Walden City Zoning Code
ARTICLE XIII
Short-Term Rentals
§ 305-83 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A duly appointed Building Inspector/Code Enforcement Officer of the Village of Walden authorized to enforce the New York State Building Code[1] and Village of Walden Code.
One or more rooms with provisions for cooking, living, sanitary and sleeping facilities for the use of one family.
Any single residential living space which is capable of housing one separate household unit, whether the structure or building or part within a multi-housing structure or building.
The immediate family of the owner of the housing unit consisting of the owner's spouse, children, parents, grandparents or grandchildren.
Any property owner or designated agent who offers a housing unit for short-term rental to persons other than members of his/her immediate family for a fee or compensation.
That short-term rentals shall be placed within RM-1, RM-2, B-2, B-3 and MX Zoning Districts, and one short-term rental per building or structure within these designated zoning districts.
There shall be only 10 short-term rentals to be placed within the incorporated Village of Walden at any one time. A property owner shall not possess more than one STR permit at any time Village-wide, except as set forth in § 305-85B(4).
A representative of a property owner or landlord who resides within the designated boundaries of Orange County as defined at the time of property registration. All resident agents must not be a corporation, limited-liability company or other similar entities.
A space in a building enclosed by partitions.
A permit granted by the Village Building Department for each use of property for short-term rentals for no longer than 100 days total per year.
Any housing or dwelling unit(s) which are occupied by persons other than the owner or his immediate family for which a fee compensation, monetary or otherwise, is received by the owner in exchange for such occupancy for a period of less than 30 days. Month-to-month tenancies, hotels, motels, inns or bed-and-breakfasts are not considered short-term rentals.
For the purpose of this article, "year" shall mean the Village of Walden's fiscal year, i.e, June 1 to May 31.
§ 305-84 Regulations and restrictions.
A.
Short-term rentals are only permitted in the following zoning districts: RM-1, RM-2, B-2, B-3 and MX zones in the Village.
B.
A total maximum of 10 permits per Village fiscal year are allowed.
C.
Subject to the limitations in § 305-85B(4), each zoning district may have a maximum of two permits per Village fiscal year unless the total permits issued Village-wide within 30 days of the Village fiscal year or due to renewal applications are less than 10, in which event, the number of permits allowed in a zone may be increased up to the maximum of 10 permits. Permits shall be issued on a first-come, first-served basis.
D.
All applications for a short-term rental permit must be submitted between June 1 and June 30 of each year. Upon receipt of an application, the Building Department shall contact the applicant for purposes of arranging the inspection required by this article of the Code. Failure to permit said inspection to occur shall result in the permit application being denied.
E.
The Building Department shall have up to 30 days to review and either approve or deny an application, which thirty-day period shall be measured to begin as of the first business day after receipt of the permit application.
F.
All short-term rentals permitted by this article shall be inspected by the Building Department at least every six months and a reinspection conducted between each occupancy.
G.
Once issued, permits are not transferrable.
H.
A short-term rental may not be rented for any other purpose, commercial or otherwise, such as concerts or weddings.
I.
A short-term rental may not be utilized for more than 100 days per year.
J.
All short term rental properties must be registered in accordance with § 305-85 hereof with the Village Building Department within 30 days of the effective date of this article and/or prior to the premises being used as a short-term rental. It shall be the responsibility of the property owner to register any short-term rental property as required by this chapter, and failure to do so shall constitute a violation of these regulations and is subject to the penalties set forth herein.
K.
No additional parking spaces may be constructed between the primary residential structure and the street. The following terms and conditions shall apply to all short-term rentals:
(1)
No illegal conduct shall be carried on at the short term rental property by the property owner, any short-term rental tenants, guests or invitees.
(2)
A tenant of the short-term rental is prohibited from subleasing or other licensing the use or occupancy of any portion of the short-term rental property.
(3)
The property owner and/or resident agent shall make all tenants aware of the Village's Noise Ordinance.[1] Any conduct in conflict with this ordinance or which is unreasonable under the circumstances and which disturbs the health, safety, peace or comfort of the neighborhood or which creates a public nuisance is prohibited.
(4)
All garbage, rubbish and, or recyclables shall be stored and placed by the curb and shall not be left stored in public view unless contained within proper container.
§ 305-85 Registration required.
A.
It shall be a violation of this article to offer or engage in short-term rentals unless the short-term rental property has been registered with, and short-term rental permit obtained from the Village Building Department as provided in this section.
B.
The registration of short-term rental property shall be accomplished by submitting a completed registration application on a form promulgated by the Village Building Department in accordance with the provisions of this section. Such form shall contain a minimum the following information:
(1)
The name, address, telephone number and email address of the record owner of the short-term rental property and any designated resident agency they may designate. Any designated resident agent must be physically located within a thirty-minute drive to the short-term rental in the event the need should arise for said agent to be contacted by the Village Building Department;
(2)
The maximum occupancy allowed in the short-term rental shall follow the state occupancy and applicable fire and building codes for the number of bedrooms. Further, no more than two adults per bedroom shall be permitted at any time;
(3)
No more than the maximum number of guests indicated in the permit shall be allowed in the short-term rental;
(4)
Only one short-term rental permit shall be allowed per property. Property owners who have more than one approved dwelling unit on the property may rent out up to two units as short-term rental under one permit; if available after the first round of permitting. The time to obtain the first permit will be from June 1 to June 30. If after 10 business days from such time there are still permits available, the owner may request a permit for a second unit;
(5)
The street address and Tax Map Number of the short-term rental property;
(6)
The total number of bedrooms in short-term rental property and number to be offered for rent if different from the total;
(7)
Applicable overnight and daytime occupancy limit of the short-term rental;
(8)
If the short-term rental property is not served by municipal water and sewer, it shall not be allowed to receive a permit for a short-term rental;
(9)
The permit application shall be accompanied by proof of liability insurance for the property with policy limits no less than $1,000,000 naming Village of Walden as additional insured.
C.
Upon submission of an application for a short-term rental permit, the property owner shall contact the Building Inspector to schedule an inspection of the short-term rental property. Upon payment by the property owner of such inspection and permit fees as prescribed in the Village's schedule of fees, the Building Inspector shall conduct an inspection of the short-term rental property to determine whether it complies with the Village Code and all applicable NYS Codes and to verify the occupancy limits of the structure.
D.
Upon completion of an inspection of the short-term rental property and ascertaining that the property meets the Village Code's requirements, the Building Inspector shall issue a registration for the property as a short-term rental and the property will then be eligible to apply for a short-term rental permit.
E.
Registration for short-term rentals shall remain in effect as long as there is no change in the record owner of the short-term rental property. Upon a change in ownership, the new owners of the short-term rental property shall be required to once again register it before offering it for short-term rentals.
F.
In the event that the Building Inspector denies an application to register short-term rental property, the property owner may appeal the denial to the Village Board within 30 days of issuance of notice of the denial to the property owner.
G.
Short-term rental registration may not be transferred to any other person or property, or used by anyone other than the person to whom it was issued.
H.
In the event that there is any change in the information provided by a property owner in his application for a short-term rental registration, he or she shall advise the Village Building Department in writing of such change no later than 48 hours after such occurrence. Failure to advise the Building Department of a change in the information provided by the property owner in his application shall constitute a violation of this article.
§ 305-86 Suspension or revocation of rental rights.
A.
It is the responsibility of the property owner to comply with all terms and provisions of this article and to ensure that short-term rental tenants, guests and invitees comply with this article and the terms and conditions of the short-term rental permit. Any failure of short-term rental tenants, guests and invitees to comply with this article and the terms and conditions of a short-term rental permit shall be attributed to the failure of the property owner to discharge his or her responsibility to ensure such compliance.
B.
Upon receipt of a complaint or upon his own initiative, the Building Inspector may investigate any property for failure to comply with the terms of this article.
C.
If, upon investigation, the Building Inspector determines that a violation of this article and/or of the terms and conditions of a short-term rental permit has occurred on short-term rental property, he shall issue a written notice of the violation to the property owner and shall provide a copy of the same to the Village Board.
D.
The Building Inspector may also issue a notice of suspension if it is determined any of the information contained within the permit application is false or if the short-term rental property is found at any time to be in violation of the NYS Building Code[1] or other aspect of the Village Code.
E.
Revocation and suspension notices shall be in writing, shall identify the property, shall specify the violation or remedial action to be taken and shall provide that said violation must be corrected within 10 days from the receipt of said violation unless otherwise extended by the Building Inspector. The property owner or resident agent shall take the remedial action prescribed or may file a written notice of appeal received by hand delivery or mail by the end of the identified period of remediation. The revocation or suspension of the short-term rental shall be stayed pending either a decision on the appeal by the Village Board or a finding by the Building Inspector that the remedial action is acceptable to correct the violation.
§ 305-87 Fees for registration and issuance of permits.
The Village Board shall set such application and permit fees as it may find appropriate for short-term rentals by resolution and such fees shall be listed in the Village's Schedule of Fees.
§ 305-88 Penalties for offenses.
A.
Violations of this article will constitute a municipal violation and will be subject to applicable penalties under this article. The penalties for violation of this article shall be in addition to any penalties imposed for violation of other provisions of the Village Code and/or the New York State Uniform Fire Prevention and Building Code,[1] and/or the New York State Energy Conservation Construction Code.
B.
Conviction of violation of the provisions of this article shall be punished by a fine of not more than $1,000 per violation for the first occurrence and $1,000 per day for subsequent offenses, and revocation of the short-term rental permit for a period not to exceed three years.
C.
If any fine is not paid in the time established by the court, it shall become a lien against the real property which was found in violation of this article and may be assessed and levied against such real property and collected in the same manner as real property taxes.
D.
The imposition of penalties herein prescribed shall not preclude the Village or any person from instituting appropriate legal action or proceeding to prevent unlawful short-term rental of property in violation of this article, including, without limitation, civil actions for injunctive relief to immediately terminate any existing short-term rental occupancy of buildings, land or premises.