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.
Short-term rentals, preexisting. See
§ 106-104.3B for detailed information.
Short-term rental permit cap. See
§ 106-104.3C for detailed information.
General STR permit regulations.
(1) All STRs shall conform with applicable sections of the Village Code, a
special 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.
Application forms.
(1) Application forms for an STR permit shall be developed by Village staff and authorized for implementation/revision by the Village Board.
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.
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 include a copy of a license or state-issued ID or voter registration.
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.
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.
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.
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.
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.
