York forms committee to revive short-term rental ordinance after voter rejection

YORK, Maine — A committee is being formed to take a second look at how York could regulate short-term rentals that in recent years have been advertised on sites like Airbnb and Vrbo.

Voters in May rejected a proposed ordinance to establish a fee, inspections and rules for short-term rentals in York, where they have existed for more than a century but gone unregulated.

The Selectboard last week directed Town Manager Peter Joseph to initiate the formation of a seven-person committee to work on a new ordinance that might be palatable for property owners and residents alike.

Jeanette Murphy and Mark Kinton at the polls at York High School Saturday holding signs in opposition of an article to bring regulations to short term rentals in York.
Jeanette Murphy and Mark Kinton at the polls at York High School Saturday holding signs in opposition of an article to bring regulations to short term rentals in York.

The first attempt to pass an ordinance failed at the May 18 referendum with a vote of 1,788 to 2,029. Residents concerned about disruptive late-night activity in their neighborhood supported the ordinance. Owners of the rental units said it was an overreach of government power and threatened many older homes that might not meet code requirements under the new guidelines.

Board members are hopeful people from both sides can become part of the committee and hash out a version of an ordinance that will pass muster with voters. Joseph said he plans to bring the charge outlining the committee to the June 24 meeting.

“I think there’s a lot of opportunity to collaborate and come together on something,” Selectboard member Marilyn McLaughlin said.

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Residents, property owners react to plan to form committee

The ordinance that failed at the polls in May would have required owners of rentals to register every three years with the town to undergo an inspection of their homes. It was brought to the voters after residents from the harbor section of the town complained to the Selectboard last year about “party houses” in their neighborhood.

The proposed ordinance also included occupancy limits and prohibited the use of firepits. It also would have required owners to comply with building codes and fire safety requirements such as having a fire extinguisher, smoke and carbon monoxide alarms and evacuation plan.

The Selectboard is reviving efforts to regulate short-term rentals in town like those on Airbnb and Vrbo.
The Selectboard is reviving efforts to regulate short-term rentals in town like those on Airbnb and Vrbo.

Last week’s meeting drew critics of the ordinance that failed in May, who were concerned the board was moving too quickly, to bring back another version.

Trevor Capon said he would be willing to serve on the committee being formed but believed the voters spoke their minds at the polls.

”Just hearing the discussion, it would sound like the ordinance passed,” Capon said. “The voters voted it down, so I’m a little confused why it’s already we’re going full steam ahead with it.”

Jim Smith, who lives in York Harbor and supported the ordinance, said he believed the referendum article failed by a small enough margin to warrant a second close look. He said he was optimistic that a committee could be formed similar to the one on single-use plastics that reexamined a proposed ordinance in the last year. That committee led to an ordinance that passed at the May referendum.

“The small margin of voters, clearly there’s an appetite in town for some sort of regulation,” Smith said.Brian Hall said he owned a short-term rental that helps his family pay their bills with a home that has been in their family since it was built in 1900. He said he was open to an ordinance but asked it not to include regulations that were bound to put his home out of business for its dated architecture.

“If they came in and started measuring windows and stairways and all this and that, I’d wind up with a list of code violations like this,” Hall said, miming a long list with his hands. “I’m just going to say I can’t do it. It’s just not going to be feasible.”

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Selectboard seeks compromise between short-term rental owners, residents

Selectboard members said Monday they believed a compromise could be made through a committee. Like Smith, board members were optimistic the process could be similar to that which led to the passage of the single-use plastics ban. That committee included the high school students who brought forth the proposed ordinance as well as restaurant owners who initially opposed it.

Selectboard member Robert Palmer said the committee should be provided with information from other towns that have implemented ordinances on short-term rentals like Ogunquit. He also suggested looking at what the state does to manage standard bed and breakfasts rather than just examples of short-term rental regulations.

Board members said they were interested to know if the ordinance needed only a few changes. Board Chair Todd Frederick said he was open to a complete overhaul if that was the committee’s recommendation.

“Maybe the one that didn’t make it… only needs a few tweaks, maybe not,” Frederick said. “I don’t think I want to hamstring those folks if they have some creative ideas to move something forward to the voters.”

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This article originally appeared on Portsmouth Herald: York looks to revive short-term rental ordinance after voter rejection