Concerns about short-term rentals in Old Orchard Beach led to the town council considering a moratorium on such rentals. The council voted to table enactment of a moratorium on Aug. 15.
Currently, there are no regulations governing short-term rentals under the town’s zoning ordinances.
Council members considered the order to “Enact an Emergency Ordinance establishing a Moratorium on short-term rentals, which the Town Council has determined creates a public emergency under the provisions in section 410.1 of Town Charter, and which has raised concerns related to public safety and welfare and potential adverse effects on the fabric of residential neighborhoods.”
If the moratorium had passed, it would have required suspension the rental of any building or structure that is offered or provided to a guest or guests to be used for living or sleeping for a fee for less than 30 consecutive days. The structures or buildings may be whole houses, duplexes, multi-family, apartments, condominiums, condominium hotels/motels, and individual rooms or individual units in homes, duplexes, multifamily, apartments, condominiums, and condominium hotels/motels. The moratorium would have applied to new business licenses in those neighborhoods. Therefore, during this time, no person may establish, operate or rent a short-term rental without a business license.
The primary concern with these structures, the council said, is “the rapid spread of them to the town’s traditional residential neighborhoods on the land side of the railroad tracks and away from the water.” However, there are also issues related to the public safety and welfare including potential disadvantageous effects on the connectedness of residential neighborhoods and impacts of transient occupation on adjacent residents, and the inability to maintain housing availability for long-term residents.
The council said the town’s existing ordinances are unable to have an adequate mechanism to regulate and control short-term rentals and are inadequate to prevent the potential for serious public harm from the continued use of residential property as short-term rentals.
If passed, the ordinance would have taken effect immediately and expired on the 61st day thereafter. However, in order for the town to study the land use implications of short-term rentals and to develop reasonable regulations governing the licensing, permitting, location, and operation of short-term rentals and their operation, it could take longer.
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