PORTSMOUTH — A large turnout is expected for a public hearing on Monday, March 25, on proposed changes regarding local short-term rentals that are typically booked through companies such as Airbnb or Vrbo.

The hearing, which will consider adoption of amendments to both Portsmouth’s zoning ordinance and its Short-Term Rental of Residential Dwellings Ordinance, is scheduled for 7 p.m. in the Kate Grana Auditorium at Portsmouth High School. The hearing will be part of the Town Council’s regularly scheduled meeting.

Under the proposed amendments, “the rental, lease, or other contractual arrangement for the occupation of a (residential) dwelling unit by a tenant for residential and/or dwelling purposes, for any period of less than 31 consecutive days,” would not be permitted in R-10-zoned properties. 

R-10 residential districts, which have a minimum lot size of 10,000 square feet, are especially common in Island Park and Common Fence Point, where any adopted changes would have the greatest impact.

Under the proposed amendments, the rental, lease or other arrangement for the occupation of an accessory dwelling unit for the same short time period would also be banned in an R-10 zone.

Short-term rentals of dwellings or accessory units would be permitted in R-20, R-20, R-40, and R-60 zones. They would not be permitted in commercial, light or heavy industrial, waterfront, or the Town Center districts.

Other changes

The proposed amendments to the Short-Term Rental Ordinance include:

• revisions to the definition of “bedroom” and the addition of definitions of the terms “host” and “occupancy classification.”

• revisions and additions to the registration and inspection requirements.

• revisions to the registration filing date and term provisions.

• revisions to the registration fee requirements and the addition of fire and life safety inspection fees.

• revision of occupancy limits provisions.

• revision of owner’s obligations provisions to add insurance requirements.

• revision of local representative provisions.

• addition of certain prohibitions of short-term rentals.

• revision of enforcement and penalty provisions.

The full text of the proposed amendments is available at the Portsmouth Town Clerk’s office from 8:30 a.m. to 4:30 p.m., Monday through Wednesday; from 8:30 a.m. to 6:30 p.m. on Thursday; and from 8:30 a.m. to 2:30 p.m. on Friday. 

It is also available online by clicking here.

Longstanding issue

This isn’t the first time the Town Council has wrestled with the short-term rental issue. 

After a three-hour public hearing in April 2018, the council voted unanimously to adopt an ordinance aimed at regulating the proliferation of short-term rental properties, after some abutters had complained about parking issues, noise, drinking and other problems they said had lowered their quality of life. 

The ordinance passed in 2018 requires owners of short-term rental properties to register with the town, abide by occupancy limits, provide enough off-street parking for renters and to follow several other rules.

Some rental owners at that hearing called the new rules too restrictive, however, and said they were being punished due to a few bad apples. The council made several changes in their favor — such as lowering the originally proposed registration fee of $100 per bedroom to a flat fee of $100 per rental unit — before approving the ordinance.