Jaffrey is proposing zoning changes that would require a special exception permit for residents to operate short-term rentals, including through services such as Airbnb or HomeAway.
During its meeting on Tuesday, the Jaffrey Planning Board discussed three possible zoning amendments, the most-substantial of which was the language surrounding short-term rentals.
Ultimately, the board agreed upon the wording of two of the proposed amendments, voting unanimously to send them to ballot in March for voting. The discussion on short-term rentals, however, elicited enough changes to require a second public hearing, which has been scheduled for January.
The amendment includes adding definitions for short-term rental and transient occupancy. A short-term rental is a dwelling or portion of a dwelling used for lodging paying guests for less than 30 consecutive days. Similarly, a transient occupancy is paid occupancy of a dwelling or sleeping unit for less than 30 consecutive days.
In the new language, short-term rentals would be allowed by special exception in the Rural District, Residence A, Residence B, the General Business and General Business A districts – essentially, in all districts that allow residential use.
The new language would require that in addition to a special exception, the operator must register it as a home-based business with the town building inspector, and be registered with the Department of Revenue Administration to obtain a Meals and Rooms license, which must be included with any advertisement for a short-term rental.
The board was in agreement with those changes, but some members took issue with another proposed change, which would have banned using accessory dwelling units for short-term rentals. Accessory dwelling units are small apartments built on a property with an existing residence, and are often used for intergenerational living or long-term rentals.
Originally, the proposal stated that an accessory dwelling unit could not be used for short-term rentals or other transient uses. Planning Director Jo Anne Carr explained that the intent of allowing accessory dwellings was to increase the town’s rental options, without the need for large developments. She said other communities have had issues with long-term rental properties being taken up by short-term rentals.
Planning Board member Laurel McKenzie said she was aware of the need for rentals in Jaffrey, but said it felt like an overstep to ban accessory dwelling units as short-term rentals.
“I think people should be able to do what they want with their property,” McKenzie said.
The board agreed to strike that language. Any substantive change in the proposed amendments requires a second hearing, which the board scheduled for Jan. 10 on the short-term rentals amendments.
Two other proposed changes were also reviewed on Tuesday, and the Planning Board agreed unanimously to send both items to the warrant after a short discussion.
In one of the amendments, the town eliminated its current language regarding senior housing, which was its own section. In the proposed amendment, the town would add to the language surrounding workforce housing.
Currently, in General Business A and Residential B district, where water and sewer are available, there is a maximum density of six units per acre, but an additional two are allowed if those two are workforce housing units.
The amendment would extend that same extra two-unit exception for senior housing, but the board was clear that two was the maximum number of additional units, whether they are both workforce, both senior housing or one of each.
Senior housing is already defined in the code as housing provided under any state or federal program specifically designed and operated to assist people and solely occupied by people 62 or older.
The amendment also added language to require that senior housing be compliant with the New Hampshire Fair Housing Act.
The second change is to correct an error of omission in the code. The current wording in the zoning ordinance for the Residence A District (west) does not precisely match the zoning maps for that district, Carr explained. The wording will be updated so that the boundaries match those maps.
All zoning changes must be voted on at the ballot in March and pass by a majority vote before being enacted.
Ashley Saari can be reached at 603-924-7172, Ext. 244, or asaari@ledgertran script.com. She’s on Twitter @AshleySaariMLT.