It is recognized that short-term rentals can benefit the Village by attracting visitors to the Village who in turn may provide additional income to the Village residents and businesses. It is also recognized that short-term rentals may be incompatible with the sense of privacy, community, stability, and ambience in residential neighborhoods. Therefore, the Village wishes to impose reasonable restrictions and restrictions on short-term rentals to promote the general health, welfare, and safety of the residents in the Village.
[HISTORY: Adopted by the Board of Trustees of the Village of Victor 10-20-2025 by L.L. No. 6-2025. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meaning indicated:
Any natural person owning real property who does not reside on the rental property. All absentee landlords must be natural persons and not corporations, limited liability companies or other similar entities.
A complete self-contained residential unit for habitation by one family only, and containing one or more rooms and facilities for living, including cooking, sleeping and sanitary needs.
The immediate family of the owner of a housing unit consists of the owner's spouse, children, parents, grandparents or grandchildren.
Any natural person owning real property or resident agent who offers a housing unit for occupancy to persons other than members of his immediate family in exchange for a fee or compensation, whether monetary or otherwise. All landlords of short term rental property must be natural persons and not corporations, limited liability companies or other similar entities.
A natural person designated by a landlord or absentee landlord who resides within the designated boundaries of Ontario County. All resident agents must be natural persons and not corporations, limited liability companies or other similar entities. A resident agent must be able to respond to the short-term rental within one hour of notification by the Village.
Any or all portions of a dwelling rented for compensation in exchange for lodging for a period of not more than 31 consecutive days. For the purpose of this chapter, the term "short-term rental" shall not include a use within the definitions of "bed-and-breakfast," "hotel," or "motel" as commonly defined, or as defined in Chapter 170, Zoning.
Any deficiency in a structure or housing unit that does not meet the standards of Chapter 11, Building Code Enforcement, as amended.
A.
The presence of the following shall create a presumption that all or a part of a property is being used as a short-term rental:
(1)
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 less than 31 days; and/or
(2)
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 as defined above.
A.
A temporary short-term rental permit may be granted for a short-term rental in accordance with this chapter (hereinafter referred to as the "permit" or "short-term rental permit"). In the event the property is either sold or otherwise transferred, the permit will become null and void. Upon the transfer of ownership of a property that is subject to a short-term rental permit, the new owner of the premises subject to a short-term rental permit must file a new permit application in order to continue to operate as a short-term rental.
B.
Owners shall not use their property as a short-term rental without obtaining a revocable short-term rental permit.
C.
All landlords and resident agents must register and obtain a permit from the Village of Victor within 30 days of the effective date of this chapter and/or before any housing or dwelling unit is utilized as a short-term rental. Initial registration will begin within 30 days after this chapter becomes effective. It is the responsibility of the landlord or resident agent to register any short-term rental as required by this chapter, and failure to do so shall constitute a violation of these regulations and is subject to the penalties set forth herein. All absentee landlords must have a resident agent for all short-term rentals. Any substandard condition identified during an inspection must be corrected by the landlord before a permit may be issued.
D.
A short-term rental permit shall be valid for one year, unless sooner revoked, and must be renewed 30 days prior to expiration of current permit if the premises is to continue to operate as a short-term rental.
E.
It shall be unlawful for any person, landlord or absentee landlord to rent or offer to rent a short-term rental within the Village of Victor without first registering the property and obtaining a short-term rental permit.
F.
It shall be unlawful for any person, landlord or absentee landlord to rent or offer to rent any portion of a residential lot or use accessory thereto, including but not limited to pools, yards, tents, driveways, or backyards, without also renting the exclusive right of occupancy for the principal dwelling located on the lot pursuant to this chapter.
G.
No short-term rental contract shall be for a term of less than two overnights.
A.
Applications for a short-term rental permit may be obtained from the Village of Victor Code Enforcement Officer. Short-term rental permit applications shall be submitted to the Code Enforcement Officer, on an approved form, accompanied by payment of a non-refundable permit fee in an amount established from time to time by resolution of the Board of Trustees.
B.
Owners wishing to apply for a variance relating to maximum occupancy/capacity, parking capacity, or other standards stated below must apply to the Zoning Board of Appeals. Variance applications will be reviewed by the Zoning Board of Appeals in accordance with Chapter 170, Zoning, § 170-46, of the Village Code.
A.
Property requirements. The operation of a short-term rental property is a privilege and not a right.
(1)
No more than one dwelling unit on a property may be used as a short-term rental property.
(2)
Property must comply with and meet all current NYS Uniform Building Codes, including all requirements for rental properties, and all Village of Victor Zoning Code regulations.
(3)
Fire safety. An initial inspection to ensure compliance with the NYS Uniform Building Codes of New York State shall be required prior to issuance of a short-term rental permit, and a follow-up inspection shall be required annually. Inspection fees shall be set from time to time, according to a fee schedule adopted by the Board of Trustees and noted in a schedule to be maintained by the Village Clerk. In addition to any requirements of the Uniform Building Codes of New York State, the following standards shall be met:
(a)
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.
(b)
There shall be 10# ABC fire extinguisher on each floor and in the kitchen, and within 10 feet of any fireplace, fire pit, outdoor fire feature or outdoor grill.
(4)
Maximum occupancy for each short-term rental unit shall not exceed what is permitted by the NYS Uniform Building Codes. In no case shall the maximum occupancy of a short-term rental exceed 12 people at any point, including permanent residents, renters, and visitors.
(5)
The property must have a minimum of one off-road parking space for every bedroom shown on the floor plan included with the application. If a camper or trailer is located on-site, that shall be considered a vehicle for this type of use, requiring and using one or more off-road parking spaces. The camper shall not be occupied. Vehicles shall be parked in the designated on-site parking areas and shall not be parked on the street.
(6)
No events such as, but not limited to, weddings or parties are permitted in or on a short-term rental property.
(7)
No signage identifying the short-term rental shall be permitted.
(8)
Lighting specifications shall be provided to the Code Enforcement Officer, and must be limited to 0.1 footcandle at the property line so no off-site glare will result. Any wall pack fixtures shall include nonglare shields.
B.
Insurance standards. All applicants and permit holders must provide evidence of property insurance and a certificate of liability insurance indicating the premises is rated as a short-term rental and maintain such insurance throughout the term of the short-term rental permit, with limits in an amount of no less than $1,000,000.
D.
Remote digital monitoring of occupancy. Where a short-term rental is rented or intended to be rented during periods when the manager is not residing on-site, the exterior of the site shall be digitally monitored by the resident agent, landlord, and/or absentee landlord to ensure compliance with the maximum number of allowable guests and visitors entering the premises, and to provide evidence to the Building Inspector of such compliance should he or she need to investigate complaints. Digital monitoring shall include outdoor cameras adequate in number, location and view angle to monitor all arrivals and departures at the property. Digital video recordings shall be taken during times when the property is rented and kept for a minimum of 30 days, and copies shall be provided to the Village upon request. Notice of locations and purpose of cameras shall be provided to renters as well as disclosure of audio recording, if any.
E.
Rental contract. All applicants and permit holders must have a rental contract, which includes the following:
(1)
Maximum property occupancy;
(2)
Maximum on-site parking provided; and
(3)
Good neighbor statement providing renters and guests with pertinent information including the following:
(a)
The short-term rental is in a residential area in the Village of Victor and that renters and their guests shall be considerate of the residents in neighboring homes;
(b)
Sound that is audible beyond the property boundaries during nonquiet hours shall not be more excessive than would be otherwise associated with a residential area. Renters and their guests or their invitees shall not engage in any conduct which violates Chapter 103, Noise, of the Village Code, or which would otherwise constitute disorderly conduct to or creation of a public nuisance, including but not limited to the playing of music or movies that can be heard from the property line;
(c)
Littering is illegal;
(d)
Renters and their guests or invitees shall not block or otherwise impede ingress or egress over the street on which the short-term rental property is located and/or to or from any driveways of other property;
(e)
Vehicles shall be parked in the designated on-site parking areas and shall not be parked on the street; and
(f)
Notice of locations and purpose of cameras shall be provided to renters as well as disclosure of audio recording, if any.
F.
Leaseholders and tenants may not engage in short-term rentals without express written consent by the property owner.
G.
Multiple permit eligibility. A landlord or absentee landlord may hold no more than one short-term rental in the Village for a probationary period of 36 months from first permit issuance unless they have been a full-time resident and property owner in the Village for at least three years. After the probationary period, a permit holder may apply for one additional permit per year so long as there have been no revocations or denials of renewal of any permits held by the permit holder within the preceding 24 months. No more than two permits may be issued to a landlord or absentee landlord.
H.
Designated resident agent required. The resident agent for a short-term rental shall be required to execute the following responsibilities:
(1)
Notify the Building Department of any designation of an individual as the resident agent under this section, including a statement of the resident agent's tenure, residential and business addresses, and telephone numbers, and notify the Building Department of any change in the resident agent's addresses or telephone numbers.
(2)
Be accessible to guests, neighbors, and Village or county agencies at any time that the short-term rental is being leased. For purposes of this section, "accessible" means being able to answer the telephone at all times, being able to be physically present at the short-term rental home within one hour following a request by the Village Code Enforcement Officer, New York State Police, or Ontario County Sheriff's Office.
(3)
Ensure compliance with Ontario County Department of Health regulations, this chapter, permit conditions, and all other applicable laws and regulations.
(4)
Enforce short-term rental policies.
(5)
Collect all rental fees.
A.
Short-term rental permit applications shall be filed with the Village of Victor Building Department with all supporting documentation and the non-refundable permit fee. Only completed applications will be accepted by the Village's Code Enforcement Officer. The Code Enforcement Officer may decline to accept an application for consideration for any of the following reasons:
B.
Upon receipt of a completed short-term rental permit application, property owners within 300 feet of the short-term rental property will be notified of the application by the Village of Victor via first-class mail. The cost of mailing all notices shall be charged to the applicant.
C.
Upon receipt of an application for the issuance of a permit for which an objection has been received by the Code Enforcement Officer, the Planning Board shall schedule a public hearing on the permit application at a regularly scheduled Planning Board meeting, no less than 14 days and no more than 45 days from receipt of the objection. The Planning Board shall mail notice of the hearing, via first-class mail, with delivery confirmation notice. The cost of mailing all notices shall be charged to the applicant. Proof of the required mailings must be provided to the Village Clerk prior to the public hearing.
(1)
In determining whether to authorize the permit to be issued, the Planning Board shall consider the information in the application, the testimony of the Building Inspector, the testimony of the application and the testimony of any objecting neighbors and the applicant, and shall authorize the permit where it finds the following standards are met:
(a)
Adequate parking facilities are provided to meet the parking requirement of two off-street parking spaces which are provided in a manner that does not impact the residential character of the neighborhood.
(b)
If new construction or expansion is proposed, the size of the structure proposed for this use must be generally consistent with residences located within 500 feet, or it is so situated to not be seen as inconsistent with the appearance of other area residences as viewed from any public street or public park.
(c)
The structure and lot conform to the requirements of Chapter 170 (Zoning) or have received variances for any nonconformances, and the lot and structure are not considered existing nonconforming uses or buildings.
(d)
Adjoining residences and their yards are generally afforded a reasonable degree of privacy from view by occupants of the proposed vacation residence or partial vacation residence by the imposition of landscaping and privacy fencing.
(e)
The number of permitted short-term rentals surrounding the proposed property are not excessive in number so as to result in adverse character impacts to principal residences in the neighborhood.
(2)
The Board of Trustees may impose such reasonable conditions as are necessary to ensure that the intent of this chapter and the standards contained herein are met.
A.
Short-term rental permits are subject to continued compliance with the requirements of these regulations.
B.
Whenever necessary to make an inspection, to enforce any provision of this chapter, or whenever there is reasonable cause to believe that there exists a violation of this Code in any building or upon any premises within the jurisdiction of the Village operating as a short-term rental or with a permit to operate as a short-term rental, the Code Enforcement Officer may enter such building or premises to inspect the same or to perform any duty imposed upon him/her by this chapter; provided that, except in emergency situations, such official shall first give the owner and/or occupant, if either can be located after reasonable effort, reasonable notice of the authorized official's intention to inspect.
C.
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.
D.
The short-term rental permit holder shall ensure that current and accurate information is provided to the Code Enforcement Officer and shall 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 inside and near the front entrance of the short-term rental.
E.
The short-term rental permit holder must conspicuously display the short-term rental permit number in all advertisements for the applicable short-term rental.
A.
An application fee for a short-term rental permit, in an amount established by resolution of the Board of Trustees, listed in the schedule of fees, shall be paid by the landlord or absentee landlord at the time of application.
B.
A renewal fee for the renewal of a short-term rental permit, in an amount established by resolution of the Board of Trustees, shall be paid by the landlord or absentee landlord at the time of application for renewal.
Substantive amendments to a permit, including but not limited to an increase in the number of bedrooms used for short-term rental purposes, shall be processed in the same manner as an initial, new application, but upon approval shall not be deemed to restart the probationary term described in § 129-6G.
A.
Violations of this chapter or of any short-term rental permit issued pursuant to this chapter shall constitute a municipal violation and will be subject to applicable penalties under this chapter, in addition to those imposed by any other applicable code or law, including, without limitation, Chapter 11, Building Code Enforcement, and Chapter 116, Property Maintenance.
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 issued pursuant to this chapter, the Code Enforcement Officer shall record such complaint, investigate and issue a report thereon.
C.
In the event of a complaint received by the Village, the property is subject to inspection by the Code Enforcement Official within 24 hours, and any rental tenant must not interfere with the inspection. Should a rental tenant interfere with the inspection, it will be considered a violation of this chapter.
D.
If the Code Enforcement Officer determines there is a violation of this chapter or of the Village Code, the owner shall be notified of said violations in writing by first-class mail and certified return receipt mail and the Code Enforcement Officer may take any or all of 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 Village 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 short-term rental permit may be revoked.
(4)
Issue a court appearance ticket for violation of a Village law.
(5)
Revoke the short-term rental permit. Should a permit be revoked, all owners of the short-term rental are prohibited from obtaining a short-term rental permit on the property for one year after the date of revocation. The Code Enforcement Officer shall send notices of revocation to all owners of the subject property, and shall file a copy with the Village Clerk.
E.
Penalties.
(1)
Any person who violates any provision of this chapter or who fails to do any act required thereby shall, for each and every such violation, pay a civil penalty of not more than $500. When a violation of any of the provisions is continuous, each day thereof shall constitute a separate and distinct violation subjecting the offender to an additional penalty.
(2)
The imposition of penalties for any violation of this chapter shall not excuse the violation nor permit it to continue. The application of the above penalties or prosecution for a violation of any provision of this chapter shall not prevent the abatement of a violation.
Renewal permits will be granted for an additional one-year term if the following conditions are met:
A.
Application for renewal of the short-term rental permit shall be made at least 30 days prior to expiration of current permit and requires payment of a non-refundable renewal fee in an amount established from time to time by resolution of the Board of Trustees.
B.
At the time of application for renewal, the owner or designated agent must present the prior permit for the short-term rental.
C.
The property must undergo an inspection performed by the Code Enforcement Officer to certify continued compliance with all short-term rental requirements.
D.
Any violations must be remedied prior to renewal of a permit for short-term rental.
A permit for a short-term rental in the Village of Victor is a privilege, and not a right. The Code Enforcement Officer may immediately suspend or revoke a short-term rental permit based on any of the following grounds:
A.
Applicant has falsified or failed to provide information in the application for a permit or the application for permit renewal, registration of property or registration of landlord or absentee landlord.
B.
Applicant failed to meet or comply with any of the requirements of this chapter or of the permit.
D.
Removal or disrepair of any safety devices including, but not limited to, smoke and carbon monoxide detectors, fire extinguishers and egresses.
E.
Advertising or listing a short-term rental without a valid permit or registration, or without including the permit or registration number on the advertising or listing or advertising the short-term rental for a greater occupancy than permitted.
F.
Operation of a short-term rental without a valid permit or for a greater occupancy than permitted.
When a property owner's application for a short-term rental permit or a short-term rental permit renewal is denied or a short-term rental permit is suspended or revoked, the property owner is entitled to appeal the Code Enforcement Officer's determination to the Zoning Board of Appeals. A notice of appeal shall be filed with the Village Clerk and the Zoning Board of Appeals within 60 days of the Code Enforcement Officer's filing of the denial or revocation with the Village 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 filing of such appeal will stay the suspension or revocation of the permit or renewal, consistent with Village Law § 7-712-a, unless the Code Enforcement Officer determines that such stay could cause imminent peril to health, safety or property.