[HISTORY: Adopted by the Town Board of the Town of Sodus 8-8-2023 by L.L. No. 4-2023. Amendments noted where applicable.]
A. 
The purpose of this chapter is to impose mandatory regulations and requirements on all Town of Sodus property owners who want to rent their residential property on a short-term basis. With the increase in tourism over the past several years in the Town of Sodus and adjacent areas, there has been an increase in the number of property owners renting to tourists on a short-term basis. Many residents list their properties as short-term rentals on web-based booking sites, such as Airbnb and VRBO. Short-Term rentals offer many benefits to property owners and residents in our Town such as increased income; however, they also create potential health, safety, and quality of life detriments to the community. In recognition of the widespread popularity of short-term rentals and recognizing that many short-term rentals are already operating in the Town, the purpose of this chapter is to regulate the safety and use of short-term rentals in line with the goals of the Town of Sodus Comprehensive Plan.
B. 
The purpose of such regulations and requirements are to assure the properties being rented meet certain minimum safety and regulatory requirements which are proportional to those imposed on similar uses such as bed-and-breakfasts, inns, motels, and hotels thereby protecting the property owners, occupants of such housing and the residents of the Town of Sodus.
C. 
The use of a property for short-term residential rental use shall be strictly considered an accessory use to residential use of a single-family home and allowable only upon receipt of an operating permit for short-term rental in all zoning districts.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Code Enforcement Officer is authorized to issue revokable operating permits to property owners to use their single-family homes as short-term rentals according to the provisions of this chapter. A maximum number of 50 operating permits for short-term residential rental use shall be issued for the Town of Sodus.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Every new short-term rental is subject to permitting by the Code Enforcement Officer before commencing operation. An application for a short-term rental shall be completed on the form provided by the Code Enforcement Clerk and submitted to the Code Enforcement Office. The application shall be accompanied by payment of the application fee, operating permit fee and the inspection fee, as determined by the Town Board by separate resolution. The application shall provide the following documents and information:
A. 
A copy of the current vesting deed, showing how title to the subject property is then held.
B. 
A list of all owners of the short-term rental property including names, addresses, telephone numbers and email addresses.
C. 
A written consent letter signed by all persons and entities having ownership interest in the subject property allowing the Code Enforcement Officer to enter the short-term rental property to conduct a safety and compliance inspection along with a septic inspection.
D. 
The name, address, telephone number and email address of a contact person, who shall be responsible and authorized to act on the owner's behalf to ensure all rules and regulations are met by guests including noise, parking, and garbage disposal and will promptly respond to all complaints from the Town and public. The contact person may be the owner or an agent designated by the owner to serve as a contact person. The contact person must reside within the Town or within 40 miles of the Town.
E. 
The names and URLs for all hosting platforms or other advertising platforms used by the applicant for advertisement of the short-term rental unit on the application, such as, but not limited to, Airbnb, VRBO or other hosting websites, Facebook, Instagram, or other social media postings.
F. 
A copy of the proposed rental agreement.
G. 
A detailed site plan, drawn to scale, but need not to be prepared by a professional, showing:
(1) 
The location of buildings and property boundaries, including riparian lines;
(2) 
The required parking area;
(3) 
House dimension floor plans from the basement to the attic, if applicable, identifying house utilities, bedrooms and all rooms with exits, and windows;
(4) 
Number of people renting and where the people will be sleeping; and
(5) 
If not served by a public sewer, the location of the septic system and leach field.
H. 
A description of how garbage is to be removed from the property. The applicant is responsible for all refuse and garbage removal on a weekly basis. The applicant shall be responsible for removing garbage either a) through a contract with a refuse company or b) the owner or property manager shall remove the garbage following each rental. If there is a dumpster located on the property, the location of the dumpster shall be depicted on the site plan.
I. 
House rules. The applicant shall submit a copy of the house rules, which shall be conspicuously posted at the property for renters to follow. These house rules shall contain:
(1) 
An emergency exit plan.
(2) 
The locations of fire extinguishers.
(3) 
Identification of the property lines, including riparian lines if applicable, and a statement emphasizing that unit occupants may be liable for illegal trespassing if activities extend beyond the property boundaries.
(4) 
The procedures for disposal of refuse/garbage.
(5) 
Specification that no bonfires are permitted during NYS-designated no-burn periods. If allowed by the property owner, specify outdoor fires shall be made solely within a fireplace or pit.
(6) 
A statement that fireworks may not be used on the property.
(7) 
Instruction for fires, fireplaces or wood stoves, if allowed by the property owner. If not allowed by the property owner, a statement to that effect.
(8) 
A statement that outdoor camping and campers are not allowed on the property.
(9) 
Parking notice allowing parking only in the designated parking spaces with a diagram of the designated parking spaces.
(10) 
Adherence to noise limitations after 10:00 p.m. Noises normally associated with the use of a residence are permitted, i.e., crying babies.
(11) 
Instructions for use of boats, kayaks, and other water-related equipment and water safety information, if applicable.
J. 
A certificate of liability insurance.
K. 
An affidavit certifying the short-term rental unit is rated as a short-term rental and that the owner will maintain such insurance throughout the term of short-term rental permit.
L. 
An affidavit indicating that the mortgage holder, if any, has been notified of the use of the property as a short-term rental.
Safety and compliance inspections will be performed before the issuance of the initial permit, or prior to the issuance of a renewal permit following the adoption of this chapter, to ensure the short-term rental meets the following requirements:
A. 
No initial permit will be issued without compliance with application requirements.
B. 
The building shall have a house number legible from the street.
C. 
There shall be one functioning smoke detector in each sleeping room and at least one functioning smoke detector and a carbon monoxide detector in one other room, or as otherwise required by the NYS Building and Fire Code.
D. 
An ABC fire extinguisher shall be placed on each floor and in the kitchen.
E. 
The premises must comply with all applicable NYS Building and Fire Code regulations, as the same may be amended.
F. 
Exterior doors shall be operational and all passageways to exterior doors shall be clear and unobstructed.
G. 
Electrical systems shall be serviceable with no visual defects or unsafe conditions.
H. 
All fireplaces, fireplace inserts or other fuel-burning heaters and furnaces shall be vented and properly installed.
I. 
Each sleeping room shall have an exterior exit that opens directly to the outside, or an emergency escape or rescue window.
J. 
Short-term rentals with four or more bedrooms must have placards placed on the back of the bedroom door of each bedroom within the rental showing a clear exit route in case of emergency.
K. 
The number of sleeping rooms within the short-term rental unit must be confirmed by the Code Enforcement Officer.
(1) 
The maximum occupancy for each short-term rental shall be the smaller of:
(a) 
The maximum number of people allowed based on the septic inspection report, if applicable; or
(b) 
The number of people calculated on the basis of two persons per sleeping room (unless the room size is below 100 square feet), plus an additional two persons. For the purpose of calculating maximum occupancy, a sleeping room is defined as a fully enclosed habitable space meeting the requirements of this chapter of at least 70 square feet for one person and 100 square feet for two persons.
L. 
Short-term rentals are limited in occupancy to 12 persons. Any house that sleeps more than 12 people will not be considered a short-term rental and will be subject to the same rules and regulations as hotels/motels.
M. 
All parking for the short-term rental units must be on the parcel and clearly identified.
N. 
The name, address, telephone number and email address of a contact person located within 40 miles of the property, who shall be responsible and authorized to act on the owner's behalf to ensure compliance with all rules and regulations are met by guests including noise, parking and garbage disposal and will promptly respond to all complaints from the Town and public, will be conspicuously posted near the front door of the property.
O. 
The house rules and site plan drawing showing property boundary, including riparian lines if applicable, will be conspicuously posted near the front door of the property.
P. 
There shall be no exterior signs on the property, except as authorized by Chapter 135, Zoning.
Q. 
All short-term rental units must comply with all applicable local, state, and federal laws regarding accessibility by people with disabilities.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Residents operating short-term residential rentals without an operating permit shall have a grace period of one month from the effective date of this chapter to submit their application for an operating permit to the Code Enforcement Office. Existing permit holders that have compliance with this chapter as a condition of their operating permit shall also have a grace period of one month from the effective date of this chapter to submit their application to the Code Enforcement Office.
Complaints regarding the operation of a short-term rental should be first directed to the contact person for the property. In the event of an emergency, trespass or noise complaint, the police should be contacted. Complaints regarding the operation of a short-term rental made to the Code Enforcement Officer shall be in writing and must contain the name and address of the complainant. Complaints must be signed by the complainant and demonstrate that the contact person and, if appropriate, the police were contacted at the time of the alleged event to resolve a situation and, depending on the nature of the complaint, shall include photographs of the alleged violation. Frivolous complaints may be considered harassment in the second degree.
A. 
Upon receipt of a complaint of violation, the Code Enforcement Officer shall investigate to determine the presence of a violation, and upon finding to his/her satisfaction that a violation was or is currently occurring, he/she shall issue to the property owner and the local manager a notice detailing the alleged violation(s) as determined by the Code Enforcement Officer. Such notice shall also specify what corrective action is required of the property owner, and the date by which action shall be taken.
B. 
Notices required by this section shall be issued by the Code Enforcement Officer either by personal service to the property owner and/or the local manager, if applicable, or by certified mail to the address of the property owner and/or local manager as shown on the permit application.
C. 
If the landowner does not comply with corrective action by the date given by the Code Enforcement Officer, the Town of Sodus may initiate procedures to revoke the permit, or the Town of Sodus may begin a criminal action against the property owner or pursue any other relief permitted by law.
D. 
The Code Enforcement Officer shall refer any property owners believed to be in violation of this chapter to the Zoning Board of Appeals (ZBA). The ZBA shall determine whether the permit in question should be revoked. A revocation of a permit requires a public hearing by the ZBA. The referral to the ZBA may be made in addition to any other penalties permitted by law. Complaints, other than frivolous complaints, can lead to a denial of a renewal permit.
A. 
Each permit shall have a term of one year and must be renewed at the expiration of one year with the appropriate renewal fee, safety and compliance inspection, and septic inspection (if applicable). The renewal permit may be subject to denial if the property has a history of complaints, other than frivolous complaints.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
The short-term rental permit is not transferable and expires when ownership of the property changes from the owner/owners listed on the short-term rental permit.
C. 
Renewals must be applied for at least 30 days prior to the permit expiration.
D. 
Renewal applications must be accompanied by a renewal application fee as determined by the Town Board in a separate resolution.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A fee schedule shall be established by resolution of the Town Board. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of operating permits, firesafety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this chapter.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be unconstitutional or invalid, such decision shall not affect its remaining portions. The Town Board hereby declares it would have passed this chapter and each section and subsection thereof irrespective of the fact that any one or more of its sections, subsections, clauses, or phrases may be found by court to be unconstitutional or otherwise invalid.