Article 45

Explanation:

This proposal is to add a Short-Term Rental (STR) ordinance to the Zoning Ordinance to provide clear, consistent local standards for the use of residential properties as short-term rentals. Short-term rentals are increasing in frequency and can affect neighborhood character, housing availability, public safety, and quality of life if not clearly regulated. The proposed ordinance is intended to balance private property rights with the Town’s responsibility to protect public health, safety, and neighborhood compatibility, while providing clarity for residents, boards, and staff.

Proposed Ordinance Details

ARTICLE III — GENERAL ZONING PROVISIONS  Section 3.22 Short-Term Rentals (STRs). (3–26)

A. PURPOSE AND AUTHORITY. The purpose of this Section is to allow Short-Term Rentals (STRs) in a manner consistent with the public health, safety, and welfare of the Town of Amherst. This ordinance is intended to:

1. Preserve the residential character of neighborhoods.

2. Ensure that dwelling units used for STRs comply with applicable life-safety standards.

3. Provide reasonable protection to abutters from noise, parking, overcrowding, and other nuisances.

4. Ensure the availability of a local responsible party when issues arise.

5. Establish clear and predictable regulations for the operation of STRs.

6. Ensure appropriate land-use review of STRs to evaluate parking, safety, access, and neighborhood impacts.


B. DEFINITIONS.

Short-Term Rental (STR). An accessory use to primary residential use, or occupancy of a dwelling unit, or portion thereof, for a period of fewer than thirty (30) consecutive days, in exchange for monetary compensation.

Dwelling Unit. A building or portion thereof designed, arranged, or used for residential occupancy by one family, with independent living, sanitary, and sleeping facilities.

Lodging Establishment. A commercial or quasi-commercial use of land or structures providing temporary overnight accommodations to the general public in exchange for compensation, including but not limited to hotels, motels, inns, bed and breakfasts, cabins, and similar facilities, where occupancy is not intended for permanent residence. A lodging establishment does not include a single-family or multi-family dwelling used for long-term residential occupancy.

Inn. A lodging establishment, typically located in a single principal structure or a group of related structures, providing temporary overnight accommodations to the public in individual guest rooms, and which may include accessory uses such as food service, meeting space, or events for registered guests.

Hotel or Motel. A commercial lodging establishment providing temporary overnight accommodations to the general public in multiple guest rooms or suites, typically operated under single management, and intended for short-term stays. Such establishments may include accessory services such as restaurants, meeting rooms, recreational facilities, laundry services, and parking areas.

Bed and Breakfast. A small-scale lodging establishment operated within a single-family dwelling or a residential-scale structure, where the owner or operator resides on the premises, and where temporary overnight accommodations are provided to guests in a limited number of guest rooms, typically with breakfast provided to registered guests only.

Cabin. A small, detached structure designed for temporary or seasonal occupancy, typically used for recreational or lodging purposes, and not intended for year-round residential use. A cabin may be located on an individual lot or as part of a group of similar structures under common ownership or management. A cabin does not include a single-family dwelling or manufactured housing unit.

Responsible Party. An individual designated by the property owner who is available 24 hours a day, 7 days per week, and able to respond in person to the STR location within sixty (60) minutes in the event of an emergency or complaint.

Owner-Occupied STR. A short-term rental where the dwelling is the owner’s primary residence and the owner is physically present overnight during the rental period.

Whole-House STR. A short-term rental where the owner is not present on the property during the rental period.

STR Operator. The property owner or designee responsible for ensuring compliance with this Section and all conditions of approval.


C. APPLICABILITY.

1. STRs may operate only in lawfully established dwelling units.
2. STRs do not constitute a change of use under zoning unless they meet the definition of a lodging establishment or bed and breakfast.
3. STRS are permitted as an accessory use only when compliant with this Section.
4. An STR shall be rented to one party or group at a time. The concurrent rental of rooms to separate, unrelated parties constitutes a lodging establishment, which is not permitted in residential districts.
5. STRs may be rented for no more than an aggregate of six (6) weeks or forty two (42) days per calendar year.
6. Planning Board Approval Required. All STRs require Planning Board review under Non-Residential Site Plan Review (NRSP) to evaluate parking, access, life-safety, neighborhood compatibility, and site function.
7. An STR registration under Section 3.22.5 shall not be issued until Planning Board approval has been granted.


D. PERMITTED LOCATIONS BY ZONING DISTRICT.

1. Residential Districts: STRs are permitted as an accessory use subject to compliance with this Section and NRSP approval.
2. Commercial and Industrial Districts: STRs are permitted when the underlying use is a lawful dwelling unit and subject to NRSP approval.
3. Overlay Districts: STRs shall comply with all applicable overlay requirements, including aquifer, floodplain, historic district, and wetland protection regulations. Properties within the Historic District require a Certificate of Approval from the Historic District Commission


E. REGISTRATION REQUIRED.

1. All STR operators shall register annually with the Community Development Department.

2. Registration shall include:
a) Property owner information
b) Address of STR
c) Responsible Party contact information
d) Maximum occupancy request
e) Septic approval or sewer connection verification
f) Floor plan identifying sleeping areas and egress
g) On-site parking plan
h) Copy of Planning Board NRSP approval and any conditions
i) Certificate of Life-Safety Compliance from the Building Inspector

3. No STR may operate without a valid registration.

4. A reasonable fee may be charged under RSA 41:9-a.

5. Registrations are valid for twelve (12) months and may be suspended or revoked for violations.


F. LIFE-SAFETY REQUIREMENTS.

1. STRs shall comply with all applicable provisions of the NH State Building Code, including but not limited to:
a) Smoke detectors per IRC/NFPA 72
b) Carbon monoxide detectors
c) Two means of egress from each sleeping area
d) Fire extinguisher on each floor
e) Posted emergency contact and exit information

2. The Building Inspector may conduct inspections pursuant to RSA 155-B.

3. Failure to maintain life-safety compliance may result in immediate suspension of STR operations.


G. OCCUPANCY LIMITS.

1. Maximum occupancy shall not exceed:
a) Two (2) occupants per legal bedroom plus two (2) additional occupants;
b) The approved septic capacity under NH DES approval; and
c) In no case shall occupancy exceed sixteen (16) guests at any time, inclusive of adults and children.

2. Advertising a higher occupancy than approved is prohibited.

3. The Planning Board may impose stricter occupancy limits based on site-specific conditions.


H. PARKING REQUIREMENTS.

1. Onsite parking is required.

2. On-street parking is prohibited where restricted by Town Ordinance.

3. Parking areas must be clearly designated for guests.

4. The Planning Board may require screening, improved circulation, or additional parking adjustments as part of NRSP review.


I. NOISE, NUISANCE, AND BEHAVIOR STANDARDS.

1. Outdoor quiet hours are 10:00 PM to 7:00 AM.

2. Outdoor amplified music is prohibited.

3. Trash shall be secured against animals.

4. STRs shall not create unreasonable noise or nuisance affecting neighboring properties.

5. Tents, campers, RVs, and other temporary lodging structures may not be used for guest occupancy.


J. LIMITS ON EVENTS AND GATHERINGS.

1. STRs shall not be used as a location to host weddings, parties, retreats, or other events unless separately permitted by the Town.

2. Rental agreements may not authorize occupancy or activities beyond what is allowed under this Section or by NRSP approval.


K. OWNER-OCCUPANCY.

1. Owner-occupancy is required only when individual rooms within a dwelling are rented.

2. Whole-house STRs are permitted subject to NRSP approval and full compliance with this Section.


L. ADVERTISING REQUIREMENTS.

1. All STR listings shall display the Town STR registration number.

2. Advertising unauthorized occupancy, activities, or events is prohibited.

3. No listing may represent any portion of a dwelling as a separate unit without an ADU Certificate of Occupancy (CO).


M. ENFORCEMENT AND VIOLATIONS.

1. Violations are subject to RSA 676:15, RSA 676:17, RSA 676:17-a, and RSA 676:17-b, including daily fines.

2. The Community Development Department may suspend or revoke STR registration including but not limited to the reasons listed below:
a) Repeated nuisance complaints
b) Over-occupancy
c) Life-safety violations
d) Failure of the Responsible Party to respond
e) Providing false or misleading information
f) Failure to comply with NRSP conditions

3. Revocation procedures require:
a) Written notice of violation
b) Opportunity for the operator to be heard
c) Right of appeal to the Zoning Board of Adjustment under RSA 676:5


N. PRE-EXISTING/GRANDFATHERED STRS.

1. An STR may be considered a lawful pre-existing use if the operator demonstrates that the STR was established and operating prior to the effective date of this Section and that the use was lawful and continuous.

2. Documentation demonstrating pre-existing operation may include:
a) Booking records or platform listings
b) Tax filings
c) Advertisements
d) Rental agreements
e) Utility usage patterns
f) Affidavits supported by corroborating evidence

3. Grandfathered STRs may continue only to the extent they operated prior to adoption of this ordinance. Any expansion, intensification, or change shall require NRSP review. Grandfathered STRs are required to register with the Town annually in accordance with Section 3.22.E.

4. A pre-existing STR use that ceases operation for twelve (12) consecutive months shall lose grandfathered status pursuant to RSA 674:19.


O. SEVERABILITY. If any provision of this Section is held unenforceable, the remaining provisions shall remain in full force and effect.