Public Works, Planning & Development Standing Committee of the RTM Special Meeting Materials (linked)

BACKGROUND INFORMATION
ON
SHORT TERM RENTALS

Part | — Defining the Issue:
Southeastern Council of Governments Memo re: STR
Northwest Connecticut's Regional Planning Organization (NHCOG) Memo on STR
CT Office of Legislative Research Memo on STR
CT Chapter of the American Planning Association Memo on STR
Host Compliance “A Practical Guide to Effectively Regulating Short-term rentals on the
Local Government Levei”
Excerpt from Rathkopf’s The Law of Zoning and Planning
Part Il - News Articles re: STR and Communities’ responses
Part lil - Samples of Adopted or Drafted Regulations
Simsbury
Greenwich
Chester
Part IV — Guilford’s Invitation to use STR

INN | Southeastern Connecticut
5 CCO ( ) Council of Governments
Short Term Rental Regulation in Connecticut
Prepared by Justin LaFountain, CZEO, Planner II
September, 2019
Short term rentals, or STRs, (known colloquially by their brand names such as ‘Airbnbs’ and
‘VRBOs,’ short for ‘Vacation Rental By Owners’) are currently a growing segment of the travel
market. Locally, Connecticut has seen a significant increase in the number of hosts of STRs in the
past several years. Per the Hartford Business Journal, Airbnb alone had nearly 6,000 hosts in
Connecticut between Memorial Day and Labor Day of 2019, hosting approximately 93,300 guest
stays in that period (20,400 of which were in New London County). That represents a significant
increase since 2016, when 1,600 hosts were registered statewide.? These figures, while notable,
are just a small piece of the global supply of short term rental units:
“The sharing economy, including short-term accommodations, is growing
fast. Already, Booking Homes (part of the Booking Holdings Group) has
over 5.6 million listings in 227 countries, with an average of 1.5 million
room nights booked daily; Airbnb has over 5 million listings in 191
countries, with goo million cumulative guest arrivals.”
It appears that, while people of all ages utilize STRs, the accelerating popularity of such rentals is
fueled by younger travelers, and millennials in particular. According to Conde Naste Traveler,
seven in ten millennial business travelers express interest in staying in short term, locally hosted
rentals.’ The continuing growth of this market presents distinct challenges and possibilities for
municipalities within Connecticut.
Short Term Rental Challenges
There are common concerns that are associated with the presence of STRs within communities.
Some residents and local governments become concerned that the character of residential
neighborhoods will change dramatically with the spread of STRs due to an increase in traffic and
' Hartford Business Journal. “Airbnb: CT Hosts Eam Record $27M in Summer Rentals.” September 2019,
hi s://www.hartfordbusiness.com/article/airbnb-ct-hosts-eam-record-27m-in-summer-rentals
2 Hartford Courant. “Airbnb Brings Connecticut Millions in Tax Revenue, But This Town Is Saying ‘No."” August 2018.
https://www.courant com/news/connecticut/he-news-airbn! ~tax-revenue-20180807-story.html
3 The Wharton School of the University of Pennsylvania. “How the Sharing Economy Is Transforming the Short-term Rental
Industry.” February 2019, https://knowledge.wharton.u enn.edu/article/short-term-rentals-the-transformation-in-real-estate-and-
travel-set-to-check-in/
‘ Conde Naste Traveler. “What Millennials Can Teach Us About Business Travel.” March 2017.
httpsy/www.cntraveler.com/story/what-millennials-can-teach-us-about-business-travel

parking issues. Noise concerns are also common, as neighbors can become anxious that STRs will
turn into loud houses where parties are routinely held by visiting renters. There are also wider
concerns that STRs may not be safe for visitors if the renters are packed into areas that would
not otherwise be suitable for overnight habitation, especially since STRs are not inspected in the
same way as officially designated motels and hotels. Particularly in areas with housing shortages,
there are worries that STRs will further decrease the number of housing units available for long
term residents.
Places to stay in Lisbon
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werwwk 12 Sucerrost -Dewntls Wwe WIHT Suparcoe -Deratly REHKH SE Speerase Dewars
A search for short term rentals in Lisbon, CT reveals numerous houses, apartments, and other
accommodations near the town shown in this screenshot from https://www.girbnb.com/s/Lisbon--CT.
Taken on August 30, 2019.
Benefits of Short Term Rentals for Municipalities
Based on the potential for issues arising, some municipalities may be tempted to prohibit short
term rentals entirely, but many potential neighborhood issues could be addressed with the
preparation of regulations or ordinances (indeed, noise concerns are likely already addressed in
municipal noise ordinances). Safety concerns can also be addressed with a rental inspection
program and specific requirements for rentable rooms.
There are benefits, primarily economic in nature, which can be attained by communities that
have regulations or ordinances permitting STRs. The Wharton School of the University of
Pennsylvania notes that “governments that look ahead and adapt to these developments [short

term rentals] will derive substantial benefits for their economies and their communities.”> By
permitting STRs, communities that have limited or no conventional lodging can open themselves
up to tourism dollars that would not otherwise be available. Municipalities that do have
conventional lodging stand to gain from visitors who are looking for a more personalized travel
experience. Additionally, by hosting a short term rental, permanent residents can supplement
their income and consequently be in a better financial position to maintain and improve their
home. Between Memorial Day and Labor Day in 2019, Airbnb hosts in Connecticut earned a
collective $27 million, a 30.4% increase from the same timeframe in 2018.6
Current Short Term Rental Law in Connecticut
At this time, the State of Connecticut has no legislation in place regulating short term rentals
statewide (other than a room occupancy tax rate of 15 percent”). While bills containing rules and
regulations for STRs was proposed during the 2019 Legislative Session (House Bill 6937 and 7177),
it died in committee. It is not inconceivable that the State Legislature will introduce relevant bills
in future legislative sessions, but it is currently left to individual municipalities to decide how best
to regulate (or not regulate) these types of rentals. This provides local governments with the
opportunity to tailor STR laws to their unique community concerns and goals. There are generally
three options municipalities utilize to address STRs: regulation through local zoning regulations,
regulation through municipal ordinances, or by maintaining a status quo without establishing any
new STR-specific laws. Each of these options presents distinct benefits and challenges, and are
outlined briefly in the following sections.
Short Term Rental Regulation via Zoning Regulations
Several municipalities in Connecticut have chosen to regulate short term rentals through their
local zoning codes (these municipalities include Hartford and Preston). Zoning regulations have
the ability to allow STRs in certain zones only, and can also allow the Planning and/or Zoning
Commission to review site plans for the proposed use to ensure adequate parking and other site
improvements are in place which the Commission has deemed necessary. Approvals through
zoning would run with the land, until the use is expressly discontinued/abandoned by the
property owner. There are certain characteristics of zoning that could limit the ability to
effectively govern STRs:
* Zoning regulations are enforced by local zoning enforcement officers, who routinely work
at most a Monday-Friday basis and rarely at night, when most noise and parking
complaints would occur.
« In some cases, properties have been rented out as STRs by owners for decades. This can
create an issue of legal non-conformities where new regulations would not apply to
homes that have been rented for many years.
5 The Wharton School of the University of Pennsylvania.
Industry.” February 2019. hitps://knowledge, wharton.upe:
travel-set-to-check-in/
6 Hartford Business Journal. “Airbnb: CT Hosts Eam Record $27M in Summer Rentals.” September 2019.
ht s://www.hartfordbusiness.com/article/airbnb-ct-hosts-eam-record-27m-in-summer-rentals
7 CT Dept. of Revenue Services, Policy Statement: Room Occupancy Tax on Short-Term Rentals, 2017, https://portal.ct.gov/-
/media/DRS/Publications/pubsns/2017/PS20173pdf pdffla=en
“How the Sharing Economy Is Transforming the Short-term Rental
nn.edu/article/short-term-rentals-the-transformation-in-real-estate-and-

Short Term Rental Regulation via Municipal Ordinance
The legislative body of a municipality could choose to adopt an ordinance pertaining to STRs,
which could require an owner/operator to obtain a license and follow certain criteria. This
process would have several distinct advantages over zoning, Complaints could be addressed to
local law enforcement who would be able to respond on weekends and off-hours. Additionally,
by requiring a licensing process, renewals could be required, and a new license would be required
for new property owners. This would eliminate any ‘grandfathering’ issues that could arise
through zoning. However, local Planning and/or Zoning Commissions would not be involved in
approving site plans to ensure parking and other site requirements are being reviewed by the
Commission with that expertise.
Maintaining Status Quo
Some municipalities have chosen, at least temporarily, not to update any regulations or
ordinances and instead to classify STRs as traditional bed and breakfasts or boarding houses and
regulate them as such. In some cases, this requires special permit or site plan approval from the
Planning and/or Zoning Commission. Other municipalities have chosen not to regulate STRs at
ail, continuing a tradition in those communities of unregulated short term rental. Still others have
taken the position that as STRs are not expressly permitted in their zoning regulations, they are
prohibited. These solutions all come with their own challenges and benefits. While it is easier not
to draft and approve any new standards for STRs, current regulations and standards rarely
address the issues inherent in these uses. STRs are not exactly like traditional bed and breakfast
establishments or boarding houses, and as such new regulation ts likely warranted. Additionally,
if the anticipated continued growth in STRs does indeed comes to pass, municipalities would
most likely want to have some safeguards in place to ensure smooth operation.
Conclusions and Future Actions
Of the options outlined above, regulation of STRs through a municipal ordinance seems to
present the greatest number of benefits with the fewest drawbacks. It would allow for more
effective enforcement, and also eliminates any issues of grandfathering that may arise from
zoning regulations. While the Planning and/or Zoning Commission would likely not have a chance
to review the site, specific site criteria could still be built in to the ordinance which would prevent
people from obtaining a license to Operate an STR if the site requirements are not met.
For the foreseeable future, STRs will be present and likely growing in number and popularity. This
expansion will impact municipalities nationwide and in Connecticut. It is therefore important for
southeastern Connecticut municipalities to determine if and how to best regulate STRs locally,
sooner rather than later,

Regulating Short Term Rentals
Research by Jocelyn Ayer, NHCOG
August 2017
What is a short-term rental?
A short-term rental refers to a room or housing unit that is rented to a person or group for
a short period of time, typically under 30 nights
Short-term rentals are not new
Aine Veo The Short-Term
HomeAway have made it ~Rental:‘Debate
much easier to match renters
with hosts so the number of
short-term rentals has risen
dramatically in many of our
NWCT towns, especially
those with many “weekender”
or second homes.
What issues arise with short
term rentals and how can
they be regulated?
There is no one-size-fits-all
short term rental! regulation,
Each town should consider its
objectives and its ability to
enforce a new regulation, and
include resident stakeholders
in the discussion of possible
regulatory solutions.
OBJECTIVE EXAMPLE REGULATORY APPROACH
Housing Availability | Only allow permanent” residents to operate short term rentals,
Disallow rentals in subsidized housing,
Neighborhood Set a limit on the number of short term rentals per neighborhood
Preservation or cap the number of nights per year a unit can be rented. Ban
Signs.
Protect Quality of Require adequate parking and garbage disposal.
Life Require hosts to post noise ordinance.
Require a local contact person,
Safety Require hosts to apply basic safety precautions such as working
smoke detectors in every bedroom, a carbon monoxide detector,
and an evacuation plan that identifies all exits,
Source: Adapted from “Addressing the Growth of Short-Term Rentals" National APA conference
presentation,

If towns are considering regulating short-term rentals we would encourage them to
consider regulating them through a municipal ordinance rather than through the town's
zoning regulations. “Many municipal codes prohibit residents from hosting short-term
guests in exchange for payment unless residents comply with all regulations applicable to
commercial hotels and bed & breakfasts, Such regulations can (if enforced) effectively
ban short-term rentals. A growing number of cities and counties have crafted local
ordinances that both legalize some form of Short-term rentals and impose limitations and
regulatory processes that protect public interests, *##
What’s happening in other Connecticut Towns?
Within NHCOG towns:
Warren- concerns about second homeowners buying up available properties and
using them as income properties by renting them as short term rentals, year around,
and short term renters using resident amenities (access to Town Beach, etc); currently
allow B&Bs by special permit so any property that is listed on Airbnb that says it
serves breakfast or is available for events must apply for a special permit.
Norfelk- concerns from local inn about competition; due to having Yale School of
Music students coming to Norfolk in the summers, the town has long allowed renting
up to two bedrooms in an owner occupied dwelling; not sure how to best deal with
non-owner occupied dwellings being rented, not a big issue at the moment
Salisbury- resident/neighbor complaints about noise, trash, other nuisances
Cornwall. concerns from local inn about competition; PZC studied this issue in depth
and determined that they do not have the budgetary and staff resources to monitor and
enforce a short term rental zoning regulation.
Falls Village- concems from local inn about competition
Outside NHCOG (as of April 2017):
Woodstock, CT - treating short term rentals the same as a Bed & Breakfast, require
home occupation permit for this,
Newington, CT - treating short term rentals the same as a Bed & Breakfast, Bed &
Breakfasts are not allowed in residential zones,
Ridgefield, CT- treating short term rentals the same as a Bed & Breakfast which
requires a Special Permit.
Canton, CT- treating short term rentals the same as a Bed & Breakfast which are
permitted as of right in residential districts,
Stonington, CT- Planning & Zoning Commission decided that the town’s zoning
code does not regulate short term rentals, “The town attorney’s opinion is that the
tenure and duration of the use of single family residences would overstep the zoning
authority,” the Town Planner (Vincent) said. “The zoning regulations don’t include
the regulation of tenure and duration of use for single family dwellings.”
Vincent said his analysis showed an ordinance would be the most effective way to
manage short-term rentals because zoning only assigns permits to the land but not to
the operator of a business, The town’s economic development commission will work
with the P&Z to draft an ordinance,”
Are short term rentals subject to the state’s room occupancy tax (like hotels)?
In June 2016, the state reached a deal with Airbnb so that the company now collects the
state’s 15% room occupancy tax on stays of 30 days or less booked through Airbnb’,

Conclusions
Zoning regulations are not a good tool for dealing with short term rentals, Therefore,
NHCOG member towns may want to consider proposing a town ordinance to address
short term rentals. Many other municipalities in other parts of the country have adopted
these types of ordinances, Two examples are attached for your information,
“Regulating Short-term Rentals: A guidebook for equitable policy” suggests the
following be addressed in an ordinance:
¢ Set clear definitions of short-term rentals, hotels, and vacation rentals (example
definitions below)
Require registration and recordkeeping from short-term rental property owners
Institute a cap on rental nights per year to reduce the conversion of residential
housing to transient use,
¢ Limit short term rentals to primary residences
Establish protections and complaint procedures for guests and neighbors
« Limit crowding, noise, and parking strains”!
EXAMPLE Definitions':
Short-Term Rental- the rental of a primary residence or portion there of for a period of
less than 30 nights, for which the guest compensates an owner or lessee of the unit.
Primary Residence- A housing unit in which an owner or lessee resides for the majority
of the year.
Vacation Rental- an entire residential unit that is not a primary residence and is rented to
guests on a short-term basis, typically under 30 nights.
TTACHED:
© Ordinance; Town of Oxford, Maryland “Short-term Rentals”
¢ Ordinance: Georgetown, Colorado “Concerning Short Term Rental of Residential
Structures"
‘ Source: “Regulating Short-term Rentals: A guidebook for equitable policy” (March 2016)
Sustainable Economies Law Center
° A “permanent” resident is often defined as one who lives in the dwelling unit for more than 9
months per year.
TM Source: “Regulating Short-term Rentals: A guidebook for equitable policy” (March 2016)
Sustainable Economies Law Center
¥ The Westerly Sun (February 13, 2017) “Short term rental ordinance appears likely in
Stonington”
“Room Occupancy Tax on Airbnb” (November 22, 2016) Office of Legislative Research
“ Adapted from: “Regulating Short-term Rentals; A guidebook for equitable policy” (March
2016) Sustainable Economies Law Center

Oeb CL OF
LEGISLATIVE
RESEARCH
XescarcnReport
Regulating Airbnb Rentals through
Zoning in Connecticut
By: Julia Singer Bansal, Associate Analyst
September 28, 2018 | 2018-R-0200
Issue
In the context of zoning regulations, do Airbnb rentals differ from traditional bed and breakfasts?
Provide examples of how Connecticut municipalities are regulating Airbnb rentals.
Summary
Airbnb is a platform that allows property owners to rent out rooms, suites, or entire dwellings,
generally on a short-term basis (i.¢., for fewer than 30 days). According to slides from a 2017
Connecticut Bar Association presentation, municipalities across the country use a variety of
techniques to control Airbnb rentals, including:
durational caps on rentals;
caps on the number of days property may be rented during the year;
density controls;
special permit requirements;
parking requirements;
neighbor notification;
owner-occupancy requirements; and
distinguishing between single-family, multifamily, and mixed-use neighborhoods (/d. at slide
69).
BNO PP WNP
To research how Airbnb rentals are regulated in Connecticut, we reviewed information available
through the Connecticut Planning Professionals listserv, a UConn-managed discussion forum for
land use professionals. We also directly contacted certain municipalities for more information.
www.cga.ct.gov/olr Connecticut General Assembly (860) 240-8400
OL Request@cga. ct.gov Office of Legislative Research Room 5300
aeRe Stephanie A. D'Ambrose, Director Legislative Office Building

We identified only one Connecticut municipality, Hartford, that adopted a zoning regulation
specifically regulating short-term rentals like Airbnb rentals. We provide a summary of the city’s
regulation below.
In other municipalities, hosted Alronb rentals are often treated like bed and breakfasts (e.g,,
Canton, Kent, Newington, and Woodstock) or boarding houses (e.g., Canton and Kent). We found
that zoning regulations generally did not address unhosted rentals (i.e., renting an entire property to
guests); (but Hartford’s regulation applies to hosted and unhosted rentals). Below, in Table 1, we
provide (1) six examples of how zoning regulations apply to Airbnb rentals in Connecticut
municipalities and (2) the municipality's definition of bed and breakfast, if one exists.
Hartford’s Short-Term Rental Regulation
Hartford's short-term rental regulation requires operators to obtain a zoning permit before offering
short-term rentals and establishes limitations related to (1) rental frequency and rental length, (2)
owner-occupancy, (3) maximum number of guests, and (4) rentals that become a nuisance to
neighbors. The regulation defines short-term rentals as “[t]he temporary rental of part or all of a
property to any temporary renters for no more than 24. cumulative days during any 6 month period,
with no property being used for such temporary rental more than 3 times during any 6 month
period.”
Under the regulation, no more than four adults, in addition to related minor children, may use a
single dwelling unit as a short-term rental at the same time. The regulation sets minimum usable
floor area requirements of 70 square feet for one person and 50 square feet for each additional
person, including children age one or older. The property owner must host any short-term rentals
operated on a lot with only a single-family home or ina single-family home district.
The regulation specifies that short-term rental operators must obtain a zoning permit from the city;
permits are valid for three years. A special permit from the zoning commission is required if an
operator seeks to exceed the regulation’s default frequency and cumulative rental period limits.
The city’s zoning administrator may revoke a Zoning permit or special permit if he or she learns that
the rental has become a nuisance to neighbors (Hartford Zoning Regs § 3.5.4(E)),
2018-R-0200 September 28, 2018 Page 2 of 4

Regulation of Airbnb Rentals in Select Municipalities
Table 1: Select Municipalities’ Definition of “Bed and Breakfast” and Regulation of Airbnb Rentals
dwelling unit (B & B) provided to transients for
compensation” (two types: minor and major)
Regs § 2.2
Minor (permitted as of right in residential zones): owner
lives on the ot; limited to threeguests; rented rooms
must be accessed from within the structure; structure
must meet lot area and dimensional requirements for
the district; rented rooms cannot have cooking facilities
Regs § 3.3.B
Major (permitted with zoning commission's site plan
and special permit approval): operator lives on the lot;
structure must meet lot area and dimensional
requirements for the district; rented rooms cannot have
cooking facilities; adequate water and sewage
disposal; compatible with the character of the
surrounding area; complies with any parking screening
requirements; structure is approved by Fire Marshal
and Building Official; may provide other services (e.g,
banquet facilities, massages, restaurant)
Regs § 3.3.D
Bed and Breakfast, as Defined in Zoning Regulations Regulation of Airbnb Rentals
Canton | “Overnight accommodations and a morning meal ina
According to the Planning and
Community Development Department,
Airbnb rentals generaily are regulated
as bed and breakfasts or boarding
houses
A boarding house is permitted with
the zoning commission's site plan and
special permit approval in residential
districts; defined as “[ajn owner
occupied dwelling that provides for
the renting of rooms or board to not
more than three (3) paying guests,
other than members of the owner's
family”
Regs § 2.2
Bed and breakfasts require a zoning
enforcement official-issued permit
and zoning commission's site plan
approval in business and industrial
districts
Regs § 4.1.8.5
Hartford
“A facility providing temporary lodging to the general public
consisting of no more than 6 sleeping rooms with daily
toom cleaning services, without in-room kitchen facilities,
in either an owner-occupied principal structure or ina
principal structure on the same lot of an owner-occupied
accessory structure”
Regs § 3.3.4(B)
Among other requirements, a bed and breakfast must be
located in a structure that is at least 75 years old, serve
breakfast, and give guests access to guestrooms via a
common space, not a Separate exterior entrance
Regs § 3.3.1(B)
Airbnb rentals are generally regulated
under the city's short-term rental
provision, summarized above
Fairfield
None
Regulations allow property owners in
most residential districts to take on
up to two boarders, but lease period
must be at least 30 days (in one
residential district, a special permit is
required before boarders can be
taken on)
Regs §§ 31.2.19, 5.4.2, 10.4, 14.4.2
2018-R-0200
September 28, 2018
Page 3 of 4

Table 1 (continued)
Bed and Breakfast, as Defined in Zoning Regulations
Regulation of Airbnb Rentals
Kent “Asingle-family dwelling in which the owner resides and in According to the Land Use
which sleeping accommodations and breakfast (but no Department, Airbnb rentals are not
other meals) may be provided to guests for compensation” | regulated if they are unhosted rentals;
Regs § 2200 if the rental is hosted and breakfast is
served, a special permit for a bed and
Depending on the zone, bed and breakfasts may have a breakfast is required; a special permit
maximum of three to six guest rooms; sanitarian or sewer | fora boarding house is required for
commission must certify that water and sewerage systems | other hosted rentals
are adequate; screening may be required to create a buffer
from neighboring uses A boarding house is “[a] single-family
Regs § 6300 dwelling in which the owner resides
and in which rooms may be let and
board may be furnished to not more
than six individuals in addition to the
owner's family”
Regs § 2200
Newington | None According to the Town Planner's
Office, neither bed and breakfasts nor
Airbnb rentals are permitted in
residential zones
Woodstock | “[A] dwelling, in which lodging and meais are offered or According to the Town Zoning Office,
provided for compensation to one to twelve persons for Airbnb rentals are considered to be
limited periods of time not exceeding 30 consecutive days; | bed and breakfasts and thus must
the owner shail Jive on the property” obtain a zoning (home occupation)
Regs Art. tl, Definitions permit
Requirements for home occupations
include: (1) no more than half of the
finished floor area of a dwelling unit
may be used for the occupation and
(2) the occupation is incidental and
secondaty to the residential use of the
lot
Regs Art. Vi, § E
JSB:omg
2018-R-0200
September 28, 2018
Page 4 of 4

COREL CF
LEGISLATIVE
RESEARCH
Regulating Airbnb Rentals through
Zoning in Connecticut
By: Julia Singer Bansal, Associate Analyst
September 28, 2018 | 2018-R-0200
Issue
In the context of zoning regulations, do Airbnb rentals differ from traditional bed and breakfasts?
Provide examples of how Connecticut municipalities are regulating Airbnb rentals.
Summary
Airbnb is a platform that allows property owners to rent out rooms, suites, or entire dwellings,
generally on a short-term basis (i.e., for fewer than 30 days). According to slides from a 2017
Connecticut Bar Association presentation, municipalities across the country use a variety of
techniques to control Airbnb rentals, including:
durational caps on rentals;
caps on the number of days property may be rented during the year;
density controls;
special permit requirements;
parking requirements;
neighbor notification;
owner-occupancy requirements; and
distinguishing between single-family, multifamily, and mixed-use neighborhoods (Id. at slide
69).
ONO aAPwWNE
To research how Airbnb rentals are regulated in Connecticut, we reviewed information available
through the Connecticut Planning Professionals listserv, a UConn-managed discussion forum for
land use professionals. We also directly contacted certain municipalities for more information.
www.cga.ct.gov/olr Connecticut General Assembly (860) 240-8400
OLRequest@cga.ct.gov Office of Legislative Research Room 5300
Stephanie A. D'Ambrose, Director Legislative Office Building

We identified only one Connecticut municipality, Hartford, that adopted a zoning regulation
specifically regulating short-term rentals like Airbnb rentals, We provide a summary of the city's
regulation below.
in other municipalities, hosted Airbnb rentals are often treated like bed and breakfasts (e.g.,
Canton, Kent, Newington, and Woodstock) or boarding houses (e.g., Canton and Kent). We found
that zoning regulations generally did not address unhosted rentals (.e., renting an entire property to
guests); (but Hartford's regulation applies to hosted and unhosted rentals). Below, in Table 1, we
provide (1) six examples of how zoning regulations apply to Airbnb rentals in Connecticut
municipalities and (2) the municipality's definition of bed and breakfast, if one exists.
Hartford’s Short-Term Rental Regulation
Hartford’s short-term rental regulation requires operators to obtain a zoning permit before offering
short-term rentals and establishes limitations related to (1) rental frequency and rental length, (2)
owner-occupancy, (3) maximum number of guests, and (4) rentals that become a nuisance to
neighbors. The regulation defines short-term rentals as “[t]he temporary rental of part or all of a
property to any temporary renters for no more than 24 cumulative days during any 6 month period,
with no property being used for such temporary rental more than 3 times during any 6 month
period.”
Under the regulation, no more than four adults, in addition to related minor children, may use a
single dwelling unit as a short-term rental at the same time. The regulation sets minimum usable
floor area requirements of 70 square feet for one person and 50 square feet for each additional
person, including children age one or older. The property owner must host any short-term rentals
operated on a lot with only a single-family home or ina single-family home district.
The regulation specifies that short-term rental Operators must obtain a zoning permit from the city;
permits are valid for three years. A Special permit from the zoning commission is required if an
operator seeks to exceed the regulation's default frequency and cumulative rental period limits.
The city's zoning administrator may revoke a zoning permit or special permit if he or she learns that
the rental has become a nuisance to neighbors (Hartford Zoning Regs § 3.5.1(E)),
2018-R-0200 September 28, 2018 Page 2 of 4

Regulation of Airbnb Rentals in Select Municipalities
Table 4: Select Municipalities’ Definition of “Bed and Breakfast" and Regulation of Airbnb Rentals
Bed and Breakfast, as Defined in Zoning Regulations
“Overnight accommodations and a morning meal ina
dwelling unit (B & B) provided to transients for
compensation” (two types: minor and major)
Regs § 2.2
Minor (permitted as of right in residential zones): owner
lives on the lot; limited to threeguests; rented rooms
must be accessed from within the structure; structure
must meet lot area and dimensional requirements for
the district; rented rooms cannot have cooking facilities
Regs § 3.3.B
Major (permitted with zoning commission's site plan
and special permit approval): operator lives on the lot;
Structure must meet lot area and dimensional
requirements for the district; rented rooms cannot have
cooking facilities; adequate water and sewage
disposal; compatible with the character of the
surrounding area; complies with any parking screening
requirements, structure is approved by Fire Marshal
and Building Official; may provide other services (e.g,
banquet facilities, massages, restaurant)
Regulation of Airbnb Rentals
According to the Planning and
Community Development Department,
Airbnb rentals generally are regulated
as bed and breakfasts or boarding
houses
A boarding house is permitted with
the zoning commission’s site plan and
special permit approval in residential
districts; defined as “[ajn owner
occupied dwelling that provides for
the renting of rooms or board to not
more than three (3) paying guests,
other than members of the owner's
family”
Regs § 2.2
Bed and breakfasts require a zoning
enforcement official-issued permit
and zoning commission’s site plan
approval in business and industrial
districts
Regs § 3.3.D Regs § 4.1.8.5
Hartford | “A facility providing temporary lodging to the general public | Airbnb rentals are generally regulated
consisting of no more than 6 sleeping rooms with daily under the city’s short-term rental
room cleaning services, without in-room kitchen facilities, provision, summarized above
in either an owner-occupied principal structure or ina
principal structure on the same lot of an owner-occupied
accessory structure”
Regs § 3.3.4(B)
Among other requirements, a bed and breakfast must be
located in a structure that is at least 75 years old, serve
breakfast, and give guests access to guestrooms via a
common space, not a separate exterior entrance
Regs § 3.3.1(B)
Fairfield | None Regulations allow property owners in
most residential districts to take on
up to two boarders, but lease period
must be at least 30 days (in one
residential district, a special permit is
required before boarders can be
taken on)
Regs §§ 31.2.19, 5.4.2, 10.4, 11.4.2
2018-R-0200
September 28, 2018
Page 3 of 4

Table 4 (continued)
Bed and Breakfast, as Defined in Zoning Regulations
“A single-family dwelling in which the owner resides and in
which sleeping accommodations and breakfast (but no
other meals) may be provided to guests for compensation”
Regs § 2200
Depending on the zone, bed and breakfasts may have a
maximum of three to six guest rooms; sanitarian or sewer
commission must certify that water and sewerage systems
are adequate; screening may be required to create a buffer
from neighboring uses
Regs § 6300
Regulation of Airbnb Rentals
According to the Land Use
Department, Airbnb rentals are not
regulated if they are unhosted rentals;
if the rental is hosted and breakfast is
served, a special permit for a bed and
breakfast is required; a special permit
for a boarding house is required for
other hosted rentals
A boarding house is “[a] single-family
dwelling in which the owner resides
and in which rooms may be let and
board may be furnished to not more
than six individuals in addition to the
owner's family”
Regs § 2200
Newington
None
According to the Town Planners
Office, neither bed and breakfasts nor
Airbnb rentals are permitted in
residential zones
Woodstock
“[A] dwelling, in which lodging and meals are offered or
provided for compensation to one to twelve persons for
limited periods of time not exceeding 30 consecutive days;
the owner shall live on the property”
Regs Art. Il, Definitions
According to the Town Zoning Office,
Airbnb rentals are considered to be
bed and breakfasts and thus must
obtain a zoning (home occupation)
permit
Requirements for home occupations
include: (1) no more than half of the
finished floor area of a dwelling unit
may be used for the occupation and
(2) the occupation is incidental and
secondary to the residential use of the
lot
Regs Art. VI, § E
JISB:omg
2018-R-0200
September 28, 2018
Page 4 of 4

Making Great Communities Happen
Connecticut Chapter of the
American Planning Association
Testimony regarding
Proposed H.B. No. 6937-- AN ACT REGULATING SHORT TERM RENTALS
In 2017, the Town of Stonington Planning Department prepared a report summarizing options to regulate
short-term rentals based on their reseatch of the issues and public outreach to local residents. This report
is attached as background information for the Committee’s use. In summary, the planning department in
that community concluded that a municipal ordinance tegulating such rentals would be a more effective
mechanism than zoning. The municipal ordinance approach has the following benefits:
® Eliminates potential of existing properties to claim grandfathered tights to operate short term
rentals
© License would be granted to operator instead of to property
Stronger enforcement options (potential for police enforcement instead of relying on availability of
zoning enforcement officer),
In addition, we would add that land use regulations regarding short-term rentals are more appropriately
determined by individual municipalities rather than the State. As the report notes, towns like Stonington,
which are located in tourist destinations, have a history of seasonal, monthly, or weekly rentals that have
economic benefits to these communities and to local property owners.
Wuo We Ars
‘The Connecticut Chapter of the American Planning Association (CCAPA) has over 420 members who ate
governmental and consulting planners, land use attorneys, citizen planners, and other professionals
engaged in planning and managing land use, economic development, housing, transportation, and
conservation for local, regional, and State governments, private businesses and other entities. CCAPA has
long been committed to assisting the legislature and State agencies with developing and furthering
responsible growth management principles. The APA is an independent, not-for-profit, national
educational organization that provides leadership in the development of vital communities.

Contacts
CCAPA Govt. Relations Committee Co-Chairs
Amanda E, Kennedy, AICP
John Guszkowski, AICP
Phone: (860) 889-2324
ctplannersgovrel@email.com
CCAPA President
Michael Piscitelli, AICP
Phone: (203) 946-2867
mopiscite@newhavenct.org

2017 Short-term
Rentals Report

Contents
DIRECTION REQUIRED
Report issued to:
Stonington Planning and Zoning Commission
David Rathbun, Chair
Curtis Lynch, Vice Chair
Frances Hoffman, Secretary
A, Gardner Young
Shaun Mastroianni
Lynn Conway, Alternate
Harry Boardsen, Alternate
Report prepared by:
Stonington Department of Planning
January 13, 2017
About the Department of Planning
The Stonington Department of Planning is a Town Charter-established agency that works under the direction of
the First Selectman of the Town of Stonington. The team is comprised of land use and community development
professionals, that work to implement recommendations in the Town's Plan of Conservation and Development,
review land use applications, and enforce land use regulations.
Jason Vincent, AICP - Director of Planning
Keith Brynes, AICP, CZET ~ Town Planner
Candace Palmer, CZEO ~ Zoning Official
Gayle Phoenix, CZET ~ Land Use Application Facilitator
Cheryl Sadowski ~ Land Use Application facilitator
SHORT TERM RENTAL REPORT | CONTENTS

BACKGROUND
Short-term rentals (STR) are dwelling units, or portions thereof, that are
temporarily rented. In recent years, technology has made it easier to rent
bedrooms and houses. The industry is thriving. Stonington is an attractive place to
visit and the demand for rentals is high.
in the summer of 2015, the Stonington Department of Planning received a
complaint regarding the activity of an AirBnB operation in the village of Mystic.
After reviewing the Town Zoning Regulations, the Department's enforcement
team made a determination that AirBnB is not a permitted use in a residential
zoning district because short-term rentals (less than 30 days} are not a permitted
use,
Since that time, the Department has continued to approach AirBnb as an activity
that is not allowed in the Town. in 2016, a Vacation Rental By Owner (VRBO}
complaint was received by the Department. Again, the enforcement team
evaluated Town regulations, and past enforcement actions, including the Air8nB
issue and determined that this activity was not permitted in the Stonington.
Both the AirBnb and VRBO are activities that can be classified as short-term
(transient) rentals. In the past, many short-term rental opportunities that
occurred in Stonington were as a result of long-term relationships that renters
had with the property owner, or sourced via print media. The advent of the
internet has enabled new tools to connect Property owners to potential renters.
TYPES OF SHORT-TERM RENTALS
TYPE ACCESSORY STR PRINCIPAL STR
DETAILS | Are owner-occupied or e Are not owner-occupied or
associated with an owner- associated with an owner-
Occupied principal dwelling unit. occupied principal dwelling unit
¢ include the rental of an entire ¢ Include rental of an entire
dwelling unit, or if only part of dwelling unit
the unit, include at a minimum a
sleeping room (with shared full
bathroom), is limited to a single
Party of individuals, and the
owner is generally present
during the rental
TYPICAL | * Room for rent e House for rent
TERMS © AirBnb © Cottage for rent
*« VRBO
* Air8nb
¢ Homeaway
SHORT TERM RENTAL REPORT | 1
AirBnB - a peer-to-peer
online marketplace and
homestay network enabling
people to list or rent short-
term lodging in residential
properties, with the cost of
such accommadation set by
the property owner. The
company receives
percentage service fees
from both guests and hosts
in conjunction with every
booking.
VRBO ~ Vacation Rental By
Owner - short-term and
long-term rentals
Homeaway - a vacation
rental marketplace with
more than 1,000,000
vacation (short-term)
rentals
SHORT-TERM RENTAL
CONCERNS
e Expansive growth of
STRs
e — Safety of visitors and
neighbors
« Neighborhood
character
* Enforcement /
regulation
* Problem operators
¢ — impact to residential
areas
¢ — Impact to long-term
rental market
* Impact to housing
affordability
e Impact on the
hospitality industry

PUBLIC INPUT
In October of 2026, the Stonington Economic Development Commission became
aware of the enforcement issue. They worked to evaluate the economic impact of
short-term rentals and requested that the Planning and Zoning Commission
conduct a forum on the topic. On December 20, 2016, the Planning and Zoning
Commission conducted a public hearing. A summary of what we heard during
that meeting:
REQUIRES BALA
ECONOMIC VALUE RISKS: OPPORTUNITIES MANAGEMENT
* Enables vibrant | * Neighborhood | « Visitor ® Need standards
villages quality (e.g., experience (e.g., parking,
e Visitors are an village «= Technology occupancy)
economic character, provides © May not fit
multiplier ~ traffic) resources everywhere, let
bring wealth « Adverse © National shift neighborhoods
© Tourlsmisa property value towards decide
impact sharing ® Communication
valuable cluster | , Bad behavior economy tools are
needed
ALTERNATIVES ANALYSIS
Moving forward, the Commission has several options when it comes to
addressing short-term rentals. They range from a very passive approach, keeping
things the same, to more aggressive approaches (e.g., changing regulations, new
regulations, no regulations)
This report provides the follow alternatives for the Planning and Zoning
Commission to consider:
- DONOTHING —
Confirm the
Department of
Planning interpretation
that short-term rentals
are not allowed in
Stonington ~ continue
to prohibit short-term
rentals in Stonington
Determine that short-
term rentals are not
regulated by zoning
and are therefore
allowed and not
regulated .
Recognize that short-
term rentals are
regulated (not
allowed), but should be
allowed;
Establish zoning
regulations for the
allowance of short-
term rentals
The following pages explore these options in some detail.
SHORT TERM RENTAL REPORT | 2

NOT REGULATE
DO NOTHING. . REGULATE
Every project includes a “do nothing” option. The status quo is that short-term
rentals are not allowed in Stonington. However, what is a short-term rental?
Since zoning does not concern itself with tenure, and transient is not defined,
short-term rentals have been aligned with the Connecticut Building Code
occupancy standard, which is 30 days (see “transient” term in sidebar).
The Department of Planning's interpretation of the zoning regulations is that
transient rentals (less than 30 days) are not fisted as a permitted use in residential
zones; therefore, it is not allowed. This applies to the AirBnb and VRBO-type
programs.
Doing nothing will provide the Department of Planning with direction that any
future short-term rental violations should be resolved via the zoning enforcement
process.
BO NOTHING REGULATE
Stonington, like many other communities, has zoning regulations that are not as
black and white as they are perceived. The regulations are one-third of any
overall regulatory framework which includes the enabling legislation (Connecticut
General Statues Chapter 124) and legal determinations made via the judicial
system (i.e., Connecticut and Federal courts). As enforcement agents, it is critical
to understand al) three of these elements.
Of note is that tenure (see sidebar on page 3) is not regulated by zoning. Who
owns, or occupies a particular property is not a factor in the permit or
enforcement process.
The question then becomes, does time of occupancy change this fact? Stonington
does define a residence (see sidebar on page 4) as “...dwelling units for
permanent occupancy...,” which could be interpreted as a statement about the
principal land use, rather than any activities conducted on the property.
SHORT TERM RENTAL REPORT | 3
TERMS
TENURE — The financial
arrangements under which
someone has the right to
occupy a dwelling unit (e.g.,
house, apartment). The
most frequent forms are
tenancy (rent is paid to a
landlord) and owner-
occupancy.
TRANSIENT - Occupancy of
a dwelling unit or sleeping
unit for not more than 30
days. (CT Building Code).
Term is used three times in
Stonington Zoning
Regulations (ZR): 1.2.2
Hotel; 1.2.2 Tourist Home;
and 6.6.17 Bed and
Breakfast; However, it is not
defined
STONINGTON ZONING
DEFINITIONS
OWELLING UNIT - A
structure, or part thereof,
containing complete
housekeeping facilities
limited to use by one (1)
family).
FAMILY — One or more
persons who live together
and maintain a common
household, related by
blood, marriage, or
adoption. A group of not
more than four (4) persons
who need not be related
who are living together ina
single dwelling unit and
maintaining a household
shall also be considered a
family. A roomer, boarder
or lodger shall not be
considered a member of
the family, and no roomer,
boarder or lodger shall be
permitted where the family
is defined as a group of
unrelated persons.

TERMS
TOURIST HOME — A dwelling
unit in which sleeping
accommodations for more
than two (2) but less than
five (5) bedrooms are rented
out for transient occupancy.
RESIDENCE ~ One or more
dwelling units for
permanent occupancy
located in a permanent
structure or building.
DO NOTHING
NOT REGULATE
Nationally, municipalities regulate short-term transient rentals in one of two
ways: zoning or town ordinance.
can specify which zoning districts allow
short-term rentals and can require
special use permits and site plan
teview for certain levels of activity
(a.g., number of bedrooms)
* permit is issued to the property, not
the operator
* enforcement through zoning official /
Department of Planning, at the
direction of the Planning and Zoning
Commission
can manage this activity via a licensing
process
no vested rights, no non-conformities
license is issued to operator, not the
property
enforcement agent(s) designated by
ordinance
Most communities are regulating short-term rentals via ordinance because the
approval is issued to the operator, and updates to the law {which occur from
time-to-time) and binding on all operators.
Ordinances can only be adopted by the town’s tegislative body, the Town
Meeting.
SHORT TERM RENTAL REPORT | 4

REGULATION OF SHORT-TERM RENTALS MIGHT INCLUDE:
Posting or availability at the town hall of local contact(s) responsible for
handling problems.
Off-street parking standards.
Noise and nuisance provisions.
Garbage collection requirements.
Spacing requirements between short-term rentals. A distance from one STR
to another may be required to assure that an entire block does not turn into a
short-term rental district,
Reinforcement of the normal occupancy limits (i.e., number of persons who
may live in the home}.
Proof of code compliance, fire safety measures, adequate water and sewer
service, or other utilities or infrastructure that may be of particular concern.
Requirements for notifying neighbors.
Limitations on turnover. There may be a minimum stay or amaximum
number of days that the STR operates,
Limitations on particular areas where short-term rentals are not allowed or
are not regulated.
Imposition of a special use permit requirement, allowing for scrutiny of the
particular facts of a site before allowing such a use.
ENFORCEMENT CHALLENGES
Does zoning regulate whether an occupant is a transient (see sidebar on page
3), or has a long-term interest in the property? The answer, via the zoning
regulations, could be interpreted to be “it depends,” with the factor for
consideration bein