City of Laconia home rentals

[Major]

Originally Posted by Biggd

It's been a staple of resort areas forever but now that it can be tracked it's no longer allowed? That doesn't really make sense. I don't rent my house out but I wouldn't want to be told I couldn't. My neighbor across the street from me rented her A frame out all summer, weekly rentals, and I had no issues with the tenants but if I did she would hear about it.

If you live in a zoned residential area, you cannot rent your house on a short term basis without a variance or by changing the zoning. In the past, the City chose not to enforce the zoning laws. With the advent of internet short term rental sites, the issue is now at the City level, and now they are enforcing the zoning laws. I agree with Woodsy. I would not expect while living in a zoned residential neighborhood to have weekly rentals next to my home.

The enforcement of the zoning laws has nothing to do with the evaporation of the Live Free or Die mentality of our great State. Our State's moto has been undergoing a slow death (no pun intended) over the past decade or so. Growth of government and the insatiable desire for the almighty tax dollar have done more to change our mindset away from the Live Free or Die mentality.

[Biggd]

Originally Posted by Major

If you live in a zoned residential area, you cannot rent your house on a short term basis without a variance or by changing the zoning. In the past, the City chose not to enforce the zoning laws. With the advent of internet short term rental sites, the issue is now at the City level, and now they are enforcing the zoning laws. I agree with Woodsy. I would not expect while living in a zoned residential neighborhood to have weekly rentals next to my home.

The enforcement of the zoning laws has nothing to do with the evaporation of the Live Free or Die mentality of our great State. Our State's moto has been undergoing a slow death (no pun intended) over the past decade or so. Growth of government and the insatiable desire for the almighty tax dollar have done more to change our mindset away from the Live Free or Die mentality.

My house is in Meredith. Sorry to say but, if I owned property in Laconia it would be up for sale.

[Red apple]

Originally Posted by Biggd

My house is in Meredith. Sorry to say but, if I owned property in Laconia it would be up for sale.

Unfortunately Meredith and other lake towns are dealing with the same thing and will all be making changes to protect the residences in residential zoning areas.


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[Biggd]

Originally Posted by Red apple

Unfortunately Meredith and other lake towns are dealing with the same thing and will all be making changes to protect the residences in residential zoning areas.


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I agree but there has to be a better way that can appease everyone. Maybe limit the amount of time it can be rented to one week a month and no renting by the just a day or a weekend.
People renting their second homes out in resort areas has been going on forever but, now with internet rental being popular, a new way of policing this needs to be implemented. I don't agree with just making it illegal.

[Woodsy]

Originally Posted by Biggd

I agree but there has to be a better way that can appease everyone. Maybe limit the amount of time it can be rented to one week a month and no renting by the just a day or a weekend.
People renting their second homes out in resort areas has been going on forever but, now with internet rental being popular, a new way of policing this needs to be implemented. I don't agree with just making it illegal.

I don't think anyone has ever had a problem if the neighbors rented their house out once or twice a year for week to cover taxes. Like you said that has been going on forever. However, with the advent of websites like Airbnb & VRBO, these rentals have essentially become an unregulated and untaxed small business. That is a problem.

I am not sure how the issue can be resolved, unless you restrict it to areas zoned a certain way.

Woodsy

[TiltonBB]

Originally Posted by Biggd

I agree but there has to be a better way that can appease everyone. Maybe limit the amount of time it can be rented to one week a month and no renting by the just a day or a weekend.
People renting their second homes out in resort areas has been going on forever but, now with internet rental being popular, a new way of policing this needs to be implemented. I don't agree with just making it illegal.

There are many waterfront homes that are used full time as rentals. My Gilford house is one of those. It is a weekly rental in the summer and one tenant from September until Memorial Day. The two houses immediately adjacent to the other side of the property (I spend summers in) have also been used 100% as rentals for the past 6 summers. I have no complaints about the people who have rented them and have not been impacted at all. Many of these rental homes were purchased by their owners for precisely that purpose.

If renting is significantly impacted by changes or enforcement of the laws I believe many homes will go on the market, and that will drive the sale prices down. That ranges from the families who rent to help offset expenses and use the property themselves, to properties that are rentals 100% of the time. When fewer house on the lake are available for rent, look for the weekly rental prices to skyrocket.

I still feel that the ideal solution is enforcement of noise regulations and regulations that specifically impact the problem property. As of this time, anyone who has purchased a home that is not in an association knew that there was a possibility that their neighbors could rent their home out. If the home is in an association the documents available before the purchase would inform the purchaser of the rental policy and may impact their decision to purchase.

We don't need to keep adding laws in the "Live Free or Die" state. In the view of many, continuously adding laws and regulations has already negatively impacted boating on the lake.

[kjkam]

Can someone confirm that Laconia is not creating a new law, just enforcement of existing regulations?

[fatlazyless]

The Laconia Daily Sun has an Oct 11, 2018 article: 'Short-term rentals come under new enforcement plan' that is a good read. It says the city already has the authority to restrict rentals according to permitted uses in various zones, and can fine the landlords who do not respond $275/day.

LaDaSun-Nov 28, 2018: 'Four enforcement actions launched under Airbnb policy'

LaDaSun-Dec 18, 2018: 'Board deals blow to Airbnb-type rentals'
…………

Conway Daily Sun-Jan 26, 2018: 'Unfairbnb? Short-term rentals mired in controversy'

[Garcia]

An easy solution, in my opinion, is to make a distinction between a short term rental to offset costs and a business venture. Pick a reasonable number, say 30 days/year that allows property owners to rent out their homes for short term rentals. If a property owner exceeds that number of days, it would be considered a business and face different, stiffer regulations.

Regardless of the number of days the property is rented, collect the state and local rental tax. If you are renting through Airbnb or VRBO, this is very easy to do.

Like any other regulation there are ways people can work around or ignore the above suggestion and no law or regulation is perfect. This is a model that has worked well in other communities.

[Woodsy]

Originally Posted by Garcia

An easy solution, in my opinion, is to make a distinction between a short term rental to offset costs and a business venture. Pick a reasonable number, say 30 days/year that allows property owners to rent out their homes for short term rentals. If a property owner exceeds that number of days, it would be considered a business and face different, stiffer regulations.

Regardless of the number of days the property is rented, collect the state and local rental tax. If you are renting through Airbnb or VRBO, this is very easy to do.

Like any other regulation there are ways people can work around or ignore the above suggestion and no law or regulation is perfect. This is a model that has worked well in other communities.

The question remains... how does the city/town know what days it was rented, and for how much? So the neighbors have to be eyes/ears of the city to make sure its not rented more than 30 days?

Not for nothing.. the burden should be on the property owner...

Woodsy

[joey2665]

Originally Posted by Woodsy

The question remains... how does the city/town know what days it was rented, and for how much? So the neighbors have to be eyes/ears of the city to make sure its not rented more than 30 days?

Not for nothing.. the burden should be on the property owner...

Woodsy

That's the way it is in Florida. I have a home their which I rent short term and it is the obligation of the owner to report file and pay (which the owner collects from the tenant) the rental tax.

[Garcia]

Originally Posted by Woodsy

The question remains... how does the city/town know what days it was rented, and for how much? So the neighbors have to be eyes/ears of the city to make sure its not rented more than 30 days?

Not for nothing.. the burden should be on the property owner...

Woodsy

It is the owners responsibility to follow the law, collect and send in the tax, etc. It works in other communities - but you're right that if there are flagrant violators, someone needs to let the enforcement body know.

[Redbarn]

This has nothing to do with the state Meals and Rental tax.

The cities New rule is about zoning, and if short term rentals are a permitted use in the zone. Also the article does Not state a very important point. Short term rentals are allowed in the CR and SFR zones. So really this new rule is just to prevent short term rentals in the downtown area. It does not apply to most of the shore front and Weirs, since they are CR and SFR. So most vacation rentals are not effected.

I will also include a link to the tax map so people can see what is effected.

https://www.laconianh.gov/DocumentCe...ing-Map?bidId=https://www.laconianh.gov/DocumentCe...ing-Map?bidId=

If I was a person who rented in an area that is currently now prohibited. I would be asking where that was written in the zoning that it is not allowed. I have not seen that yet and I couldn't find it but I didn't look very hard.
You can see the table here https://www.ecode360.com/attachment/...0Table%20I.pdf

The closest after a quick skim I can see is maybe "Bed and Breakfast" but I doubt it meets the criteria, but it would be a CUP not a Variance. My point is the zoning didn't have short term rentals as something that was or wasn't allowed.

So at some point I would imagine, someone will challenge this. Especially if they purchased a property and the zoning was one way and then all of a sudden it was another with no public input. To create new zoning rules doesn't the public get to vote or have a hearing? Beyond my knowledge.

[Major]

Originally Posted by Redbarn

This has nothing to do with the state Meals and Rental tax.

The cities New rule is about zoning, and if short term rentals are a permitted use in the zone. Also the article does Not state a very important point. Short term rentals are allowed in the CR and SFR zones. So really this new rule is just to prevent short term rentals in the downtown area. It does not apply to most of the shore front and Weirs, since they are CR and SFR. So most vacation rentals are not effected.

I will also include a link to the tax map so people can see what is effected.

https://www.laconianh.gov/DocumentCe...ing-Map?bidId=https://www.laconianh.gov/DocumentCe...ing-Map?bidId=

If I was a person who rented in an area that is currently now prohibited. I would be asking where that was written in the zoning that it is not allowed. I have not seen that yet and I couldn't find it but I didn't look very hard.
You can see the table here https://www.ecode360.com/attachment/...0Table%20I.pdf

The closest after a quick skim I can see is maybe "Bed and Breakfast" but I doubt it meets the criteria, but it would be a CUP not a Variance. My point is the zoning didn't have short term rentals as something that was or wasn't allowed.

So at some point I would imagine, someone will challenge this. Especially if they purchased a property and the zoning was one way and then all of a sudden it was another with no public input. To create new zoning rules doesn't the public get to vote or have a hearing? Beyond my knowledge.

The issue isn't in areas where commercial zoning exists. The issue is where the zoning is residential. In South Down and Long Bay, the zoning is residential. The City is now enforcing the zoning law, although residents have been renting their properties on a weekly basis for years. Owners of properties in these residentially-zoned communities now have to go before the Board for a variance. There is no "new" law to my knowledge, merely enforcing existing law.

[Redbarn]

I understand, what you are saying. Where is the existing zoning law that states short term rentals are not allowed?
I can't find it.

In the zoning table of uses, I don't see "short term rentals" that or "airbnb policy". So I seems like the city is saying because it is omitted, here is our policy. My point is the current zoning isn't equipped for it, so they made decisions on it with out public input. I could be very wrong, I would just like to see where it is written because some attorney is definitely going to ask that.

[Major]

Originally Posted by Redbarn

I understand, what you are saying. Where is the existing zoning law that states short term rentals are not allowed?
I can't find it.

In the zoning table of uses, I don't see "short term rentals" that or "airbnb policy". So I seems like the city is saying because it is omitted, here is our policy. My point is the current zoning isn't equipped for it, so they made decisions on it with out public input. I could be very wrong, I would just like to see where it is written because some attorney is definitely going to ask that.

Try this -- https://www.ecode360.com/15050211

Click on Attachment 2. It appears that hotel, motel and inn are not generally not permitted in residentially-zoned areas. It wouldn't be unreasonable for the Board to take the position that weekly rentals or weekend rentals through ABNB are the same as operating a motel or inn.

[Redbarn]

Are you sure that is accurate? The city is saying a short term rental has to meet the criteria for a hotel/motel? So when people are applying for variances they are applying for a hotel? Are you just assuming this or do you know this?

It doesn't seem to line up because the city is allowing short term rentals in only SFR and CR where as a hotel is allowed in a lot more zone than that. Also to get a variance, you would have to apply for your house to considered a hotel, so you would have to meet the dimensional requirement etc, like green space, parking. At that point, it would also allow you to get one room for every 1.5 parking spaces you can fit (higher density). So it is safe to say no one will ever get a variance for short term rentals. It would also mean that every town has the same current zoning as Laconia since every town most certainly has Hotel zoning and any town could take the same position as Laconia.

I would also point out that that means anyone renting in the SFR or CR is now considered a hotel and will have to meet the dimensional requirements and apply for a permit.

If this is what the city is saying a wish them the best of Luck when they take this up with a property owner who is attorney.

[Major]

My opinion only. I don't know for sure, but it seems that it is the position the Board is taking.

It will get litigated. I wouldn't count on the party seeking a variance winning. I don't think it's an unreasonable position that residential zoning prohibits short term rentals. That's just my opinion based on the intent of zoning laws.

[Redbarn]

Originally Posted by Major

My opinion only. I don't know for sure, but it seems that it is the position the Board is taking.

It will get litigated. I wouldn't count on the party seeking a variance winning. I don't think it's an unreasonable position that residential zoning prohibits short term rentals. That's just my opinion based on the intent of zoning laws.

Understood, I think I have mixed feelings on it. But I definitely think the current laws/rules are not equipped to handle it, and public input should have been taken before the city added the "airbnb Policy"

[fatlazyless]

https://www.nhbr.com/September-14-20...t-this-summer/ …. "Airbnb NH bookings soared over 50 percent this summer"



What the legislature could do is totally legalize both recreational marijuana and short term residential rentals in the same bill, and pass it unanimously!


Having done that, the Live Free or Die would be a real deal type of a license plate line. Otherwise, the line should be changed back to the 1963 license plate line of "Photoscenic".

Yes, is so very photoscenic here in NH except for the house next door with the 11 dope smok'n, weekend renters ….. this is the place! …. live free or die!