[HISTORY: Adopted by the Town Board of the Town of Lenox 11-13-2023 by L.L. No.
8-2023. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any portion of real property rented for compensation in exchange
for lodging for a period of 31 consecutive days or less. This may
include campgrounds, tent sites or tent platforms and other temporary
structures on the parcel. For the purpose of this chapter, the term
"short-term rental" shall not include a bed-and-breakfast, boarding/lodging
house, hotel, motel, or ongoing month-to-month tenancies.
A.
The presence of the following shall create a presumption that all
or a part of the property is being used as a short-term rental:
(1)
Where all or a part of the property is offered for lease on a short-term
rental website, including but not limited to Airbnb, Home Away and
VRBO, for a rental period of 31 days or less; and/or
(2)
Where all or a part of the property is offered for lease for a period
of 31 days or less through any form of advertising.
B.
The foregoing presumptions may be rebutted by evidence presented
to the Code Enforcement Officer that the premises is not operated
as a short-term rental.
A.
Owners shall not use their property as a short-term rental without
being registered with Madison County for purposes of occupancy tax
registration and the Town of Lenox to obtain a revocable short-term
rental permit/license.
B.
A short-term rental permit/license shall be valid for two years and
must be renewed 45 days' prior to expiration of the current permit/license
if the premises are to continue to operate as a short-term rental.
C.
The short-term rental permit/license is not transferable to a new
owner. The new owner of the premises subject to a short-term rental
permit/license must file a new permit/license application and be granted
a short-term rental permit/license.
D.
Notwithstanding the foregoing, those properties with short-term rental
commitments existing on the date this section takes effect shall be
permitted to honor such existing commitments and continue to make
commitments for short-term rentals but must apply for a permit/license
within 120 days of this chapter's effective date for all future
short-term rental commitments. In the event such an application is
denied, all commitments shall be cancelled.
A.
Applications for a short-term rental permit/license may be obtained
from the Town of Lenox Code Enforcement Officer. Short-term rental
permits shall be submitted to the Code Enforcement Officer, accompanied
by payment of a nonrefundable permit/license fee to be determined
from time to time by resolution of the Town Board. The application
shall include the following:
(1)
The signatures of all owners or their designated agents.
(2)
A statement authorizing the Code Enforcement Officer and/or Fire
Marshal to inspect the property to ensure compliance with all requirements
and standards contained within this chapter.
(3)
An acknowledgement of present and ongoing compliance with the short-term
rental standards as defined in this chapter, including, but not limited
to, the demonstration of adequate off-road parking spaces for the
proposed short-term rental.
(4)
A list of each property owner and the name of any manager or management
agency managing the property, including names, addresses, telephone
numbers (24 hours a day, seven days a week) and email addresses of
each.
(5)
The name, address, telephone number and email address of a contact
person who shall be responsible and authorized to act on the owners'
behalf to promptly remedy any violation of the standards outlined
in this section. The contact person may be an owner or an agent within
one hour driving time from the short-term rental designated by the
owner(s) to serve as a contact person and shall respond to any minor
correspondence or concern (written or verbal) from the Town Code Enforcement
Officer within 24 hours. Serious concerns shall be addressed immediately.
(6)
An accurate suitable floor plan for each level of the dwelling that
can be occupied measuring at least 8.5 inches by 11 inches, drawn
to scale and certified by the applicant. The floor plan does not need
to be prepared by a licensed professional but must include the following:
(a)
The location of buildings and required and proposed parking.
(b)
Basement: location of house utilities and all rooms, including
bedrooms, windows, exits and any heating/cooling units.
(c)
First floor: all rooms, including bedrooms, windows, exits and
any heating/cooling units.
(d)
Second floor: all rooms, including bedrooms, windows, exits
and any heating/cooling units.
(e)
Attic (if present): all rooms, including bedrooms, windows,
exits and any heating/cooling units.
(7)
A statement that none of the owners of the subject property have
had a short-term rental permit/license revoked within the previous
year for any rental properties owned individually or together with
others at any location.
B.
All completed applications are subject to a floor plan review and
approval by the Code Enforcement Officer.
C.
Owners wishing to apply for a variance relating to sleeping capacity,
parking capacity, or other standards stated below must petition to
the Zoning Board of Appeals. Variance applications will be reviewed
by the Zoning Board of Appeals in accordance with the Town's
Zoning Code and Town Law § 276-a.
A.
Property requirements.
(1)
Property must comply and meet all current NYS Uniform Fire Prevention
and Building Code, as amended.
(2)
There shall be one working smoke detector in each sleeping room and
one additional smoke detector on each floor. Carbon monoxide detectors
shall be installed as required by the New York State Uniform Fire
Prevention and Building Code.
(3)
Evacuation procedures must be posted in each sleeping room 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.
(4)
There shall be an ABC fire extinguisher installed per code on each
floor and in the kitchen. Fire extinguishers shall be inspected prior
to a renter occupying the property and no less than monthly by the
permit/license holder(s) to ensure each contains a full charge. A
record of the date inspected initialed by the permit/license holder
shall be maintained and made available to the Code Enforcement Officer
upon request.
(5)
The house number shall be located both at the road and on the dwelling
unit so that the house number is clearly visible from both the road
and the driveway.
(6)
Exterior doors shall be operational and all passageways to exterior
doors shall be clear and unobstructed.
(7)
Electrical systems shall be in good operating condition, labeled,
unobstructed and shall be visible for the Code Enforcement Officer
during the permitting process and subsequent inspections. Any defects
found shall be corrected prior to permit/license issuance.
(8)
All fireplaces shall comply with all applicable laws and regulations.
(9)
The property must have a minimum of one off-road parking space for
every bedroom shown on the floor plan included with the application.
Renters shall utilize on-site parking during their stay.
(10)
Maximum occupancy for each short-term rental unit shall not
exceed two people per bedroom shown on the floor plan included with
the application and two people per minimum full-size convertible sleeping
accommodation furniture (i.e., futon, hide-a-bed) also identified
on the floor plan. The maximum occupancy of a short-term rental unit
shall not exceed 12 people, including permanent residents and renters.
(11)
In the event that the property has a private septic system,
the maximum occupancy shall be defined by the capabilities of the
septic system but in no event shall overnight occupancy for any short-term
rental unit exceed 12 people total.
(12)
A septic system at the property must meet all state requirements.
(13)
If a private sewer, the septic system shall have been pumped
within the past four years, and proof of pumping and satisfactory
inspection by a qualified septic disposal firm shall be available
to the Code Enforcement Officer. Proof of adequate capacity shall
be submitted to the Code Enforcement Officer. Once a short-term rental
permit/license is issued, the septic system must be pumped at least
once every four years.
(14)
The water supply to the property shall meet all state requirements.
(15)
One static sign identifying the short-term rental shall be allowed,
measuring no more than six square feet on a side. The sign may be
double-sided but shall not be internally lighted. The location, design
and dimensions of the sign shall be reviewed and approved by the Code
Enforcement Officer prior to issuance of the permit. If signage is
desired after a permit/license has been issued, the short-term rental
permit/license holder must submit a request for review and approval
to the Code Enforcement Officer prior to installation. If the property
has vehicular access on more than one road, there may be one sign
fronting on each road.
B.
Insurance standards. All applicants and permit/license holders must
provide evidence of property insurance and a certificate of liability
insurances indicating the premises is rated as a short-term rental
and maintain such insurance throughout the term of the short-term
rental permit.
C.
Provisions shall be made for weekly garbage removal during rental
periods. Garbage containers shall be always secured with tight-fitting
covers to prevent leakage, spilling or odors, and placed where they
are not clearly visible from the road except at approximate pick-up
time.
D.
Rental contract. All applicants and permit/license holders shall
have a rental contract, which includes the following:
(1)
Maximum property occupancy.
(2)
Maximum on-site parking provided; and on-street parking is prohibited.
(3)
Good neighbor statement providing:
(a)
The short-term rental is in a residential area in the Town of
Lenox, and renters must be considerate of the residents in neighboring
homes.
(b)
Guests are required to observe quiet hours from 11:00 p.m. through
7:00 a.m.
(c)
All renters will be subject to New York Penal Law § 240.20
or any successor statute regarding disorderly conduct.
(d)
Littering is illegal; and failure to dispose of pet waste properly
(if applicable) is prohibited.
(e)
Recreational campfires must be attended and not disturbing the
neighbors from size or smoke. Bonfires are not permitted.
A.
Short-term rental permit/license applications shall be filed with
the Town of Lenox Code Enforcement Officer with all supporting documentation
and the nonrefundable permit/license fee. Only completed applications
will be accepted by the Town's Code Enforcement Officer. The
Code Enforcement Officer may decline to accept an application for
consideration for any of the following reasons:
(1)
Proof of being registered with Madison County for occupancy tax purposes
was not provided.
(2)
The application documentation required by this section was not included
or the full permit/license fee was not paid.
(3)
A previously issued short-term rental permit/license was revoked
within the past year, and defects and/or violations have not been
corrected and inspected by the Code Enforcement Officer.
B.
Upon receipt of a completed short-term rental permit/license application,
adjacent property owners of the short-term rental will be notified
of the application by the Town of Lenox via post card or email.
C.
Upon the Code Enforcement Officer's acceptance of the completed
permit/license application, all documents and information required
by this section and the permit/license fee, the Code Enforcement Officer
shall have 30 days to conduct a property inspection to verify and
approve that all short-term rental requirements have been met.
D.
Upon approval of the short-term rental application by the Code Enforcement
Officer, a short-term rental permit/license will be issued. Short-term
rental permits issued pursuant to this section shall state the following:
(1)
The names, addresses and phone numbers of each person or entity that
has an ownership interest in the short-term rental property.
(2)
The name, address and phone number of a primary contact person who
shall be available during the entire time the short-term rental property
is being rented.
(3)
The maximum occupancy and vehicle limits for the short-term rental
property.
(4)
Identification of the number of and location of parking spaces available.
(5)
Any conditions imposed by the Zoning Board of Appeals and/or Code
Enforcement Officer.
A.
Short-term rental permits are subject to continued compliance with
the requirements of these regulations.
(1)
If the Code Enforcement Officer has probable cause to believe that
the homeowner is not in compliance with the provisions of this chapter,
the Code Enforcement Officer may request permission from an owner
of the short-term rental permit/license to enter the premises and
to conduct an inspection of the short-term rental property for purposes
of ensuring compliance with this section. If the property owner refuses
to permit/license the Code Enforcement Officer to inspect the property,
the permit/license will be revoked. If an inspection authorized herein
is conducted, the Code Enforcement Officer shall use the results of
such inspection in determining whether to revoke the permit.
(2)
The short-term rental permit, maximum occupancy limit, maximum parking,
contact form and standards shall be prominently displayed inside and
near the front entrance of the short-term rental; and
(3)
The short-term rental permit/license holder shall ensure that current
and accurate information is provided to the Code Enforcement Officer
and that they notify the Code Enforcement Officer immediately of any
change in the information displayed on the permit. If, based on such
changes, the Code Enforcement Officer issues an amended short-term
rental permit, the owners must immediately post the amended permit/license
inside and near the front entrance of the short-term rental.
(4)
The short-term rental permit/license holder must conspicuously display
the short-term rental permit/license number in all advertisements
for the applicable short-term rental.
A.
Violations of this section or of any short-term rental permit/license
issued pursuant to this section shall be subject to enforcement and
penalties prescribed in this chapter.
B.
If the Code Enforcement Officer either witnesses or receives a written
complaint of an alleged violation of this chapter or of any short-term
rental permit/license issued pursuant to this chapter, the Code Enforcement
Officer shall promptly record such complaint and immediately investigate
the report thereon. If the Code Enforcement Officer determines there
is a violation of this chapter, the owners and/or contact agent shall
be notified, in writing, by first-class mail and certified return
receipt mail, of said violations, and the Code Enforcement Officer
may take any or all the following actions:
(1)
Attach conditions to the existing short-term rental permit.
(2)
Suspend the short-term rental permit. The notice of suspension shall
be provided to the property owner and a copy filed with the Town Clerk.
(3)
Require corrective action that remedies the violation(s). The corrective
action must be completed and approved within 30 days of notice from
the Code Enforcement Officer, or the owner risks revocation of the
short-term rental permit.
(4)
Issue a court appearance ticket for violation of this chapter.
(5)
Revoke the short-term rental permit. Should a permit/license be revoked,
all owners of the short-term rental are prohibited from obtaining
a short-term rental permit/license on the property for one year after
the date of revocation. The Code Enforcement Officer shall send notices
of revocation to property owners, Madison County, and shall file a
copy with the Town Clerk.
Renewal permits will be granted for an additional two-year term
if the following conditions are met:
A.
Application for renewal of the short-term rental permit/license shall
be made at least 45 days' prior to expiration of current permit/license
and requires payment of renewal fee.
B.
At the time of application for renewal, the owner or designated agent
shall present the previous permit/license for short-term rental.
C.
The property shall have undergone an inspection performed by the
Code Enforcement Officer.
D.
Any violations shall be remedied prior to renewal of a permit/license
for short-term rental.
A.
The Code Enforcement Officer may immediately suspend or revoke a
short-term rental permit/license based on severity of any of the following
grounds:
(1)
Applicant has falsified or failed to provide information in the application
for a permit/license or the application for permit/license renewal.
(2)
Applicant has failed to meet or comply with any of the requirements
of this chapter.
(3)
The owner is in violation of any provision of the Code of the Town
of Lenox related to the premises.
(4)
The owner has violated any provision of the Penal Code of the State
of New York, which violation occurred at, or related to the occupancy
of, the short-term rental.
(5)
Any conduct on the premises which disturbs the health, safety, peace,
or comfort of the neighborhood or which otherwise creates a public
nuisance.
(6)
Removal or disrepair of any safety devices, such as, but not limited
to, smoke and carbon monoxide detectors, fire extinguishers and egresses.
The property owner is entitled to appeal the Code Enforcement
Officer's determination to the Zoning Board of Appeals when a
property owner's application for a short-term rental permit/license
or a short-term rental permit/license renewal is denied or a short-term
rental permit/license is revoked. A notice of appeal must be filed
with the Town Clerk and the Zoning Board of Appeals within 60 days
of the Code Enforcement Officer's filing of the denial or revocation
with the Town Clerk. A hearing shall be held by the Zoning Board of
Appeals not more than 45 days after the filing of the notice of appeal.
The Town Board of the Town of Lenox has determined that it is
reasonable to allow established illegal short-term rentals to be provided
with sufficient time to comply with this chapter. Therefore, a period
of four months is hereby established for any existing short-term rental
to obtain the permit/license to continue as a short-term rental property.
No portion of this section shall be deemed to provide for a right
to establish a short-term rental on site. Further, the Town Board
has determined that utilization of any property in the Town of Lenox
prior to the adoption of this chapter does not establish a preexisting
legal nonconforming use or business under the Town's Zoning Law
or the Town of Lenox Code.
Any violation of the provisions of this chapter shall constitute
a misdemeanor punishable by a maximum fine of $1,000 or by imprisonment
for not more than six months, or by both such fine and imprisonment.
Each day of continued violation shall constitute a separate and additional
offense.
If the provisions of any article, section, subsection, paragraph,
subdivision or clause of this chapter shall be judged invalid by a
court of competent jurisdiction, such order of judgment shall not
affect or invalidate the remainder of any article, section, subsection,
paragraph, subdivision or clause of this chapter.
This chapter shall take effect upon enactment by the Town of
Lenox Town Board.
