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consecutive calendar days or less.., and that suc}~ rentals in the
<br />residential zones of the city...may create adverse impacts.'
<br /> Commonly cited reasons for drafting an ordinance or
<br />provision for short-term rentals include protecting residential
<br />cb. aracter, maintaining housing'affordability, managing
<br />in£rasrrucmre and set-cite requirements, and complying with
<br />hurricane evacuation capacity. Zoning ordinances, business
<br />permits, and transient occupancy taxes are ways of managing
<br />this quasi-commercial use.
<br /> Definitions are often at the root of governing short-term renrab.
<br />Un. fortunately, many zoning codes have a discrepancy between
<br />defined terms and the provisions Oar use them. Terms are
<br />sometimes defined at the beginning of'the ordinance bur then
<br />never used in the provisions. Conve=ety, provisions ma>' contain
<br />undefined terms, rendering the code too ambiguous. For ~,:asnple,
<br />some towns prohibit ~transient renrab" in certain districts without
<br />
<br />about what actual[r is a short<erm rental. Length of stay (where
<br />
<br /> There is a wide range of occupancy tenure in a short-term
<br />rental ordinance. Communities specify the maximum length
<br />of'stay in days, weeks, or months. Some simply distinguish
<br />the use by type of occupant; usually transient or tourist, in
<br />which case the terms should be clarified in the definitions
<br />section.
<br /> Measures of'occupants' permanency can include everything
<br />from specifying the length of stay to whether the residence is the
<br />legal address of its occupants. At this fundamental level,
<br />communities can best begin to guide local land-use practices.
<br />Here, parameters are set largely according to the nature of a
<br />community's tourist population, the importance of tourism on
<br />the local economy, and community goals.
<br />
<br /> (Above, left) Short-,erin rental proper~, promz'nently dlsp/ayed on a
<br />corner lot in Lewes, Delaware. The impact: Vehicles of vacationers
<br />spilling overj%m :he driveway onto the street. The problem: This ry?e
<br />of impact occurring for weeks or month, on end. (Above, right)
<br />Apparenrl); more pavement, less yard meam more parking and less yard
<br />maintenance for this short-term re"ntal properv] in l!4onroe County,
<br />' Florida. (RighO Driveway stgnsfor a Kiawah £stand, S~uth Carolina,
<br />short-term rental welcome the next round offamilies sharing a house.
<br />
<br />defining~ the term "cra.nsienc" Distinctions can be easily made
<br />between the various types of lodging and rental property, and only
<br />those uses that are specifically listed as permitted or conditional
<br />should locate to designated distric-~s. However, where single-family
<br />residences are a permit-red uze, and the length of tenure is
<br />unspecified, nothing in the ordinance can stop property owners
<br />from renting the house on a short-term basis.
<br />
<br />Definitive Criteria
<br />For communities grappling with such disputes, clear definitions
<br />are essential. Other terms for short-term rentals include
<br />transient commercial use, vacation rental home, vacation
<br />property, transient lodging, resort dwelling, and resort housing.
<br />Because transient also is used in the definition of other terms, ir
<br />too should be defined in context to alleviate confusion and
<br />ambiguity. These terms are defined using various criteria, such
<br />as structure type, length of st%q measures of occupants; perma-
<br />nence number of occupants, and the type o/"occupants (family
<br />members or unrelated people).
<br /> The type of structure (single or multifamiiy) of'~en is not
<br />specified in the ordinance, allowing room for interpretation
<br />
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<br /> Regulating the number of'occupants also can midgate the
<br />impacts of rent. al properties. Some communities specify roml
<br />number of occupants by persons per bedroom, family members, or
<br />non-related persons, not wir_hsranding local fire codes. Islarnorada,
<br />Florida, limits occupancy to two people per bedroom plus two
<br />additional persons. Other communities simply limit occupancy to a
<br />single family, az defined in their ordinance (see "Definitions and
<br />Distinctions" for mxa_mptes and commenrm-y on relevahr terms).
<br /> Defining family also can complicate the matter. Restricting '
<br />the use of single-family homes to families can be a difficult way'
<br />to regulate short-term rentals, mainly because r. he term family is
<br />open to a wide range of literal and legal interpretations. Even so,
<br />"traditional" ~'amilies are nor devoid of impact rislcs, including
<br />noisy infants o,' rowdy teenagers. The ever-changing ~'amily
<br />paradigm does nor make it the best measure by which co
<br />regulate short-term rentals.
<br />
<br />Rental~ lilowed?
<br />Tolerance levels about the impacts of short-term rentals will vary
<br />among communities. Communities with an intense interest in
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