Tiverton modifies proposed short term rentals ordinance

Will review again before planning board has its say

By Ruth Rasmussen
Posted 9/29/21

 

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Tiverton council amends short term rentals plan

 

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Council continues work on short term rental ordinance; planning board to review prior to council …

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Tiverton modifies proposed short term rentals ordinance

Will review again before planning board has its say

Posted

Tiverton Town Council members agreed Monday to several revisions to proposed amendments to the Zoning Code that if approved, will impact Airbnb operators and others who rent their Tiverton properties to guests on a short-term basis.

The revisions to the town's draft Short Term Rentals (STRs) document were motivated in part by feedback the council received from concerned property owners and the general public at a workshop in late August.

STRs are currently unregulated in Tiverton, but that would change if the ordinance eventually becomes law. At Monday’s meeting, town officials stressed they have no desire to micromanage individuals who rent their properties short term.

“We fully understand what you do and why you do it,” said town administrator Chris Cotta, responding to a resident who described how, since 1982, she has rented her home annually for a few weeks each year to pay her taxes.

“We are trying to make sure it is workable for everyone,” he said. “We are not trying to stifle you.”

The latest version of the draft ordinance defines a short-term rental as “the offering of all or portions of a dwelling unit, for a fee, by anyone other than the owner for a period of 30 consecutive calendar days or less, at least once per calendar year.”

In response to public feedback, councilors agreed to revisions to the draft proposal including:

n Removal of a requirement that property owners furnish, on request from the town council, “a full copy of all rental data, a listing of nights rented, and gross revenue figures.”

* Removal of a provision stating “the property owner must occupy the same unit, or at least the same parcel, at least 260 days per year.”
* The revision of wording concerning designation and responsibilities of a local representative. The original draft called for the representative to reside in Tiverton or be a property management company within Tiverton. The revised draft states the representative shall be “an individual residing or a property management company operating within 25 miles of the short-term residence.”
At its Oct. 25 meeting, the council will continue to review and discuss potential changes to the draft document. They will seek input from the fire and police departments and the zoning enforcement officer. Other considerations: the timeframe for expiration of the special permit has yet to be determined, as does the fee structure for issuance of the permit. This fee is in addition to the $100 application fee already established in the draft document.
Town officials stressed that the approval process will not be rushed and will be fully transparent, with all original documentation, proposed revisions, and letters from the public posted to the town website. Once the council gives final approval to the draft document, it will be submitted to the Tiverton Planning Board for further review and possible revisions. First and second readings of the final proposal will then be scheduled before the council, along with a full public hearing.

“This is going to be a long process,” said Town Solicitor Michael Marcello. “It’s not going to happen overnight. We want to get it right.”

Why now?
Monday’s meeting included discussion on why the council is taking action at this time.

Cotta said when pandemic-related closures of popular venues began in 2020, people started to rent out houses for large events, because they were not regulated. The town started to field complaints from citizens who observed 50 or more cars parked at houses that were being rented for exorbitant fees. These complaints have lessened in recent months, he said, but having no regulation is problematic. He estimated that currently about 90 to 120 short term rentals operate in Tiverton. “There are businesses that are doing everything they should be doing. They are very good business people. They make sure they don’t disturb their neighbors. So, it’s a balancing act. How do we do this without harming the people who are doing it without any issues, versus those who are not really following the rules because we’ve never set rules?”

Council President Denise deMedeiros read letters at Monday’s meeting expressing differing viewpoints on STRs. One resident wrote, “Taxes are high in Tiverton. Second home owners find renters who are typically families or older couples. They don’t do party rentals because they love their houses and don’t want them wrecked by renters.” Another letter writer was less supportive of STRs. “These are businesses, pure and simple. Strangers come and go. That should be prohibited in residential neighborhoods.”

At both Monday’s meeting and the August workshop, residents cited the significant economic benefits that the town enjoyed thanks to STRs.

“People spend a lot of money,” said one owner. “I don’t even have to clean my stove because no one eats here.”

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