Overview

Short-term rentals are ALLOWED in Port Henry, NY with specific requirements and restrictions depending on the zoning district. The Village allows Vacation Rentals by Owner (such as Airbnb) and Bed-and-Breakfast establishments in most residential and mixed-use zoning districts, subject to Planning Board site plan approval. However, these uses are prohibited in the Downtown Commercial District and Industrial District.

How to Start a Short-Term Rental Business in Port Henry

Step 1: Determine Zoning Compliance

Before proceeding, verify that your property is located in a zoning district that permits short-term rentals:

Allowed Districts for Vacation Rentals (VRBO/Airbnb):

• Residential District (R) - Site Plan Approval Required
• Transition District (T) - Site Plan Approval Required
• Undeveloped District (U) - Site Plan Approval Required
• Waterfront and Public Recreation District (WPR) - Site Plan Approval Required

Prohibited Districts:

• Downtown Commercial District (DC) - Not Permitted
• Industrial District (I) - Not Permitted

Alternative Options:

• Bed-and-Breakfast establishments are allowed in all districts where VRBO/Airbnb is permitted, plus the Downtown Commercial District
• Boarding/Lodging/Rooming Houses are permitted in Residential, Transition, and WPR districts only

Step 2: Site Plan Review Process

Since most STR uses require Site Plan Review (SP), you must:

1. Submit a preliminary sketch plan to the Planning Board for conceptual review
2. Apply for formal site plan approval
3. Obtain Planning Board approval before receiving a building permit

Step 3: Building Permit

After site plan approval, obtain a building permit from the Code Enforcement Officer.

Required Documents, Permits, Licenses, and Guidelines

Site Plan Review Application Requirements

Site Plan Documents (2 copies required):

• Location map showing boundaries, dimensions, and features within 500 feet
• Existing site features (buildings, utilities, drainage)
• Proposed building locations and arrangements
• Parking areas and circulation patterns
• Building elevations and exterior finish materials
• Outdoor lighting facilities
• Topographic maps (2-foot contour intervals for slopes ≥10%, 5-foot intervals for slopes <10%)

Accompanying Data:

• Completed application form and fee
• Name and address of applicant and licensed professionals
• Property deed (if requested)
• Owner authorization if applicant is not the property owner
• Construction materials and methods description
• Soil test results and percolation tests (if applicable)
• Status of required state and county permits
• Detailed lighting plans with point-by-point calculations

Building Permits

• Must comply with New York State Uniform Fire Prevention and Building Codes
• Required for all new STR operations
• Must meet all zoning dimensional requirements

Additional Compliance Requirements

• Water Supply: Any wells must comply with NYS Department of Health standards
• Sewage Disposal: Must connect to adequate approved sewage disposal systems
• Parking: Must provide adequate off-street parking (80% of maximum demand)
• Emergency Access: Structures must be readily accessible for emergency vehicles

Specific Regulations for Short-Term Rentals

Dimensional Requirements

General Setbacks:

• Adjacent to railroad: 50 feet minimum
• Adjacent to streams/wetlands: 100 feet minimum
• From Lake Champlain shoreline: 100 feet minimum

Building Limitations:

• Single/two-family residential: Maximum 3 stories, 2,500 sq ft first-floor footprint
• Commercial structures: Maximum 5 stories in DC/T districts, 30,000 sq ft maximum footprint

Residential District Specifics:

• Front, side, and rear setbacks: 15 feet minimum
• Front setback measured from roadway edge

Waterfront and Public Recreation District:

• 100 feet minimum setback from mean high water mark of Lake Champlain
• No boat docks within 10 feet of property lines
• No sewage systems within 100 feet of shoreline

Operational Standards

Noise and Nuisance Controls:

• No noise exceeding 55 decibels at property line from 8 AM to 6 PM
• No discernible noise at property lines from 6 PM to 8 AM
• No odor, smoke, dust, or atmospheric pollutants
• No heat perceptible beyond property boundaries
• No nuisance vibration

Lighting Requirements:

• All lighting must be shielded and directed downward
• Light levels at property lines shall not exceed 0.1 foot-candles
• Maximum freestanding light height: 20 feet
• No flashing, intermittent, rotating, or moving lights

Home Occupation Standards (if applicable):

• Must be incidental and subordinate to residential use
• No heavy equipment or tractor trailers on property
• Maximum 4 additional employees for major home occupations
• Maximum 2 additional employees for minor home occupations
• Minor home occupations may have one 2-square-foot sign

Commercial Design Standards (for Bed-and-Breakfast)

Building Design:

• Varying setbacks, heights, and roof treatments to reduce apparent scale
• Facades must have architectural features every 40+ feet along Main Street
• Traditional materials, textures, and colors required
• Ground floor facades must have features along 50% of horizontal length
• No blank walls facing streets

Landscaping:

• Minimum 30% of building foundation must be landscaped
• Street trees required (1 per 30 feet of road frontage)
• Parking lots over 30 spaces require landscape islands (360 sq ft minimum)

State-Level Requirements (New York)

• Stormwater Management: Commercial projects disturbing >1 acre require Stormwater Pollution Prevention Plan
• Building Codes: Must comply with NYS Uniform Fire Prevention and Building Codes
• Water Systems: Wells must meet NYS Department of Health standards

Contact Information

Village of Port Henry

Mailing Address: Village of Port Henry 4303 Main Street Port Henry, NY 12974

Phone: (518) 546-8611

Code Enforcement Officer/Building Department: Contact through Village Hall at (518) 546-8611

Planning Board: Meetings held regularly - contact Village Hall for schedule and meeting location

Village Clerk: (518) 546-8611

Essex County Planning Department

Phone: (518) 873-3350

New York State Department of Environmental Conservation

Regional Office (Region 5 -includes Essex County): Phone: (518) 897-1200 Website: www.dec.ny.gov

New York State Department of Health

Phone: (518) 486-3412

Important Notes

1. Nonconforming Uses: Existing STRs that were legal before adoption of this law may be allowed to continue, but changes require compliance with current regulations.

2. SEQR Environmental Review: Major projects may require State Environmental Quality Review under NYCRR Part 617.

3. Additional Permits: Depending on location and scope, you may need permits from:

   • Adirondack Park Agency (if near APA jurisdictional areas)
   • U.S. Army Corps of Engineers (if near waterways)
   • Essex County Health Department

4. Variances: If your property cannot meet dimensional requirements, you may apply to the Zoning Board of Appeals for relief.

5. Enforcement: Violations are subject to enforcement proceedings under Article X of the Zoning Law.

Source Documents

• Village of Port Henry Zoning Law, Local Law No. 1 of 2017
• Village of Port Henry Development Review Law (incorporated into zoning law)
• New York State Uniform Fire Prevention and Building Codes

Disclaimer: This guide is for informational purposes only. Always consult with the Village Code Enforcement Officer and legal counsel before starting a short-term rental business to ensure full compliance with all applicable regulations.