2)
Power output. Wind-powered systems shall be limited to five kilowatts of peak power output.
(3)
Permissible noise levels. All wind-powered systems are limited to 60 decibels at any point along the property line of the lot on which the system is to be located.
(4)
Tower type. The tower shall be monopole without guy wires.
(5)
Color. The color of all wind-powered systems shall be nonreflective and of neutral tones or of earth tones such as subdued green or brown. Grey, including naturally darkening galvanized grey, is also an acceptable neutral tone. Wind-powered systems shall not be finished in bright or vivid colors intended to draw attention to the structure.
(6)
Density. One wind-powered system is allowed on any lot unless they are separated by a distance equal to at least the height of the tallest such tower, as measured from average natural ground level to the highest point of the wind blades' elevation above such ground level.
(7)
Lighting. All lighting not required by Federal Aviation Administration (FAA) regulations is prohibited.
(8)
Signs. There shall be no signage on the tower structure or any rotor blade.
C.
Abandonment.
(1)
Abandonment. A wind-power system shall be considered abandoned if the wind-powered system is not operated for a continuous period of 12 months.
(2)
Removal. Upon abandonment or discontinuation of use, the property owner shall completely disassemble and remove all elements of the wind-powered system, including its base and foundation, within 90 days from the date of abandonment or discontinuation of use.
§ 106-103 Solar electric systems.
A.
General regulations.
(1)
Accessory use. Solar electric systems may exist only as an accessory use.
(2)
Accessory structure. Ground-mounted and freestanding solar electric systems shall be considered accessory structures.
(3)
Permits required. Prior to installation of a solar electric system a administrative approval and a building permit are required. A New York State Unified Solar Permit application may be submitted in-lieu of an administrative permit application and building permit application for roof-mounted solar electric systems. The application for an administrative permit for a Ground-mounted or freestanding solar electric system must be accompanied by a site plan that includes the following:
(4)
A site plan of the ground-mounted or freestanding solar electric system shall include:
(a)
A survey or scaled drawing of the site on which the proposed solar electric system will be constructed;
(b)
The location of the solar electric system in regards to the property on which the system will be constructed.
(c)
All components of the system including the distance of the system to the property lines; required setbacks; existing structures on the site; natural features such as watercourse and trees.
B.
Design standards.
(1)
Setbacks. Ground-mounted and freestanding solar electric systems shall meet applicable accessory structure setback requirements of the zoning district in which the system is located.
(2)
Maximum height. The height of the solar electric system and any mounts shall not exceed 20 feet when oriented at maximum tilt.
(3)
Maximum size. The total surface area of all ground-mounted and freestanding solar electric systems on the lot shall not exceed 1,000 square feet.
(4)
Front yard prohibition. Solar electric systems shall not be located in the front yard.
C.
Abandonment; removal.
(1)
Abandonment. A solar electric system shall be considered abandoned if the solar electric system is not operated for a continuous period of 12 months.
(2)
Removal. Upon abandonment or discontinuation of use, the property owner shall completely disassemble and remove all elements of the solar-electric-powered system, including its base and foundation, within 90 days from the date of abandonment or discontinuation of use.
§ 106-104 Community houses.
A.
General regulations. Community houses shall require special use permits in any district allowed by Schedule 1 and are subject to all applicable provisions of Article XII and the design and supplementary standards of Articles XIII and XIV.[1]
[1]
Editor's Note: Schedule 1 is included as an attachment to this chapter.
B.
In addition to the applicable provisions of Articles XII, XIII and XIV, new community houses shall also comply with the following requirements:
(1)
Density. Density shall not exceed one person per 200 square feet of gross floor area.
(2)
Dimensional standards. All dimensional standards for the underlying zoning district shall be applicable.
(3)
Minimum distance between community houses. The minimum distance (lot line to lot line) between any two community houses shall be 500 feet.
§ 106-104.1 District H-2 steep slope standards.
[Added 7-9-2018 by L.L. No. 2-2018]
A.
Purpose. The purpose of this section is to provide for reasonable use of steep slopes in the H-2 District while ensuring development will not induce soil erosion, require excessive grading, increase slope instability, or create sewage disposal problems and shall be in conformance with the following objectives:
(1)
Guard against property damage and personal injury, and minimize the potential for erosion, slope failure, stream siltation, increased runoff, flooding and contamination of surface waters caused by the adverse effects of site preparation and construction on steep slopes;
(2)
Conserve existing woodlands for air quality, water quality and ecological benefits;
(3)
Protect the historic and environmental character of the area;
(4)
Permit land uses by right that are compatible with protection of steep slope areas, and encourage the use of steep slope areas for open space and conservation uses;
(5)
Require development to avoid steep slope areas wherever possible, and require all land use, clearing, grading, and construction to satisfy development standards;
(6)
Regulate expansion of land use or development that existed on steep slope areas prior to enactment of these requirements; and
(7)
Protect adjoining properties from harmful consequences of development permitted under these requirements.
B.
Areas of steep slope shall be further divided into the following two categories:
(1)
Moderately steep slope; and
(2)
Very steep slope.
C.
Applicability. All land use activities encompassing an area of steep slope are considered to be major projects and shall, prior to the issuance of a building permit or a certificate of occupancy; receive approval of a special use permit from the Development Board pursuant to the standards and procedures set forth in Article XII.
D.
General provisions. For any lot or portion thereof within an area of steep slope the following regulations shall take precedence over the regulations of the district in which the lot is located:
(1)
Moderately steep slopes. No more than 30% of moderately steep slopes shall be regraded, cleared, built upon, or otherwise altered or disturbed.
(2)
Very steep slopes. No more than 15% of very steep slopes shall be regraded, cleared, built upon, or otherwise altered or disturbed. In addition, the disturbance permitted on very steep slopes shall be limited to the following activities:
(a)
Selective tree removal, when conducted in compliance with § 106-97A. Clearcutting or grubbing of trees is prohibited on very steep slopes.
(b)
Grading for the minimum portion of a road or driveway necessary for access to the principal use and sewer, water and other utility lines when it can be demonstrated that no other routing is feasible.
(3)
The dimensional standards for the H-2 District in terms of yard setbacks and building height remain in effect. Lot coverage and minimum lot size standards and limits of disturbance for the underlying district shall be superseded by the standards set forth in this section.
(4)
The minimum lot size for lots where the disturbance is proposed within areas of steep slope shall be one acre.
(5)
All uses, activities and development occurring within any steep slope area shall be undertaken only in strict compliance with the provisions of this section, with all federal and state laws, and with all other applicable Village codes and laws.
(6)
Finished slopes of all cuts and fills shall not exceed 33%, unless the applicant can demonstrate that steeper slopes can be stabilized and maintained adequately to the satisfaction of the Development Board. The Development Board may consult with the Village Engineer or an engineer of their choice to determine the adequacy of the slope stabilization proposed.
(7)
All cuts shall be supported by retaining walls and comply with the requirements of § 106-91E. Depending upon the nature of the soil characteristics, such retaining walls are to be reviewed and approved by the Village Engineer or an engineer selected by the Development Board;
(8)
Any fill placed on the lot shall be properly stabilized and, when found necessary depending upon existing slopes and soil types, supported by retaining walls or other appropriate structures as approved by the Village Engineer or an engineer selected by the Development Board.
(9)
Any disturbance of steep slopes shall be completed within one construction season, and stabilization measures (temporary and/or permanent) in disturbed areas shall comply with stormwater control measures as specified in Article XVIII, Stormwater Control.
(10)
No trees with a diameter at breast height (DBH) of eight inches or more shall be removed from steep slope areas, and other clearing shall comply with the requirements of § 106-97A.
(11)
The alignment of roads and driveways shall follow the natural topography, minimize regrading and comply with design specifications of § 106-128.
(12)
The maximum grade of a road or driveway shall not exceed 10%.
E.
Application standards. To ensure compliance with the resource protection standards in areas of steep slope as specified in this section, the following information shall be submitted by the applicant when applying for special use permit.
(1)
Delineation of steep slope areas. For the purpose of application of these regulations, slope shall be measured over three or more two-foot contour intervals (six cumulative vertical feet of slope). All slope measurements shall be determined by a topographic survey signed and sealed by a licensed surveyor or engineer.
(2)
The plan depicting the areas of steep slope and any proposed uses shall be prepared by a professional engineer, landscape architect, and/or surveyor and licensed by the New York State Department of Education. The plan as submitted shall accurately delineate the areas of moderately steep slope and/or very steep slope, the proposed use(s), and a topographical survey with contour elevations at no greater than two-foot intervals, where feasible.
(3)
A separate plan depicting and quantifying the proposed modifications to the existing topography and vegetative cover.
(4)
The use of stormwater control devices and erosion control measures as specified in Article XVIII.
(5)
Specifications for building construction and materials, including filling, grading, storage of materials, and water supply and sewerage facilities.
(6)
Documentation of any additional engineering and/or conservation techniques designed to alleviate environmental problems that may be created by the proposed activities; in compliance with municipal sedimentation and erosion control regulations.
(7)
Written confirmation from the Saranac Lake Volunteer Fire Department that emergency access is satisfactory to provide adequate fire protection.
§ 106-104.2 Cannabis facilities.
[Added 1-9-2023 by L.L. No. 1-2023]
In addition to the regulations established by the MRTA and the Office of Cannabis Management, the following standards, requirements, and consideration shall apply to cannabis facilities as indicated below.
A.
Location requirements.
(1)
Separation distances.
(a)
School grounds. No cannabis facility shall be located on the same road and within 500 feet of preexisting school grounds.
(b)
Place of worship. No cannabis facility shall be located on the same road and within 200 feet of a preexisting building occupied exclusively as a place of worship.
(c)
Separation distances shall be measured in a straight-line from the center of the nearest entrance of such place of worship or the nearest point of school grounds to the center of the nearest entrance of such cannabis facility.
(d)
If the school or place of worship or cannabis facility is situated on a corner lot, such establishment is considered to be on both roads of the intersection, whether or not there is an entrance to the building on both roads.
(2)
Fixed location. All cannabis facilities shall be operated from a fixed location and shall not be operated from a movable structure or vehicle, except as may be permitted for delivery purposes pursuant to the MRTA.
(3)
Home occupation prohibited. No cannabis facility shall be permitted as a home occupation.
B.
Hours of operation.
(1)
Cannabis retail dispensaries, including the retail dispensary component of a microbusiness, may be open for business between the hours of 8:00 a.m. and 12:00 midnight, Monday through Saturday, and between the hours of 10:00 a.m. and 9:00 p.m. on Sundays. Hours of operation must be provided in the application submission to the Development Board.
(2)
On-site cannabis consumption lounges may be open for business between the hours of 8:00 a.m. and 3:00 a.m., Monday through Saturday, and 10:00 a.m. to 3:00 a.m. on Sundays. Hours of operation must be provided in the application submission to the Development Board.
(3)
The hours of operation for cannabis cultivation, cannabis nurseries, cannabis distributors, and cannabis processing facilities, including applicable components within a cannabis microbusiness, must be provided in the application submission to the Development Board.
C.
Security.
(1)
All cannabis facilities shall provide proper security at the premises meeting minimum standards set forth by the Office of Cannabis Management to deter and prevent illegal activities from taking place on or near the applicant's premises and avoid conduct that has an adverse effect on the health, safety and/or welfare of employees, customers, and the surrounding neighborhood.
(2)
A security plan shall be provided with the special use permit application.
D.
Outdoor storage. With the exception of cannabis cultivation facilities, no cannabis facilities shall be permitted to store products, materials, or other supplies outdoors.
E.
Control of emissions and waste.
(1)
Sufficient measures and means of preventing smoke, odors, debris, dust, fluids, and other substances from exiting a cannabis facility shall be provided at all times.
(2)
All special use permit applications for cannabis facilities shall provide an odor and waste control plan that provides for proper and adequate ventilation and demonstrates that any odors and waste associated with the cannabis facility shall be effectively confined to the premises and so treated to avoid any negative impacts to neighboring properties.
(3)
The facility operator shall properly dispose of all such materials, items, and other substances in a safe, sanitary, and secure manner and in accordance with all applicable federal, state and local laws and regulations.
F.
Discontinuation of use and license revocation. If the cannabis facility ceases to operate in accordance with the applicable State of New York license or if the license issued pursuant to the MRTA is revoked by the State of New York,. the facility operator shall immediately notify the Community Development Director, the applicable special use permit approval shall automatically be revoked, and all materials, cannabis products, equipment, and signage shall be removed from the premises and properly secured in accordance with applicable State of New York requirements.
G.
Signage. All signage shall comply with the MRTA, applicable regulations established by the Office of Cannabis Management, and shall obtain a Village sign permit in accordance with this chapter.
H.
Cannabis cultivation and cannabis nursery facilities. The following standards shall apply to cannabis cultivation and cannabis nursery facilities:
(1)
No fertilizers, compost soils, materials, machinery, or equipment shall be stored within the front yard or required front, side, and rear yard setbacks.
(2)
Areas dedicated to outdoor cultivation shall not be located within the front yard.
(3)
Areas dedicated to outdoor cultivation shall be enclosed by an eight-foot-tall fence featuring screening, decorative elements, and/or landscaping, at the discretion of the Development Board.
I.
Cannabis retail dispensaries.
(1)
The principal entrance must be located on a public thoroughfare at street level.
(2)
The use of a walk-up or drive-through window service is prohibited.
J.
New York State license requirements. If the applicable license issued pursuant to the MRTA specifies other, additional, or more restrictive provisions relating to the size, site plan, other physical attributes of a cannabis facility, security provisions, hours of operation, or other requirements, said provisions or requirements of the license and related New York State regulations shall control.
K.
Notification to municipality. No application shall be deemed complete until the Department of Community Development receives an official notification by the applicant on a form provided by the Office of Cannabis Management.
L.
Approvals. Special use permit approvals shall be conditioned upon issuance of the applicable license in accordance with the MRTA and said license is provided to the Community Development Director.
M.
Duration of operation. Special use permit approvals issued under this section shall have a term limited to the duration of the applicant's use of the premises as a licensed operator.
N.
Any violation of this section shall be grounds for revocation of the applicable special use permit.
§ 106-104.3 Short-term rentals.
[Added 6-12-2023 by L.L. No. 3-2023; amended 5-27-2025 by L.L. No. 1-2025]
A.
Ownership of properties.
(1)
Properties must be owned by an individual, individuals, sole proprietorship, general partnership, limited liability partnership, limited liability company, or S corporation. No property owned by any other type of corporation shall qualify for a permit.
(2)
A general partnership, limited liability partnership, limited liability company, or S corporation must disclose names of all partners and/or members when applying. Any changes in partners and/or members shall be provided in writing to the STR Permit Administrator within 30 days.
(3)
Individually owned properties must be owned by a host-resident-owner, as defined above, to qualify for a new STR permit. At least one owner, with at least 25% ownership of proposed STR property, owner of a general partnership, limited liability partnership, a limited liability company, or an S-corp must be a host-resident-owner, as defined above, to qualify for a new STR permit.
(4)
Host-preexisting-owners are exempt from the host-resident-owner requirement.
B.
Density regulation.
(1)
To maintain neighborhood balance and prevent over-saturation of short-term rentals (STRs), new STR applications are subject to a density restriction. A new short-term rental cannot be established within 200 ft. of an existing or newly approved STR property, excluding districts E1, E2, E3, B1, B2, B3, B4, G, L3, and the cabin colony establishment/existing HOA within K2. A 200-foot radius is measured from the parcel boundary. Density restriction will apply to a tax map parcel and does not restrict the number of units on a property.
C.
Short-term rentals, preexisting.
(1)
Property owners who operate a preexisting STR, as of the effective date of this section, shall have 60 days from such date to apply for a special use permit for a minor project from the Development Board.
(2)
Continued operation of a preexisting STR may occur so long as an application for special use permit is diligently pursued and until such time as approval, or approval with conditions, is granted by the Development Board and an STR permit is issued by the STR Permit Administrator.
(3)
Special use permit application fees shall be applied to preexisting STRs application fees for permit to operate. New STRs will be required to pay both special use permit and STR permit fees associated Procedures for notices for public hearings are outlined in § 106-20. Notices of public hearings required by this code shall be provided by Village publication in a newspaper of general circulation within the Village at least 10 days' prior to the hearing. Within the same time frame, a copy of the notice shall also be provided by the applicant by certified mail to all owners within 200 feet of the Tax Map parcel on which the applicant's project is proposed. Proof of certified mailing upon such individual property owners shall be provided to the Director before the public hearing is held. The applicant shall also post a conspicuous, waterproof copy of the notice at the site of the proposed project at least 10 days' prior to the date of the hearing.
(4)
To qualify as a preexisting STR, within 60 days of the effective date of this section, a property owner shall submit a complete a special use permit application and an STR permit application to the STR Permit Administrator and the following documentation:
(a)
A Franklin or Essex County certificate of authority to collect occupancy tax.
(b)
Proof of operation as a STR between January 31, 2022, and January 31, 2023.
(5)
Any property owner who fails to produce such documentation shall not qualify as a preexisting STR and shall cease operation until a special use permit is approved by the Development Board and an STR permit is issued by the STR Permit Administrator.
(6)
After a public hearing, the Development Board shall approve preexisting STRs, but shall have the authority to impose reasonable, site-specific conditions in addition to these regulations to address valid impacts. Any conditions shall be limited to reasonable measures required in order to minimize impacts on the neighborhoods where preexisting STRs are located.
D.
Short-term rental permit cap.
(1)
The Village of Saranac Lake Board of Trustees will set a maximum number of STR permits allowed during any given period, in order to protect the health and safety of the residents of the Village of Saranac Lake. The maximum number of new STR permits issued Village-wide between the effective date of this section and January 31, 2024, shall not exceed 10.
(2)
Separate caps will be established for hosted and un-hosted short-term rentals. The caps on available permits (not including those deemed to be pre-existing) shall be established without zoning district restrictions and may be reviewed annually by the Board of Trustees and the Development Board.
E.
General STR permit regulations.
(1)
All STRs shall conform with applicable sections of the Village Code, a special use permit, and the following regulations:
(a)
Camping. Camping is not permitted on properties where an STR is permitted.
(b)
Display. Permit must be displayed in the dwelling unit in a place where it is easily visible to the occupants. STRs shall have posted on or about the inside of the front or main door of each dwelling unit a card listing emergency contact information and house rules.
(c)
Noise. STRs must obey local noise ordinance.
(d)
Occupancy. The Code Enforcement Officer shall establish the maximum occupancy. The Code Enforcement Officer shall limit the number of occupants per the provisions of NYS Property Maintenance Code. Occupancy limits shall be strictly enforced by the owner.
(e)
Parking. Parking shall be allowed solely in approved off-street or legal on-street parking spaces.
(f)
Rental arbitrage. Rental arbitrage is not permitted on properties where an STR is permitted.
(g)
Rubbish and garbage. The owner is responsible for all refuse and garbage removal. Rubbish and garbage management and storage shall conform to § 106-96.
(h)
Signage. Exterior advertising signs are prohibited, however an STR may display one nonilluminated accessory use freestanding or wall sign not to exceed four square feet in area to identify the STR. The sign shall conform to the signage design standards.
(i)
Transfer. STR permits may not be assigned, pledged, sold, or otherwise transferred to any other persons, businesses, entities, or properties, except to a spouse, parent, or naturally born/legally adopted child or sibling. If a permitted property is sold, the new owners shall submit a completed STR permit application, and nonrefundable STR permit application fee to the STR Permit Administrator within 30 days of the date of new ownership to continue operation as an STR.
(j)
Validity. STR permits shall be valid for up to one year. An STR permit issued in any given year will expire on January 31 of the next calendar year. All renewal permits shall run from January 31 of the year of issuance to January 31 of the following calendar year. If the permit is not renewed by the expiration date, the STR will be operating without a permit and subject to fines outlined in the fine and fee schedule.
(k)
All new STR permits, whether hosted or un-hosted, shall be issued only to property owners whose primary residence is located within the Village of Saranac Lake, as demonstrated by proof of residency at the time of application, if available under the district cap.
F.
Application forms.
(1)
Application forms for an STR permit shall be developed by Village staff and authorized for implementation/revision by the Village Board.
G.
Fee.
(1)
A nonrefundable STR permit application fee shall be established by resolution of the Village of Saranac Lake Board of Trustees for each dwelling unit that functions as or contains at least one STR unit. Such permit fee shall be submitted with each new application and each annual renewal application. An application shall not be deemed complete unless the permit fee is received.
H.
Application process.
(1)
The initial application to operate an STR shall include both a special use permit application and an STR permit application submitted to the Director. The special use permit application will be reviewed by the Development Board. If the special use permit is approved, the STR permit application will be reviewed by the STR Permit Administrator. The two applications shall include the following:
(a)
Proof of ownership in the form of a deed or land contract.
(b)
Certificate of authority to collect occupancy tax. Copy of the corresponding Franklin or Essex County certificate of authority to collect occupancy tax.
(c)
Contact information. The names, addresses, email address(es), and day/night telephone numbers of the property owner(s), host or property manager. List the contacts in the order that should be contacted.
(d)
Description. A floor plan of each property, including the dimensions of all rooms, occupancy of each bedroom and the methods of ingress and egress (examples: doors and windows).
(e)
Site plan. The applicant shall submit a plan of the property showing approximate property boundaries and existing features, including buildings, structures, driveway, the number and location of parking spaces, dumpsters or garbage receptacle locations, firepits, streets and neighboring buildings within 10 feet of the property line.
(f)
Hosting platform information. Names and URLs for all hosting platforms (including, but not limited to, Airbnb, VRBO, etc.), websites, social media platforms (including, but not limited to, Facebook and Instagram) used by the applicant for advertisement of the STR. Any changes or additions to this information shall be reported on the renewal permit application.
(g)
House rules. A copy of the house rules that will be posted.
(h)
Water and sewer/septic. The source of the water and sewer/septic service shall be stated on the application and the permit. Sewer/septic systems shall be functioning. The type, size, and location of the septic system (if applicable) shall also be stated on the application.
(i)
For preexisting STR applications, submit proof of lawful operation as of January 31, 2023. Acceptable forms of proof include copies of occupancy tax payments, certificate of authority to collect occupancy tax, or a dated screen shot of listing on an advertising platform.
(j)
For new STR applications, submit proof of residency. Acceptable forms of proof are:
[1]
Copy of a license or state-issued ID;
[2]
Voter registration;
[3]
Tax return documentation.
(k)
Hosted short-term rental applicants shall sign an affidavit ensuring that the owner stays overnight during the entire term of each short-term rental of the property.
I.
Application review.
(1)
Upon receipt of the application and fee, the Director shall determine if the applicant has complied with all the requirements of this section, the Development Code, and any applicable federal, state, county, or sections. If the applicant has fully complied, then the Development Board may issue the property owner a special use permit for an STR after a public hearing. Based on the approval of such a special use permit, the STR Permit Administrator may issue a renewable STR permit. No more than one application for short-term rental new host-resident-owner will be permitted in a thirty-day period.
J.
Renewal permits.
(1)
A renewal permit application with the renewal application fee must be submitted to the STR Permit Administrator annually. Permit holders shall be able to apply for renewal permits from November 1 through January 15 and shall be allowed to continue to operate until a determination is made on their application. Any applicant who applies for an STR permit and did not hold a permit the immediate prior year, shall be considered an initial applicant and not a renewal applicant. The STR Permit Administrator may deny a renewal application based on noncompliance with the regulations contained in this section or conditions of the special use permit, or upon failure of a fire safety inspection in any aspect of that inspection. The STR Permit holder may appeal the denial to the Development Board.
(2)
When the primary residence of an approved short-term rental changes, the STR permit shall be void and shall not be eligible for renewal.
K.
Inspections.
(1)
No initial or renewal permits may be issued without all owners of the property signing an affidavit attesting to compliance with all required elements of the submitted application, and all fire, safety, and building codes, including, but not limited to;
(a)
There shall be one functioning smoke detector in each bedroom and at least one functioning smoke detector in at least one other room, one functioning fire extinguisher, in the kitchen and at each primary exit. At least one carbon monoxide detector is required if a source of combustion is present in the STR.
(b)
Exterior doors shall be operational, and all passageways to exterior doors shall be clear and unobstructed.
(c)
Electrical systems shall be serviceable with no visual defects or unsafe conditions.
(d)
All fireplaces, fireplace inserts or other fuel-burning heaters and furnaces shall be vented and properly installed.
(e)
Each bedroom shall have an exterior exit that opens directly to the outside, or an emergency escape or egress window.
(f)
GFIs must be present in all kitchens and bathrooms.
(2)
After issuance of a special use permit, the STR may be inspected by the Code Enforcement Officer to verify compliance with the New York State Uniform Fire Prevention and Building Code and all requirements of the special use permit. An STR which is not in compliance with conditions of the special use permit shall not receive an STR permit.
L.
House rules.
(1)
STR properties shall post for renters of each STR unit a listing of house rules. House rules shall include, at minimum, the following:
(a)
Camping. Camping is not permitted.
(b)
Commercial use. STR units shall not be permitted to be used for any other commercial use or commercial event space.
(c)
Contact information. The names, addresses, email address(es), and day/night telephone numbers of the property owner(s)/manager(s).
(d)
Description. An emergency exit egress plan and the location of fire extinguishers. Identification of the property lines and a statement emphasizing that unit occupants may be liable for illegal trespassing.
(e)
Fires. If allowed by the property owner, instructions for fires in indoor fireplaces or wood stoves. If not allowed by the property owner, a statement to that effect.
(f)
Noise. Noise shall be kept at a reasonable level. Unreasonably loud, disturbing, and unnecessary noise should not occur, including during quiet hours between 10:00 p.m. and 7:00 a.m.
(g)
Parking. Parking shall be allowed solely in approved off-street or legal on-street parking spaces.
(h)
Pool. If the property has a pool, hot tub, or other swimming appurtenance (hereafter pool), a clear list of requirements related to use of the pool, including explanation of the use of any required barriers, barrier latches, alarms, electrical disconnects, etc.
(i)
Rubbish and garbage. Identification of the procedures for disposal of rubbish and garbage.
M.
Complaints.
(1)
Complaints regarding noise of an STR shall be made to the Village of Saranac Lake Police Department.
(2)
Complaints regarding the operation of an STR shall be made in writing to the Code Enforcement Officer.
(3)
Upon receipt of a complaint of violation, the Code Enforcement Officer shall investigate to determine the presence of a violation. Upon finding that a violation was or is currently occurring, the Code Enforcement Officer shall issue a notice detailing the alleged violation(s) as determined in accordance with Village Code. Such notice shall also specify what corrective action is required, and the date by which action shall be taken. No renewal permit shall be issued until violation(s) are resolved.
N.
Penalties for offenses.
(1)
Operation of an STR without a permit will result in fines outlined in the fine and fee schedule. The Code Enforcement officer may bring a criminal or civil proceeding in Town Court for enforcement of this section.
O.
Severability.
(1)
If any part or provision of this section is judged invalid by any court of competent jurisdiction, such judgment shall be confined in application to the part or provision directly on which judgment shall have been rendered and shall not affect or impair the validity of the remainder of this section or the application thereof to other persons or circumstances. The Village hereby declares that it would have enacted the remainder of this section even without such part, provision, or application.
P.
Effective date.
(1)
This section shall become effective immediately upon its filing in the office of the New York Secretary of State pursuant to Section 27 of the Municipal Home Rule Law.