Milton council gets closer to new short-term rental ordinance

Milton Town Council is set to begin the end game of enacting a new short-term rental ordinance, sending a proposal to the planning and zoning commission for formal review.

At its Sept. 8 meeting, council accepted an advisory report drafted by the commission that laid out ideas that would be contained in the ordinance. After review by planning and zoning, council would then vote on a resolution to set a public hearing on the new ordinance, which is required since the ordinance is a change to the zoning code. 

The main recommendation is to make short-term rentals, such as Airbnbs, a special permitted use within the zoning code. 

In its advisory report, the commission compared Airbnb-type rentals to bed-and-breakfasts, which are also a special permitted use. Short-term rentals would be eligible for a permit in most residential and commercial districts. A special permitted use requires an applicant to provide a legal description of the property, a site plan and any other information related to the proposed use. The application is also subject to a public hearing and a vote by the commission. 

The issue of short-term rentals in Milton resulted from the rise in Airbnb and Vrbo properties, and concerns this will lead to the town becoming inundated with vacation rentals instead of owner-occupied properties. Town council has expressed a desire to get ahead of the issue before it becomes a bigger problem.

At council’s Sept. 8 meeting, Mayor John Collier said the commission’s recommendation makes sense in that it requires public notice for anyone trying to have a short-term rental, but does not prevent anyone from trying to have one. 

“I think this is a pretty good approach,” he said. “That way, every one of them gets evaluated as it comes.”

Councilwoman Randi Meredith said she thinks there are valid points made by people who do not want what is essentially a commercial business operating in their neighborhood. She said this ordinance would mainly affect the historic district, as outlying developments like Heritage Creek and Wagamons West Shore have restrictive covenants that do not allow homes to be used as short-term rentals. Meredith said the commission’s recommendations make sense, as they allow people to have short-term rentals but also set conditions to limit them from becoming too widespread.

Vice Mayor Lee Revis-Plank said her preference is to see short-term rentals limited to one per block in the historic district. She also wondered if residents within the town center and historic district could do what the outside developments do and form a homeowners association and create their own restrictive covenants. 

Councilman Scotty Edler said the commission’s recommendation is a good first step and a middle ground that allows people to have their property rights while also giving public notice before the short-term rental ordinance becomes active. 

“At least you’ll be notified, and if you do have some kind of issue with it, you can get your opinion out there. Instead of, ‘This person just sold their house and now it's an Airbnb,’” he said. 

Council previously passed an ordinance in June that spelled out a licensing procedure for short-term rentals. The ordinance defines short-term rental as a residential dwelling unit that is rented for 30 consecutive days or fewer. The maximum occupancy of a short-term rental would be two people per bedroom, with an exception for children 6 years old or younger. The rental must have a local contact person available 24 hours a day to take phone calls about potential problems and to be physically present on the property within one hour.

Complaints would be handled at town hall during regular business days or by the police at all other times. Both town hall and the police will have the telephone number of the local contact person. Guests at short-term rental properties cannot hold commercial activities or events open to the public, and the owner is responsible for providing a good neighbor brochure, which the town would provide, to every renter. Advertising for the rental must include information such as the occupancy limits, prohibition on commercial activities and parking regulations. Three or more violations of town regulations on short-term rentals would be grounds for the unit’s license to be revoked and have a new license delayed by one year.