For more than a year, property owners who rent out rooms or homes on a short-term basis in Tiverton have been paying close attention to a proposed amendment to Tiverton's zoning code that could significantly impact the way they do business and in some cases, cause them to cease operations entirely.

At its Aug. 9 meeting, the council voted to send a revised draft amendment relating to short-term rentals (STRs) to the Tiverton Planning Board for review. This is a required step in the process to regulate these businesses, including those that advertise on online sites such as Airbnb and Vrbo.

The new regulations, if approved, will require property owners to apply for a special use permit that will allow them to operate legally. Because STRs are currently not mentioned in Tiverton’s zoning ordinance, they are unregulated and technically not allowed in town.

Prompted by citizen complaints about Airbnbs and other STRs that seemed to be opening at an alarming pace as the pandemic dragged on, the council began discussing a possible change to the zoning code in the summer of 2021. The original document created at that time has undergone a number of changes, based in part on community feedback and criticism. The current six-page draft spells out a number of provisions, including those relating to occupancy limits, property inspections, parking requirements, and advertising. It also describes fees such as an unspecified amount “to be set by the town council” at the time the special use permit application is submitted, as well as a registration fee of $1,000 per dwelling unit, to be assessed annually.

Definitions are also included.   

•A short-term rental is “the offering, occupancy, or use of all or portions of a dwelling unit, for a fee, by anyone other than the owner for a period of 30 consecutive calendar days or less, at least once per calendar year.”

•A dwelling unit excludes “temporary structures such as tents, recreational vehicles or campers…and those serviced by a cesspool.”

•A property owner offering a dwelling unit as a Short-Term Rental is one who “shall occupy the same dwelling unit, or at least reside on the same lot for a minimum of 180 calendar days per year, or be a resident of Tiverton who resides within a three-mile radius of the STR property and have owned the STR property for at least three years.”

The reasoning behind the property owner definition, said council vice president Mike Burk, is to reduce the likelihood of out-of-town individuals or companies buying up properties for the sole purpose of creating STRs. This in turn, he said, leads to less affordable housing in the community for potential buyers such as entry-level police officers, firefighters or teachers.

Once the Planning Board receives the draft amendment, it has 45 days to respond to the town council with recommendations and a report on whether the proposal is consistent with the town’s Comprehensive Community Plan.

Before final approval, the council is required to hold a public hearing on the proposal no later than 60 days from the time it submits the document to the planning board.

“This is not final,” said council president Denise deMedeiros. “People can still come in and talk to us.”

Draft Solar ordinance

A committee appointed by the town council to rewrite a draft solar farm ordinance has completed its work, and the document is now ready for planning board review.

Council member Jay Edwards, who served as chair of the Solar Ordinance Advisory Committee, said the group’s focus included a study of existing ordinances passed by other municipalities in Rhode Island and out-of-state.

The committee, which met 20 times in a six-month period, consulted with experts from URI and GrowSmart RI, a nonprofit advocacy group that promotes sustainable economic growth, and it sought advice from solar trade groups, local developers, and town officials. Members paid particular attention to the views expressed by the Planning Board and the public, Edwards said. 

When approved, the document will replace an ordinance that was adopted several years ago but repealed eight months later as critics said it lacked sufficient detail and contained erroneous information. Additionally, Edwards said, the Planning Board and citizens had problems with a replacement draft because of “inconsistencies with the spirit and intent of the Comprehensive Community Plan.”

The new draft ordinance, which is posted on the town website, will be discussed at a public hearing following Planning Board review and prior to final town council approval.