Milton council passes rental ordinance

Milton Town Council has passed an ordinance that amends code on rentals to include a section on short-term rentals such as Airbnbs.

Council intends to go further in its attempt to regulate short-term rentals by having the planning and zoning commission look at the zoning implications of short-term rentals; this first ordinance was viewed more as a licensing measure than zoning. Council plans to pass a resolution in July that would ask for planning and zoning to come up with an advisory report. 

“This is just the first iteration of this,” said Mayor John Collier at council’s June 2 meeting. “This is new territory for the Town of Milton.”

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

The ordinance defines short-term rentals 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. 

Finally, 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.

While council was satisfied with the ordinance as a first step, council members expressed the view that the town needs to go further.

Councilman Robert Gray said he’d like to see the issue of rental properties addressed in a comprehensive plan and not in a piecemeal manner as is happening now. Gray said the ordinance has inconsistencies with how the town treats bed and breakfasts.

Looking ahead to future discussions regarding zoning, Project Coordinator Tom Quass mentioned that, as of now, the town only has 11 short-term rentals. Quass mentioned how in New Castle County there is consideration for a limit on the amount of short-term rentals to 2.5% of all residential units.

Vice Mayor Lee Revis-Plank and Councilwoman Randi Meredith raised concerns that the idea would almost exclusively affect the downtown area, as most of the outlying developments like Heritage Creek, Wagamons West Shore and Cannery Village have restrictive covenants that do not allow for short-term rentals. 

“I don’t think this kind of approach is appropriate, and I think it discriminates against people that are in these historic areas,” Revis-Plank said.

Councilman Scotty Edler said while he’s not opposed to Airbnbs, he does not want to see a large proliferation of them in downtown Milton. 

“We want to live in a community where we know our neighbors,” he said.

However, Edler said he does not want to wait around for a revision of the comprehensive development plan to start taking action. 

The rest of council agreed on that idea, and voted unanimously to pass the licensing ordinance and then assign planning and zoning to take a deeper dive into the zoning implications of short-term rentals.