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Old 03-14-2019, 10:36 PM   #140
Riviera
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Quote:
Originally Posted by Red apple View Post
Looks like they are cracking down on rental homes in Laconia.
There are many arguments to this debate. You have to look at some of the old/new assumptions:

1. Zoning. Zoning was established to assure that reasonably compatible land uses were/are located in contiguous geographic locations. As an extreme example, the goal was to avoid having a commercial junk yard located next to a permanent single family residence. As zoning evolved, the land uses were further segregated, such that uses akin to apartment buildings, or resort buildings, were/are not allowed next to single family residences.

2. Single Family Zoning. Many years ago, most communities developed a zone (or zones) that allow for "single family residential" zoning. Historically, the properties in these zones were utilized as "single family - owner occupied", or less commonly, "single family - monthly/yearly lease". Prior to such technology as AirBNB, it was rare that a property in a single family zoning district would be rented on a short term weekly or daily basis.

3. Zoning Purpose. The purpose of zoning was to allow property owners to purchase property in a location where they could have a reasonable expectation as to the neighboring uses. Very few people would want to establish permanent residency next to a junkyard. Zoning is a mechanism that allows a property buyer a reasonable expectation as to what sort of neighboring use they might expect. (Remember, nobody can pick their neighbor!)

4. Zoning Argument. At one extreme, there is, and always will be, a % of the population that will argue that their individual property rights should not be encumbered by zoning. That said, most people have a fundamental belief in zoning, even if they don't believe in the specific zoning ordinances that might encumber their own property.

5. Current Technology. The advent of websites such as AirBnB allows for the relatively simple marketing/purchasing of short term (weekly/daily) rentals in areas that previously saw few, if any, short term rentals. In some instances, these short term rentals are occurring in "single family" zoning districts that have not seen any short term rental (and little long term rental) use in years past.

6. A "Neighborhood" Perspective. People that live in most residentially zoned neighborhoods look at it from the perspective of their own personal home. Most of us (not all of us) live in an area that has, historically, been occupied by long term owners, or long term rentals. Most people are not accustomed to having their neighbors change on a weekly basis. For many people, the stability of neighboring properties allows for a certain degree of presumptive quiet enjoyment.

7. A "Property/Investment" Perspective. In the last couple of years, people are purchasing what has has historically been owner occupied property with a full/partial financial objective. The goal is to recognize a certain return on investment, through short term rental.

8. The Conundrum. A small, but rising, percentage of historically permanent residences in single family zones are being rented/occupied on a shorter term basis. If you buy your dream home in a "single family" zone, should you expect that your neighboring property might be rented to ever changing owners on a weekly/weekend basis? Conversely, if you buy a property in a single family zoned district, that does not have an zoning established minimum rental period, should you be limited in your financial right to rent the property on a short term basis?

There is no perfect answer to the conundrum, but I believe the City of Laconia is going to have a contend with a difficult task. The "it's only a problem if we hear a problem" approach is not going to work. There are too many personalities at stake to fairly implement this interpretation to the current zoning ordinance.

I am of the opinion that Laconia (and every other City with resort type appeal) is going to have to take a harder look at their ordinances, and set definitive allowable rental periods in the various zones. They may even need to expand their zones, allowing for the fact that certain "single family" neighborhoods (ie, Paugus Park .... with tight density single family waterfront) have been more prone to short term rentals in the past, and therefore may be more appropriate for short term rentals in the future. Conversely, I think that there should be other single family residential areas with tight restrictions on short term rentals, such that those buyers seeking a more stable occupied neighborhood, can buy in such a neighborhood, without the expectation that an adjacent home might be operated on a more commercial, short term basis.

Note that I know there are exceptions to every rule. I am certain that there are well intentioned/proactive owners of AirBnB type residences that can/will assure that their renters will be good neighbors. That said, there are those owners that will not be so proactive, and will create the occasional nuisance to the adjacent permanent residences.

The bottom line is that zoning can't regulate the people/personalities, they can only regulate the use. Communities are going to have to come to grips with the fact that they need to further define their use regulations, allowing for all of the economic and quiet enjoyment variables that go along with zoning ordinances.

My hope is that the officials will see fit to find a way to amend the ordinances, such that they allow some degree of economic benefit from the AirBnB type phenomenon, coupled with a strong commitment to creating stable quiet neighborhoods for long term residents.

No matter what they do, they are going to irritate a lot of people. They just need to look at it with a practical eye, and make the best possible business/political decision for the community.
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