Short Term Rental Zoning Rules Range from Strict to None

Communities have to decide on a policy what fits their history and ideals when it comes to short term rental zoning. This issue arises where tourists or a transient population are interested in temporary rentals of single-family residences, without the owner being on the premises. Often this issue is handled through the zoning ordinance, but sometimes a stand-alone ordinance may be enacted governing the conditions under which such a land use is permitted.

Often the short term rental zoning provisions define short term as less than 30 days. The same concept may be called transient rentals, or short term transient rentals. A few examples of a seasonal zoning regulation have been found as well, in which different regulations apply if the rental is for more than 30 days but less than 180 or so.

In any event, the zoning ordinance is likely to set forth standards for short term rental zoning. Topics regulated might include:

• Posting or availability at the town hall of one or even two local contact persons who will be responsible for handling any problems that arise with the property. We think this is the most important regulation, and one that should be strictly enforced.

• Requirements for providing off-street parking.

• Noise and nuisance provisions, or reference to other ordinances addressing such situations.

• Requirements that garbage collection be maintained, and limiting the hours before and after collection when the garbage receptacles can be in front of the home.

• Limitations on the spacing between short term rentals. A particular interval of feet may be used to assure that an entire block does not turn into a short term rental district.

• Reinforcement of the normal occupancy limits (number of persons who may live in the home) for a particular zoning district as applying also to short term rental tenants.

• Proof of code compliance, fire safety measures, adequate water and sewer service, or other utilities or infrastructure that may be of particular concern.

• Requirements for notifying neighbors, or even for their agreement.

• Limitations on the turnover. Renting to six different tenants within a month probably won't be allowed. There may be a minimum stay, perhaps of a week.

• Limitations on particular areas of the town or city where short term rental either is not allowed at all or is not restricted. Such statements within a zoning ordinance would amount to establishing an overlay district pertaining just to the subject of transient rentals.

If the rental of homes for a short time is not covered in the zoning ordinance, or the town or city does not have a zoning ordinance, a separate law sometimes is enacted. Probably it would deal with the same types of limitations and requirements described above, as considered appropriate and necessary by the local government.

In the case of both short term rental zoning and free-standing transient rental regulations, many tourist towns have a tendency to begin with minimal regulation and to add requirements on the basis of particular problems that arise. If the town becomes divided over the issue, however, of course the regulations are likely to be more strict and more creative.

Still other towns choose to ignore the issue that some residents or property owners rent out homes for a very short term, considering this practice to be the prerogative of the property owner.

Particularly in an unattractive real estate market, short term rentals of single family homes probably are not a bad idea, as long as the percentage of the housing stock devoted to this use is small. Our advice would be to require a stay of at least five days and preferably seven. Otherwise, you have an absentee bed and breakfast situation. While some bed and breakfast inns indeed run themselves, from a community safety and predictability standpoint, it's best to establish some limits if there is no on-premise owner or manager.

Hmm, I wonder if there's still time to rent a cottage by a lake for a week in the summer?

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