The ordinance below was proposed by Town Manager Michael Malaguti at the the 9/16/2024 Town Council Meeting. The Town Council by a consensus vote has agreed to move forward and formalize the ordinance. The ordinance would require a public hearing before adoption by the Town Council.
Ordinance 2024-_
Adopting the
LONDONERRY SHORT-TERM RENTAL ORDINANCE
WHEREAS New Hampshire communities have struggled to adapt to the prevalence of the short-term rental of dwelling units, which may negatively impact the health, safety, and quality of life of residents if appropriate regulations are not implemented; and
WHEREAS while vacation communities on the seacoast and lakes have been more significantly impacted, Londonderry has not been immune from these complaints; and
WHEREAS the Town Council, upon the recommendation of the Town Manager, wishes to enact a simple permit requirement for short-term rentals, so complaints and concerns can be addressed in the most efficient manner.
NOW THEREFORE BE IT RESOLVED by the Londonderry Town Council that the following Short-Term Rental Ordinance is hereby adopted.
LONDONDERRY SHORT-TERM RENTAL ORDINANCE
Section 1. Purpose. The purpose of this Ordinance is to regulate the impact of short-term rental of dwelling units by establishing a permitting system to ensure short-term rentals are conducted in a manner that promotes the health, safety, and welfare of the community and the neighborhood in which the use is conducted, protects property values, and ensures appropriate use of natural and municipal resources.
Section 2. Applicability. This Ordinance applies to short-term rentals, defined as follows: “The rental of a dwelling unit for periods of up to thirty (30) consecutive days to transient occupants, lodgers, or guests, and where the use does not constitute a hotel, motel, bed-and-breakfast, or other similar use.”
Section 3. Permit Required. No dwelling unit shall be rented or offered for rent as a short-term rental without first submitting an application and obtaining a permit from the Building Department on a form provided by said department. Among other information required, the applicant shall supply the owner’s mailing address, phone number, and contact information, and shall immediately notify the Town upon change of any such information.
Section 4. Emergency Contact Required. The applicant shall supply the name, address, and twenty-four (24) hour contact phone number for the owner or owner’s agent who can be contacted in case of emergency or complaint, and who must be able to respond to the site within sixty (60) minutes if requested.
Section 5. Notice Required. Each short-term rental must have a clearly posted and legible notice, on or adjacent to the front door, indicating the property is being used as a short-term rental, and containing the owner or owner’s agent’s twenty-four (24) hour phone number.
Section 6. Owner Responsible. Short-term rentals shall not interfere with neighbors’ peaceful enjoyment of their property and shall comply with all applicable provisions of the Town’s Noise Ordinance. The owner is responsible for violations of the Noise Ordinance occurring at the property being used as a short-term rental, and violations of said Noise Ordinance shall constitute a violation of this Ordinance punishable by the penalties referred to below. Use of a property as a short-term rental without the required permit, including after revocation of a short-term rental permit, shall constitute a violation of this Ordinance.
Section 7. Violations and Penalties. Without limiting the relief available to the Town, violations of this Ordinance shall be subject to prosecution as a violation under applicable law, and subject to a daily fine of $1,000 for each day the violation continues. Violations of this Ordinance are also subject to revocation of the short-term rental permit.
Section 8. Effective Date. This Ordinance shall be effective upon its passage.