Determination
Within the Residential/Agricultural Zone, short-term rentals shall be classified under the Bed & Breakfast land use category. Short-term rentals that host special events shall be classified as Function Facilities.
Bed & Breakfasts and Function Facilities are land uses that require:
- Site Plan Review by the Moultonborough Planning Board
- Special Exception approval by the Moultonborough Zoning Board of Adjustment
Whether these land use(s) constitute a primary use or an accessory use shall be determined by the applicable board.
Additional approvals may be required if the property is located within an overlay district or a flood hazard area. Further, the applicant may be required to amend their approved NHDES residential septic permit where increased occupancy results in wastewater flows exceeding the originally approved septic design capacity.
Background
There have been citizen complaints alleging zoning violations exist when a short-term rental operates without municipal permitting. These complaints prompted an internal review of the Town’s Land Use Ordinance to determine how short-term rentals can be addressed.
The Town Planner acknowledges ambiguity exists within the ordinance, as there is no land use category specifically called “short-term rental.” The Town Planner further acknowledges an inconsistency regarding how short-term rentals have been handled in previous years. As this is a relatively new land use category, this is a common issue facing NH municipalities.
While short-term rentals are sometimes regulated as Dwelling Units, such classification is expressly prohibited under Moultonborough’s ordinance due to the transient occupancy limitations contained within the definition of Dwelling Unit. The definitions for transient lodging most closely align with the Bed & Breakfast category.
There is no ambiguity with respect to special events, which fall within the Function Facility land use category. Any short-term rental that also advertises itself as a venue for weddings, family gathers, or other public assembly falls within the definition of Function Facility.
Any land use not expressly listed as permitted—either by right or by special exceptions—is prohibited. By connecting short-term rentals with a Bed & Breakfast, this addresses the town’s capacity to regulate this land use.
Appeal
Any action or decision of the Town Planner may be appealed to the Zoning Board of Adjustment pursuant to RSA 674:33 and RSA 674:44, with further appeal to the Superior Court pursuant to RSA 677:15. Administrative Determination are posted online, displayed on the public bulletin board located at the town offices, distributed to affected parties, and reviewed in public session(s).
Charles H. Wise Jr., AICP, CFM