This chapter is authorized by the Municipal Home Rule Law of the State of New York.
[HISTORY: Adopted by the Board of Trustees of the Village of Carthage 6-16-2025 by L.L. No. 4-2025. Amendments noted where applicable.]
A.
The Village recognizes the economic benefits of short-term rentals that allow homeowners to supplement household income to help defray the costs of owning a home. Further, there are positive economic benefits of providing lodging to tourists and other visitors to the Village. Short-term rentals are becoming increasingly more prevalent with the growth of internet and social-media-based programs connecting property owners and persons seeking short-term rentals. The Village also recognizes the impacts short-term rentals can cause to neighbors, the neighborhood character, the environment, and the general health, safety and welfare of the Village.
B.
These provisions governing short-term rental uses are designed to strike a balance. Allowing this use in the Village will allow our Village and community to reap the economic benefits that this type of use can bring.
C.
It is the intent of the Village Board, by enacting this chapter, to ensure that properties that host short-term residential rentals meet the same standards as private residential homes as to life safety and health as codified in the NYS Uniform Fire Prevention and Building Code, protection of the environment and public sanitation through NYS Department of Health Appendix 75-A, protection of the general public health, safety and welfare through the Property Maintenance Code and all other applicable laws, rules and regulations. This chapter aims to provide a mechanism to ensure that such standards are met and in any case where they are not, provide a way to notify the owner of the deficiency and bring the properties into compliance for the safety and well-being of the community.
D.
The purpose of this chapter is to protect the health, safety and welfare of the Village by:
(1)
Preserving and protecting existing established residential neighborhoods and residential waterfront properties from the potential impacts of short-term rentals of residential dwellings that may unintentionally convert residential use zones to commercial uses;
(2)
Ensuring that short-term rental properties are safe for occupants by confirming minimum standards for life and fire safety as otherwise required by applicable codes;
(3)
Ensuring the number of occupants does not exceed the standards of the NYS Property Maintenance Codes;
(4)
Minimizing risks to public safety and adverse impacts such as improperly disposed trash, parking problems and crowded, unsafe living arrangements;
(5)
Ensuring that, where permitted, any rental use is consistent with the Village of Carthage Comprehensive Plan.
Words and terms used in this chapter shall be interpreted and defined as indicated below. All other words and terms shall have the meanings commonly attributed to them. Doubts as to the precise meaning of any words or terms shall be clarified by the Board of Appeals under its power of interpretation.
See Section (no definition currently) of the Village Zoning Law definition for "Bed and Breakfast/Hostel Establishments." Local laws related to bed-and-breakfast establishments shall remain in full force.
A lawful room or area within a residence used for sleeping which complies with the NYS Uniform Fire Prevention and Building Code as a sleeping area.
Maximum number of persons allowed to occupy any single-family dwelling as determined by the provisions of the NYS Uniform Fire Prevention and Building Code and NYS Department of Health Appendix 75-A.
The rental, lease, use or occupancy of any single-family dwelling by any person or persons other than the owner or owner's family and where the owner of the property receives consideration for the temporary use of the property in money, goods, services or other form of compensation for such use, but not where the use is permitted for family, friends or other situations not involving consideration or compensation for the use.
A period of time less than three months.
Any individual dwelling unit providing complete cooking, bathing, sanitary, living and sleeping areas, as part of a two-family, multifamily, townhouse or condominium. In the case of more than one single-family dwelling being subject to this chapter, each such single-family dwelling that will be used as a short-term rental shall be required to have its own permit.
Any lawfully existing dwelling that is rented, leased or occupied by a person or group of people other than the owner and/or his or her family, under the conditions set forth in the definition of "rental" in § 112-3 hereof, for any period of time more than 14 cumulative days in a calendar year and less than three consecutive months shall require a current rental permit issued by the Zoning Enforcement Officer. An approved rental permit is valid for a period of 24 months from the date of issue and may be renewed pursuant to the terms of this local law for each successive 24-month period during which rentals take place.
The form and content of a short-term rental permit application shall be as determined by the Village of Carthage Zoning Enforcement Officer and/or the Village Board and shall contain such information as the Code Enforcement Officer and/or Village Board deems necessary to determine the sufficiency of the application. Such application shall contain, at a minimum:
A.
The property address and tax map parcel number.
B.
The total number of dwelling units located on the property.
C.
The size and number of bedrooms inside each building proposed to be rented.
D.
A plan showing the location of designated emergency egress and rescue windows to the extent such features are required under current law, code or regulation.
E.
A signed certification by the property owner(s) attesting to the fact that:
(1)
To the best of their knowledge the property is fit for human habitation and safe.
(2)
The owner will comply with all of the conditions and restrictions of the rental permit.
(3)
No portion of a cellar or attic within the rental area shall be used for habitable space of any kind, unless approved by the Code Enforcement Officer under the same conditions that would allow such use pursuant to the NYS Uniform Fire Prevention and Building Code, and NYS Department of Health Appendix 75-A.
(4)
To the best of their knowledge the property is in compliance with all the provisions of this local law, the applicable provisions of the Village Code and the New York State Uniform Fire Prevention and Building Code.
(5)
The required permits and certificates of compliance are in place for all existing structures on the property.
F.
Contact. The owner shall designate a property representative who shall be immediately available, for the purpose of:
(1)
Responding within a reasonable time under the circumstances, but in no case later than 24 hours after notification to complaints regarding the use or conduct of occupants of the rental property and taking remedial action to resolve any such complaints in a reasonable length of time;
(2)
The name, address, and telephone number of the owner and the property representative shall be kept on file with the Zoning Enforcement Officer at all times.
G.
Such other information as the Village may require to satisfy the intent of this chapter.
Prior to issuance of any permit or renewal thereof issued under this chapter, the Zoning Enforcement Officer and Code Enforcement Officer shall inspect each rental unit to verify compliance with all local laws, the NYS Uniform Fire Prevention and Building Code, proper sanitary disposal, the availability of sufficient lawful parking areas and compliance with the terms and conditions of any current permit. A failure of any of the above requirements shall stay issuance of a permit until compliance is demonstrated to the Zoning Enforcement Officer and Code Enforcement Officer.
A copy of the valid permit, a copy of the inspection report and the maximum number of occupants allowed in the residence shall be conspicuously posted in the dwelling at all times. The names, and phone numbers of the responsible property representative or manager of the property shall be posted in a conspicuous location inside the building at all times.
Upon application for an initial permit as of the date of enactment hereof, the permit fee shall be $60 for any rental unit comprised of one to three bedrooms and $120 for a rental unit comprised of four or more bedrooms. Permits are issued for a period not exceeding one year and may be renewed on an annual basis. In order for a permit to be renewed, the owner must pay a new permit fee and submit a new updated permit application with all required supporting documentation. The Village Board is authorized to adjust the permit fee from time to time as it deems reasonable by passage of a resolution.
A.
Compliance with the Village of Carthage Code, the New York State Uniform Fire Prevention and Building Code and the New York State Standards for on-site wastewater treatment for residential properties is required. These requirements comprise the same standards to obtain a certificate of occupancy for a residential property in the Village of Carthage.
B.
An owner of a property shall demonstrate that sufficient lawful parking is available for the number of occupants proposed to be allowed to occupy the premises for each permit issued according to any rules established by the owner regarding maximum numbers of vehicles.
C.
Unless there is documentation on file in the Office of Code Enforcement to demonstrate compliance with NYS Department of Health Appendix 75-A prior to the issuance of the first rental permit, the septic tank shall be pumped out and inspected for size, condition and location. A report of the same shall be submitted to the Office of Code Enforcement. This information shall also be readily available in the rental dwelling. The absorption area location, type and general size shall also be identified. A dye test may be conducted upon reasonable notice under the circumstances by the Code Enforcement Officer upon reasonable cause to believe any of the relevant provisions of this chapter regarding septic disposal are being violated at the subject property or that any component of the septic disposal system may be in a state of failure.
D.
The criteria used to establish the maximum allowed number of occupants in the residence or on the property at any time, day or night, shall be based on the New York State Fire Prevention and Building Code and Property Maintenance Code.
E.
The size and capacity of the septic tank and absorption area shall also determine the total number of occupants allowed in the residence or on the property, day or night based on New York State Department of Health Appendix 75-A, standards for on-site wastewater treatment for residential properties and Village of Carthage laws, codes, rules and regulations.
G.
Campfire pits shall comply with the New York State Uniform Fire Prevention and Building Code.
H.
The advertising of a rental not having a valid rental permit shall be deemed a violation of this chapter as if the rental is occupied.
Any lawfully existing single-family dwelling that is rented, leased or occupied by one family or family unit for less than 14 cumulative days in a calendar year or for six or more consecutive months shall be exempt from this section. Subletting or subleasing by the occupants for a period of less than six consecutive months would automatically void this exemption and a rental permit would be required subject to all the terms, conditions and requirements as stated above. The renting of individual rooms to separate entities would also void this exemption. Any property currently regulated by NYS Department of Health, such as a cottage colony or similar is likewise exempt from this chapter.
Any person, firm, or corporation who commits an offense against, disobeys, neglects, or refuses to comply with or resists the enforcement of any of the provisions of this law shall, upon conviction, be deemed guilty of a violation of the Village Zoning Law. Penalties for violations of the Village of Carthage Zoning Law listed in § 146-40 shall apply in equal measure to violators of this law.