Legislative intent. The purpose of this chapter is to control
and regulate the use of short-term rentals within the Town of Mendon.
The provisions of this chapter are intended to preserve and protect
the health, character, safety, and general welfare of the residential
neighborhoods where such uses may exist, in a manner that is consistent
with, and in furtherance of the Town Comprehensive Plan, including
to assure that the properties being rented meet certain minimum safety
requirements, as well as to protect against adverse impacts thereof,
including relative to the character of the neighborhoods in which
they are located, which are often residential, and otherwise to protect
against the adverse effects relating to noise, traffic, excessive
gathering of people and general disruption to Town residents. Understanding
that one is not constitutionally entitled to the most beneficial use
of their property, it is not the inherent right of a property owner
to rent their property on a short-term basis, rather a privilege.
In order that all short-term rentals be established and operated
consistently with the values of the Comprehensive Plan, and in the
best interests of the community, this chapter is hereby adopted and
shall be known as the "Short-Term Rental Local Law of the Town of
Mendon." Upon approval of this chapter by the Town Board, all short-term
rentals within the Town of Mendon will require an operating permit
in accordance with the provisions of this chapter.
Any words or terms not defined in this section are to have their
common meaning.
ADJACENT PROPERTIES
A.
Other than as defined in Subsection
B of this definition, properties, parcels, lots, or units that are contiguous, or abutting the subject STR, whether on the same side of the road, across the road, or behind the subject STR; and
B.
When the subject STR is a condominium unit or apartment that
is a portion of a building containing other units on multiple floors
with multiple condominium units on each floor, this shall mean all
units on the same floor as the subject STR and also those units adjoining
directly above and below the subject STR.
BED-AND-BREAKFAST DWELLING
An owner-occupied residence resulting from a conversion of a one-family dwelling, used for providing overnight accommodations and a morning meal to not more than 10 transient lodgers, and containing not more than five bedrooms for such lodgers. (See also "Bed-and-breakfast" in §
5-4.)
BOARDINGHOUSE
A building arranged or used for lodging for compensation,
with or without meals, and not occupied as a single-family unit.
HABITABLE SPACE
The spaces in a building for living, sleeping, eating, or cooking. Bathrooms, toilet rooms, closets, storage or utility spaces, garages, halls, and laundry rooms are not considered habitable spaces. (See also, "floor area, habitable" in §
5-4.)
HOSTED
The on-site presence of the owner at the property during
the duration of the rental period.
OWNER
Person(s) and/or entity(ies) that hold(s) legal and/or equitable
title to the property housing an STR.
RESPONSIBLE PERSON(S)
Owner of the property, or a person designated by the owner(s)
to act as an agent of owner. Said responsible person shall act as
a point of contact, and shall be capable of identifying existing and
predictable hazards in the surrounding property relating to conditions
which are a nuisance, unsanitary, hazardous, or dangerous to occupants,
and shall have authorization to take prompt corrective measures to
eliminate such conditions. The person shall be competent by way of
training and/or experience, be knowledgeable of applicable conditions
and standards, be capable of identifying hazards or unfavorable conditions
relating to the specific rental operation, and have the authority
to correct them. The responsible person shall respond promptly to
the Town and be responsible for ensuring compliance with this chapter.
SHORT-TERM RENTAL or STR
Any dwelling or portion of real property rented for compensation
in exchange for lodging for a period of not less than one day and
not more than 30 consecutive days. For the purpose of this chapter,
the term "short-term rental" shall not include a bed-and-breakfast,
boarding/lodging house, hotel, motel, sites at campgrounds or ongoing
month-to-month tenancies.
Short-term rental permits are subject to continued compliance
with the requirements of these regulations.
A. 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
B. The owner or responsible person shall ensure that information contained
on the permit is current and accurate, and shall notify the Code Enforcement
Officer immediately of any change in such information. The Code Enforcement
Officer shall issue an amended permit containing such updated information,
and the owner or responsible person shall immediately post the amended
permit inside and near the front entrance of the short-term rental.
C. The short-term rental permit holder shall conspicuously display the
short-term rental permit number in all advertisements for the applicable
short-term rental.
Renewal permits will be granted for up to an additional two-year
term, for a fee as determined from time to time by the Town Board.
All renewals shall meet the following conditions:
A. Application for renewal of the short-term rental permit shall be
made 30 days prior to expiration of the current permit and requires
a nonrefundable payment of the renewal fee.
B. The STR is subject to and shall have a property maintenance and fire
safety inspection performed by the Code Enforcement Officer within
the past 24 months.
C. Any violations shall be remedied prior to renewal of a permit for
short-term rental.
D. A public hearing regarding the Town Board's review and reapproval,
in which the property owner or designee's attendance is mandatory.
The property owner is entitled to appeal the Code Enforcement Officer's determination to the Zoning Board of Appeals in accordance with Town Code (§
260-92).
Should any word, section, clause, paragraph, sentence, part
or provision of this chapter be declared invalid by a court of competent
jurisdiction, such determination shall not affect the validity of
any other part hereof.
All other ordinances or local laws of the Town of Mendon which
are in conflict with the provisions of this chapter are hereby superseded
or repealed to the extent necessary to give this chapter force and
effect during its effective period.
This chapter will take effect upon filing in the office of the
New York State Secretary of State. Notwithstanding the foregoing,
those properties with short-term rental commitments existing on the
date this chapter takes effect shall be permitted to honor such existing
commitments and continue to make commitments for short-term rentals
but must apply, within 30 days of the effective date, for all future
short-term rental commitments. In the event such application is denied,
all commitments must be canceled.