The Highlands Planning Board took the next step in the process of regulating short term rental units on Tuesday.
The board approved a draft ordinance that would require all rentals in Highlands limits to be rented for a minimum of seven consecutive days. The draft ordinance would amortize “Transient Dwelling Lodging” as a non-conforming use, and thus eliminate any short-term rental of less than seven consecutive days.
“In the board’s discussions last week (Aug.2) I understood that the consensus of the board was to give a grace period regarding TDLs and then amortize them as a non-conforming use,” town planner Michael Mathis said. “What we have here would allow rentals of less than seven days for one year and then eliminate them, so all STR owners would have time to come into compliance.”
Board member Wendell Willard advocated for making the minimum rental length 14 days, but the board as a whole did not agree.
“What compromise are we making here,” Willard asked. “We are not taking a very big step to regulate short-term rentals. I don’t think a seven-day minimum stay is going to deter anyone from renting for a week, and coming up here to party for three or four days and causing problems.”
Board member Helene Seigel agreed with the 14-day minimum stay requirement, but noted that it was voted down during the drafting of the proposed ordinance.
“Really, seven days is a compromise between the 14 days we initially proposed and the zero regulations we have now,” Seigel said. “I think we are trying to meet STR owners halfway.”
Other changes in the draft ordinance include requirements for whole home STRs related to compliance with parking requirements, sanitation regulations, noise limits, and accountability.
The ordinance states that the property owner will provide one on-site parking space per bedroom. All trash shall be bagged and disposed of in a proper receptacle, which in town limits means a bear-proof trash can. All whole home STRs shall comply with the town’s noise ordinance as it applies to residential zones and the owner of the STR must be reachable any time that the property is being used as a short-term rental.
STR owners whose properties commit three violations in one 12-month period shall have their right to use the property as a short-term rental suspended for six consecutive months.
“Once again, this is a recommendation from this board to the town board of commissioners,” planning board chair Darren Whatley said. “They can choose to accept it, modify it, or do something totally different.”
A motion to send the draft to the board of commissioners passed by a 4-1 vote with Willard being the dissenter.
The proposed ordinance will be sent to the Highlands board of commissioners for review prior to their regularly scheduled meeting at 7 p.m. on Aug. 18. There will be a public hearing in front of the board of commissioners related to Unified Development Ordinance amendments in conjunction with proposed STR legislation at 5 p.m. on Aug. 25.