short term rentals

Zoning Rules that Provide Limitations and Restrictions on the Manner of Using Travel Trailers Interpreted to Permit Short-term Rental of Such Trailers

The Hoekstras own a single-family home in the residential district in Sunapee and maintain a travel trailer on their property they use as a short-term rental.  The town’s zoning administrator notified the Hoekstras the use of the travel trailer as a short-term rental was prohibited under the local zoning provision that states that any use not specifically permitted is prohibited.  The Hoekstras appealed that determination to the Sunapee ZBA which upheld the zoning determination.  The Housing Appeals Board upheld the decision of the ZBA. 

Under the Definitions Provided by the Conway Zoning Ordinance, Short-term Rentals are Allowed in the Residential District.

The defendant owns several properties in the residential district of the Town of Conway that he rents for periods of time as short as a single night. In June 2021, the Town sought a declaratory judgment ruling in superior court that the zoning ordinance prohibits short-term rentals (STRs) like these in residential districts if the rentals are not owner-occupied. The superior court ruled against the Town and the Town appealed.

Owner-Occupation Requirements in Local Zoning Ordinance Can Limit Impact of Short-Term Rentals on Local Real Estate Market

The plaintiffs own two properties in the Kearsarge Lighting Precinct (KLP) that they use as short-term vacation rentals and have dumpsters outside. In September 2017, the Board of Commissioners held a public hearing on vacation property rentals and dumpster violations. KLP has a zoning ordinance provision requiring owner-occupation of residential properties that offer sleeping accommodations (Guest Provision), and a provision requiring that dumpsters meet setback requirements and be enclosed by a privacy fence (Dumpster Provision).