|
promoting tourism may be more permissive, allowing them in
<br />restricted districts, ~vhiie others will diligendy protect residential
<br />districts. In the most restrictive communities, short-term rentals may
<br />be prohibited oumgh.t in residential districts. Monroe Counts;
<br />Florida, prohibits them uniess a majority of homeowners vote them
<br />into a subdivision. Communities may permit short-term rentals a~ a
<br />condirion'al use or allow them only when rented Fewer than four
<br />times each year.
<br />
<br />Conditional Uses and Licen:sing
<br />Whether short<erin rentals are allowed by right or as a conditional
<br />use, additional requirements to benefit both. r. he occupants and
<br />neighbors are recommended. For example, operating a short-term
<br />rental may require physical inspection to determine the safety oFthe
<br />structure from hazar~ such as fire and over occupancy. Other
<br />requirements might include posting a "notice to occupant"
<br />reminding visitors or'mandatory evacuation in case o£a hurricane (in
<br />prone are=) or a "code of conduct" for 0ce neighborhood, which
<br />might list regular, ions for occupancy, parking, boar doclmge, fine-s, or
<br />heipful in~'brmation such as gxrbage and recycling pick-up. Both
<br />should, be printed in a large r%nt and prominently displayed.
<br />
<br />Regulating by Ratio
<br />Mendocino County, California, serded on an acceptable ratio of
<br />short-term rental properties to year-round residents: Locals deemed
<br />13 year-round resident houses co one sb. orr-cerm rental house
<br />tolerable. The community requires operating permits For short-term
<br />rental properties. An additional vacation rental permit is issued For
<br />every 15 new residential un/=. The number oFpermirs is fiinire bur
<br />sifng is still flexible. To maintain an orderly and fair distribution of
<br />permits, the county does not allow them to be sold or transferred.
<br />The county consider~ short-term rentals a commercial use, allowing
<br />additional short-term rentals as part ora 50/50 mN of commercial
<br />and long-term residential dwelling units in tuNed-use districts.
<br />
<br />Legal Challenges
<br />Legal challenges will invariably arise in neighborhoods where
<br />homeowners enjoying the comforts ora quiet back yard are
<br />suddenly interrupted by noise or light (rom an adjacent short-
<br />term rental property. P{aces with resmcrions on short-term rentals
<br />such'as Key West and Imperial Beach have faced legal challenges,
<br />which may include vesting, consistency with the comprehensive
<br />plan, definition of Family, and allowable rime for amortization.
<br />However, anecdotal evidence suggests that the longer an
<br />ordinance has been in place, the more accepted ir is. Most of the
<br />planners interviewed For this arricte were confident in the
<br />defensibility of their short-term ten tal ordinances.
<br />
<br />Mitigation and Amortization
<br />Some of the mitigation tools used co oft'Yet the impacts of short-.
<br />term rentals include having a 24-hour contact person or
<br />management service, vehicle registration, and short-term rental
<br />medallions~a sign or badge on the front of the home identifying
<br />the residence as a vacation property, the name o£ the management
<br />company, and a contact person. The use of medallions is widely
<br />criticized because critics say they invite thieves and vandals. Such
<br />mitigation measures are typically paid ,rot and provided by the
<br />property owner as a condition of receiving an operating permit.
<br />Other measures, such as increasing code eni:orcement stall--as is
<br />done in Key Wesr~or bolstering visitor awareness through
<br />signage ~o politely inform them of the neighborhood's quiet
<br />residential character may be paid ibr with tax revenue generated
<br />from short-term rental properties.
<br />
<br /> To avoid a rakings challenge, communities that have recently
<br />enacted more restrictive codes also have included an amortization
<br />schedule that phases our short-term rent'a/properties. I.slamorada
<br />allows cwo years for amortization and Imperial Beach is proposing
<br />five-year amortization. Sullivan's island, South Carolina, requires
<br />proof of use as a shot'r-term rental during the previous 12-month
<br />period to reduce the number ol: rental properties. Those that lapse
<br />are hoc eligible for Future licensing.
<br />
<br />Enforcement
<br />DetecTion o£probiem rentals can occur either fi'om complaining
<br />heighbors or a dedicated.municipal enforcement staff.. Penalty
<br />fines range from $100 a day in Saco, Maine, to $500 For each day
<br />of violation'in Kiawah Island, South Caroilna. Other penalties
<br />include denied permit renewaks, permit revocation, or
<br />misdemeanor citations. Fines are a comparatively small ~xpense
<br />for property owners whose short-term rentals g~nerate hmlthy
<br />returns, so some owners virtually ignore the restrictions, says
<br />Monroe County planner Marlene Conway. Saco requires
<br />property owners co renew permits annually: A history of
<br />complaiints is kept on file and those with more than two recorded
<br />complain= will not be issued a permit For the coming year.
<br /> Administering a short-term ren~ ordinance burdens both the
<br />budget and staff.. Issuing permits and code enforcement rakes
<br />time and money. Permit or licensing fees and taxes on short-term
<br />lodging can ot'~er these expe~es. Fees vary i'}om a fixed amount
<br />to a sliding scale based on the percent of income generated per
<br />calend~ year--both of which usually amount to $I00 to $200.
<br />In states that grant local governments the authority ro tax this
<br />type of land use, the tm:es For the lodging fee can range From Four
<br />percent on the Iow end ro seven percent in Deschutes County,
<br />Oregon. Santa Cruz, Calitbrnia, ca.x= .10 percent.
<br />
<br /> Conclusion
<br />Technology, telecommuring, and lifestyle priorities will continue
<br />to Fuel the infiltration of newcomers into resort communities
<br />with long-established residents. For these and other reasons, the
<br />populations of uradifional get-away destinations will surge and
<br />change, bringing with them increased pressure to adapt to new
<br />people and new land-use challenges. Deciding whether short-
<br />. term rentals are commercial or residential land uses is an
<br />important first step in addressing the i~ue. Perhaps the zoning
<br />code is the best defense in preserving the tranquility that made
<br />such places attractive in the first place.
<br /> Selected ordinances From the short-term rentals survey are
<br />available to'Zoning News subscribers. Please contact Michael
<br />Davidson, Co-editor, Zoning News, American Planning
<br />Association, 122 South Michigan Avenue, Suite 1600,
<br />Chicago, il 60603, or e-mail mdavi&on@planning, org.
<br />
<br />Zo.i.g Nezv~ i~ a munrhly .mw*lo,ocr published by ch= ^mctican Planning
<br />Sub~crip~ions are availabl~ tbr ~60 {U.S.} and $82 (foreign). W. Paul Farm=r, a~c~, ~ccmive
<br />Oirecc6r: William R. Klein. a~:p, Director oJ' R~earch.
<br />
<br />2u.i.g Netv~ ia produced uc APA. Jim Schwab..q~t:r. and Michu=l Oavi~on. Edimn: Batty Bain.
<br />a~t:t', Neaclmr C~mpbdl. Fa}' Oohfick. ~ace Hmch~on. Sunjay Jeer. all:~,, M=gan g=wis.
<br />
<br />Pruduc[iun.
<br />
<br />C~pyr~gi~r ~20U2 bs' American PI;tatung A~uciu~iu., 122 S. Michi¢;m Av~.. 5uiie 161111,
<br />Ch~cagu, IL 006l)3. -th= American Planmng Assuciucmn uho ha~ ~dficr~ ac 1776 Mnssachu~e~c~
<br />Ave., M.W.. Waihmgccm. DC 201136: s~w.plunnin¢.mg
<br />All ~igh~s reserved. Nl~ pnr~ uf d~i~ publicamm may hc rcpmduccd .r utilized in ~mv [brm ut b}'
<br />any mr:ms. =iccmm~c ~r mechanical, includi.g phm~copymg, recnrding, nr by any
<br />
<br />Ih'int~d .. ~'ecs'cled pupcr, including q ).7 ~ rrcydcd fiber
<br />
<br />
<br />
|