Log on to AirBnB, and you can find all kinds of interesting places to stay in Tiverton for one night, or a week: The old Schoolhouse No. 1 at Tiverton Four Corners, built in 1800. A World War …
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Log on to AirBnB, and you can find all kinds of interesting places to stay in Tiverton for one night, or a week: The old Schoolhouse No. 1 at Tiverton Four Corners, built in 1800. A World War II-surplus quonset hut near Seapowet that was once used to store ammunition will run you nearly $800 per night — "all the ammunition has been cleared out," the ad promises. And dozens of other properties ranging from small apartments, single rooms and high end waterfront parcels with beach access.
The only problem? They're all illegal here.
Town officials have never regulated such rentals but that could change soon, as the Warren Town Council last week set a workshop for September to review a proposed ordinance recently developed by the town solicitor. When they're done, a draft will be sent to the planning board for review, and then will head back to the council for first and second readings, and at least one public hearing on the night of the second reading.
Short term rentals, like those marketed by AirBnB, are big business. They allow present and absentee property owners to rent out their homes, rooms and other dwelling spaces for short stays and earn substantial returns on their property. But like many towns, Tiverton is still the wild west of short term rentals, with no regulation over how they should be operated. And that's the problem, Tiverton Town Council president Denise deMedeiros said. She mentioned the old Essex Library, which the town sold a decade ago and was briefly marketed by its new owners as a short term rental, as the town's first experience with the practice.
"That's when it came up that we don't have an ordinance," she said. "It (renting out of the old library) never ended up happening. But there's a lot of concerns about these places. We have to have an ordinance because it's illegal in residential areas. But if we enforce it, there're some people that are concerned because they've been doing this forever."
Still, she said, the idea for proposing an ordinance is not strictly to restrict or prevent short terms — it is to regulate the practice to prevent the problems many other places have seen with them, including unhappy neighbors, the impact on septic systems from overuse, and many other concerns, she said.
"It's a big one," she admitted. "There's going to be controversy on this. People have called me about it, but what's existing right now is illegal. That's why we're doing this, so owners can do it, but we're putting restrictions on it."
The council earlier this year directed town solicitor Michael Marcello to review what other nearby towns have done. He looked at existing regulations in Portsmouth, Newport and other nearby towns, and presented a draft plan for discussion at last week's meeting.
Among the proposed regulations:
— A special use permit would be required for all short term rentals, defined as properties that are rented out for 28 consecutive calendar days or less, at least once a year. They are not allowed in the highway commercial, industrial and open space/conservation zones.
— The owner of a dwelling unit renting it out short term must occupy the same unit, or at least the same parcel, at least 260 days per year.
— Residents must apply and register for a special use permit with the zoning official every year, and the property is subject to inspection. An annual registration fee of $100 is required.
— All special use permit applications should include a local representative who "shall respond immediately to Tiverton officials in cases of complaints."
— Short term rentals "shall not be used in such a manner that is inconsistent with the abutting properties' uses, nor in such a manner that it creates a nuisance."
— Short-term rentals "shall not be used to host an event, party or other amusement except as may be expressly approved" by the town.
— Renters must furnish visible fire extinguishers, leave documentation addressing concern for neighbors, and avoiding nuisance behaviors and activities.
— Renters must furnish, on request from the town council, "a full copy of all rental data" a listing of nights rented, and gross revenue figures.
— The zoning official will have the power to enforce any conditions placed on any short term rental.
— Those whose properties are the subject of repeat violations are subject to fines. In addition, "after three such citations or police reports or more for similar nuisance or other improper conduct, or two or more violations of conditions imposed on the special use permit ... the zoning official may revoke the special use permit. In lieu of revocation, the officer can impose a minimum fine of seven days of maximum potential revenue for the listing, per day of non-compliance."
— All violations will be adjudicated by the Municipal Court of the Town of Tiverton.
Ms. deMedeiros said the town will take the time needed to get the ordinance right. As the busy summer season is winding down, "in my opinion there's no need to rush this one."