Council invites public to weigh in on restricting short-term rentals in certain neighborhoods

LACONIA — A proposed zoning amendment would restrict short-term rental properties in certain areas of the city, and could allow the city Zoning Board of Adjustment more latitude to make judgement calls regarding approvals. 

City Planning Director Rob Mora and Assistant Director Tyler Carmichael presented members of the city council with an ordinance amendment intended to clarify conflicting and confusing language regarding short-term rentals during a council meeting on Feb. 9, and councilors asked them to revise it, restricting the use from neighborhoods zoned single-family residential.  

“As the city council liaison to the [Zoning Board of Adjustment], I just want to say that this has been a long time coming, and it is sorely needed,” Ward 3 Councilor Eric Hoffman said. “To give the zoning board greater power to make judgement calls on these, based on the areas that people are proposing to use as short-term lodging.”

Hoffman said the zoning board has seen cases where they didn’t have the leeway to deny some applications. 

“I think, looking through this, this takes out a lot of the gray area, and it gives the zoning board the ability to preserve the character of neighborhoods,” he said. “A lot of cities in the state have this issue, where you get a few short-term rentals in the neighborhood, and it changes the character of the neighborhood. All of a sudden you’re living in a different place.” 

The proposed language for the zoning ordinance amendment restricts short-term lodging to 15 days or fewer at a time, and makes the use permitted by right in the commercial resort and shorefront residential zoning districts, by special exception in the residential rural, residential rural corridor, residential general, residential apartment, urban commercial and commercial zoning districts.  

All short-term lodging units, permitted by right or by special exception, must provide documentation supporting the dwelling units meet criteria, including the unit is a single-family home with no accessory dwelling; the unit includes life safety features like smoke and carbon monoxide detectors; the owner and tenants must follow the city’s noise ordinance; and the residence must be the owner’s primary residence and cannot be used as a rental for more than 120 days in a year.

“I think this gives us the control to actually plan the city,” Hoffman said. “Everything’s a balance between people’s property rights, and our ability to plan and uphold an existing plan of a city. But I think this restores the balance in a way that I think makes sense."

Hoffman said he'd like to see residential, single-family zones included in a list of zones where short-term lodging is not allowed at all.  

Ward 5 Councilor Steven Bogert concurred, as did Ward 2 Councilor Soucy, and Soucy asked Mora to revise the language ahead of the public hearing, scheduled during the city council meeting on Monday, Feb. 23. Councilors approved setting the date unanimously. 

“We do understand that we’re trying to preserve housing stock, and we’re supportive of whatever direction the city council wants to drive us in. I think there are definitely options about areas we want to preserve, and areas we want to say it’s OK in,” Mora said. “It’s really up to the council, what areas they want to preserve.” 

“Land use regulations, there’s a lot of public hearings on these, and a lot of moving parts,” City Manager Kirk Beattie said.