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.
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.
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.
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: see
§ 106-104.3H(1) for a list of requirements.
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.
(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.
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.
