[HISTORY: Adopted by the Board of Trustees of the Village
of Norwood 1-15-2019 by L.L. No.
2-2019.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Rental property — See Ch. 146.
[1]
Editor's Note: This local law was originally adopted as Ch.
146A but was renumbered to maintain the alphabetical organization
of the Code.
The Village of Norwood adopts the following bed-and-breakfast
chapter to provide for the orderly enforcement of regulations, limitations,
restrictions, and other requirements relating to the operation of
individual bed-and-breakfast establishments.
As used in this chapter, the following words and phrases shall
have the following meanings, unless the context clearly indicates
that a different meaning is intended:
Any owner-occupied residential structure providing accommodations
for a charge to the public consisting of no more than five guest rooms
with each room being limited to no more than two adult transient overnight
guests. The number of registered guests occupying the premises at
any one time shall not exceed 10. Guests may not lodge more than 14
consecutive nights. Only the breakfast meal may be provided to the
registered guests. The service of food to the public for a charge
is otherwise prohibited. Bed-and-breakfast establishments shall not
include motels, hotels, boardinghouses, or food service establishments.
Person or persons staying in a bed-and-breakfast establishment
guest unit overnight, but not to exceed 14 nights, and having a permanent
residence at an address other than the address of the bed-and-breakfast
establishment guest unit temporarily occupied. A bed-and-breakfast
guest may not stay overnight in any portion of the dwelling unit not
designated as a guest unit.
The owner of the bed-and-breakfast establishment, who is
required to reside in the bed-and-breakfast establishment.
A sleeping room or group of rooms within a residential dwelling
unit, forming a separate area, used or intended to be used for living
or sleeping, but not for cooking purposes, by no more than 10 transient
guests per night for a continuous period not in excess of 14 nights
per guest.
No person shall operate a bed-and-breakfast establishment without
first obtaining a license therefor as provided herein. Licenses shall
be issued by the Village Clerk for a period of one year from the date
of issuance, unless sooner revoked, and may thereafter be renewed
for successive one-year periods. No license shall be issued or renewed
until the building and facilities have been inspected and approved
by the Village to assure compliance with the standards set forth herein.
A.
Applications. Every person required to procure a license under the
provisions of this chapter shall submit an application for a license
to the Village Clerk.
(1)
Form. Each application shall be in a form prepared by the Village
Clerk.
(2)
Contents. The application for a bed-and-breakfast establishment license
shall set forth the following information:
(3)
Fees. The applicant shall pay at the time of filing an application
or a license a nonrefundable fee in the amount of __________.
(4)
Action on application. If the application and the proposed bed-and-breakfast
establishment appear to comply with all applicable requirements, the
Village Clerk shall issue the license. If the application does not
comply, or if it is incomplete, the Clerk shall return the application
to the applicant, with a written explanation of the reasons for the
return. A returned or rejected application may be amended and refiled.
(5)
Existing bed-and-breakfast establishments. All operators of existing
bed-and-breakfast establishments shall apply for a license within
60 days of the effective date of this chapter.
(6)
Licensee's duty to update. It shall be the responsibility of
every licensee who intends to increase the number of rooms rented
to the public during the term of an unexpired license to file an application
for that increase with the Village Clerk no later than 30 days prior
to offering the additional rooms for rent. The cost of such application
shall be _____ and is nonrefundable.
(7)
Posting of license. Any license issued under this chapter shall be
posted in the lobby or the entryway of each bed-and-breakfast establishment.
B.
License expiration and renewal. All licenses issued under this chapter
shall expire one year after issuance unless revoked or suspended prior
to expiration. Every operator of a bed-and-breakfast establishment
who wishes to continue to operate a bed-and-breakfast establishment
shall apply annually, no less than 45 days from the expiration of
their current license for a renewal of the license.
C.
Inspection.
(1)
Right of access. The Code Enforcement Officer shall be granted access
to any bed-and-breakfast establishment, upon 24 hours' prior
written notice delivered to the operator or licensee of the establishment,
for purposes of inspecting the premises to ensure compliance with
this chapter.
(2)
Guest registration records. The code enforcement officer shall be
provided access to any guest registration records maintained by the
operator or licensee for the purpose of determining the number of
rooms being rented to the public.
D.
Transferability. Any license issued under this chapter shall not
be transferable without the prior written approval of the Village
Clerk, upon written application or a form prepared and furnished by
the Clerk. Any proposed transferee shall be required to pay the fees
prescribed herein.
Bed-and-breakfast establishments, as defined in this chapter,
shall be permitted in single-family residential districts. No license
shall be issued unless the following standards are met:
A.
The building shall be in compliance with all applicable zoning, building,
fire, electrical and plumbing codes, as well as Sections AJ701.1 to
AJ701.4 of the Residential Code of the state for such use. All guest
rooms must conform to the New York State Uniform Fire Prevention and
Building Code requirements for habitable space.
B.
At the time of application for a license, a floor plan of the bed-and-breakfast
establishment shall be submitted to the Code Enforcement Officer for
approval, which shall indicate: the size of proposed building, exits,
location of emergency exit signage and lighting, fire alarms, smoke
and carbon monoxide detectors, and location of extinguishing devices.
C.
The size limitation for a guest unit shall be as follows: The guest
unit may not be less than _____ square feet for one guest and _____
square feet for two guests.
D.
One off-street parking space shall be provided for each authorized
guest unit, plus one additional off-street space for the owner.
E.
The property upon which the bed-and-breakfast operation is established
shall be the principal residence of the licensee. The use shall be
carried on by members of the licensee's family who reside on
the premises. The owner of the bed-and-breakfast must occupy the bed-and-breakfast
whenever bed-and-breakfast guests are present.
F.
The owner of a bed-and-breakfast establishment shall have liability
insurance coverage for bed-and-breakfast guests in the amount of at
least $1,000,000, and a copy of such insurance coverage shall be submitted
to the Village with the application for license or renewal of license.
G.
All signage must be reviewed and approved by the Village Board for
compliance with Village Code.
H.
Each bed-and-breakfast guest shall be provided individual soap and
clean individual bath cloths and towels. Clean bed linen in good repair
shall be provided for each guest who is provided accommodations and
shall be changed between guests and as often as necessary. Clean linen
shall be stored and handled in a sanitary manner.
I.
The serving of meals shall be limited to breakfast and afternoon
tea/snacks for overnight guests.
J.
A bathroom shall be provided on each floor used by guests for sleeping.
K.
No articles shall be sold or offered for sale to the public as part
of the bed-and-breakfast operation.
L.
The adequacy of the sewage system to handle increased flows shall
be certified by the Village Code Enforcement Officer.
M.
Proof of any required fire inspection by a fire company or recognized
firesafety personnel shall be available at all times.
N.
Any amenities, including, but not limited to, swimming pools and
tennis courts, shall be for the sole use of the residents and the
bed-and-breakfast guests.
A.
Applicability. This section applies to all licenses issued pursuant
to this chapter.
B.
Revocation or suspension of license. The Code Enforcement Officer
shall revoke or suspend a license for good cause, including but not
limited to:
(1)
Violation of this chapter;
(2)
Violation of any license conditions;
(3)
Violation of other Village ordinance;
(4)
Violation of any federal or state law;
(5)
Failure to comply with the applicable provisions of the New York
State Uniform Fire Prevention and Building Code; and/or
(6)
Falsehoods misrepresentations, or willful, substantial omissions
of material facts in the license application.
A.
Any person aggrieved by the action of the Village Clerk in the denial
of an application for a license, denial for a renewal, or in a decision
of the Village Clerk with reference to the suspension or revocation
of a license, shall have the right to appeal to the Village Board.
B.
Conduct of appeal. Such appeal shall be taken by filing, within 14
days after notice of the action complained of has been mailed to such
person's last known address, a written statement setting forth
fully the grounds for the appeal. The Village Board shall set a time
and place for a hearing on such appeal, and notice of the hearing
on such appeal shall be mailed to the applicant at his last known
address at least five days prior to the date set for the hearing.
C.
Decision on appeal. The decision and order of the Village Board on
such appeal shall be final and conclusive.
In addition to all other remedies and penalties provided by
this chapter and other local laws, the Village attorney may bring
suit in a court of competent jurisdiction to seek an injunction or
other appropriate relief, to halt any violation of this chapter. Such
action may include seeking a temporary restraining order or preliminary
injunction and other appropriate temporary relief. Nothing in this
chapter shall be deemed to restrict a suit for damages on behalf of
the Village or on behalf of any other person or entity.
The provisions of this chapter are severable. If any provision
of this chapter or its application to any person or circumstance is
held to be invalid, such invalidity shall not affect other provisions
or applications of this chapter which can be given effect without
the invalid provision or application.
In addition to the foregoing, any violation of any provision
of this chapter shall be an offense punishable by a fine not to exceed
$250 or imprisonment for a term not to exceed 15 days, or both. For
the purposes of this chapter, each week's continued existence
of a violation shall constitute a separate violation.
