Planning board to hear public input about changing zoning laws to ban short-term rentals in single-family neighborhoods

LACONIA — The city’s planning board will hold a public hearing during their meeting on Tuesday, March 3, about amendments to the zoning ordinance to restrict which residences can be used as short-term rentals.

City councilors during their meeting on Monday night reviewed changes to the short-term rental ordinance, including removing permitting by right in the single-family residential zoning district, and referred the changes to the planning board for further consideration.

“I don’t like more government in private property owners' business, I just think it sets a bad precedent,” Mayor Mike Bordes said. “I understand people are upset that people from outside the state may or may not purchase properties within New Hampshire. I personally rented a place for minimum a week, up to three weeks, for 13 years straight — never partied, never had issues.

“I don’t feel it's the city’s job to be telling the private property owners what they can and cannot do with their property,” he said. “That’s just my stance.”

Ward 5 Councilor Steven Bogert said he agreed with removing the residential district from the use of short-term rentals.

“As I bought my home, I did not buy a motel next door. And I never in my 20 years of being on the zoning board have voted for any of that to happen,” Bogert said. “We have zones within the city that are appropriate for short-term rentals: along the lake areas or recreational areas and stuff. These homes in the RS section are in the backbone of the city, and deserve to have the peace and quiet and sanctity of having your home unintruded upon.”

If members of the planning board approve the changes, they’ll send them back to the council again for final approval.

At the council meeting, city residents spoke for and against the changes. Those opposed to the changes generally expressed their concern city leaders would be overstepping their mandate and infringing on the rights of property owners. Those in favor of the changes generally spoke of their view that short-term rental properties in predominately residential areas of the city change the character of those neighborhoods, and are the cause of frequent nuisance.

Resident Marcia Hayward, who also sits on the Zoning Board of Adjustment, spoke in favor of the proposed language.

“I find that the current language of the ordinance allows too many out-of-towners, out-of-staters, to purchase homes, taking them off the market for our residents. I find that the transient nature of the ordinance with the number of days turns the neighborhood into having to police the people that rent these short-term lodgings and it can disrupt the residential character greatly,” Hayward said. “I think that the changes that are proposed are excellent, I really applaud making the permit only for primary homeowners, that you’re going to make them have a room-and-meals license, I think that’s important. And that they’re going to have to do a report to the planning department yearly to let them know what’s going on with their rentals.”

Marc Burrell, of Warren Street, was opposed.

“You cannot tell me, or anybody else who has a house, what they can and cannot do with it. Residential areas, understandable, but the common theme here is this: everybody blames parties, loud noises," Burrell said. “I live on Warren Street, there’s a guy on Merrimack Street. Every weekend I hear him blasting his music. It's a residential area, but he’s not doing Airbnb, he’s not doing short-term rentals. He owns the house, he lives there. I can’t say nothing to him, he lives two streets away.”

According to the proposed ordinance language, short-term lodging refers to the use of a single-family dwelling for a guest renting or occupying the unit for less than 28 consecutive calendar days. The zoning “use” of short-term lodging does not include accessory dwelling units, tents, trailers or mobile homes.

If the proposed language is adopted, short-term lodging would be permitted by right in the commercial resort and shorefront residential districts. It would be permitted by special exceptions, a process of the Zoning Board of Adjustment, in the residential rural, rural corridor, general, and apartment; and urban commercial; and commercial zoning districts.

Among other requirements, the owner of a property being used in that fashion would be required to display a rentals license issued by the New Hampshire Department of Revenue Administration. Dwelling units cannot be used for short-term rentals for more than 120 days, and the property owner would have to submit a report to the city’s planning department, including information like the total number of bookings and listings over the prior year, the total number of days rented over the prior year, and proof of primary residence.

Planning Director Rob Mora told councilors those in the residential district currently permitted would be grandfathered into the ordinance, and allowed to continue their rental activities. Councilors voted 4-1 in favor of sending the question to the planning board, with Ward 6 Councilor Mike Conant opposed, and Ward 2 Councilor Bob Soucy absent.

“This is not strictly a problem of partying and noise in the neighborhood or fireworks and that sort of thing,” Ward 1 Councilor Jon Hildreth said. “It changes the makeup and the complexion of the neighborhood. Someone that has purchased and been living there for years all of a sudden has a hotel next door, and it takes properties off the market. And it also can affect the value of your own home.”