A recent legal decision has brought clarity to the ongoing discussion around short-term rentals (STRs) in Madison, New Hampshire. Two couples who own a property in the Eidelweiss Residential District successfully challenged a zoning violation, allowing them to continue offering their home as a short-term rental.
The case, Chad and Brittney Ardizzoni and Aaron and Tiffany Clymer v. the Town of Madison and the Town of Madison Zoning Board of Adjustment, was heard by Judge Michael Klass of New Hampshire’s Land Use Review Docket. The ruling, issued on December 18, reverses the town’s enforcement of zoning ordinances against the owners' use of their property for short-term rentals.
The Background
The Ardizzonis and Clymers purchased their property at 13 Lucerne Drive in June 2022, continuing a short-term rental operation established by the previous owners in 2017. Madison prohibits new short-term rentals in the town, based on zoning changes enacted in March 2022. In the Eidelweiss Residential District, where the property is located, commercial activity—including STRs—is not allowed under zoning rules dating back to the 1990s.
In August 2023, Madison’s code enforcement officer issued a notice of violation to the property owners, asserting that their use of the home as an STR was not permitted. The owners appealed this decision to the Zoning Board of Adjustment (ZBA), which upheld the violation in March 2023. The ZBA interpreted the town’s zoning ordinances to classify short-term rentals as a form of commercial use, which is prohibited in the district.
The Court’s Decision
The property owners brought their case to the state Land Use Review Docket, asking the court to reverse the ZBA’s decision. Judge Klass ruled in favor of the owners, finding that the Madison zoning ordinance in effect in 2015 did not prohibit short-term rentals as a residential use.
Judge Klass noted that Madison’s zoning ordinance is “permissive,” meaning it only allows land uses explicitly listed. In his decision, he focused on how the property is used by occupants—whether for eating, sleeping, or other ordinary residential activities. Klass cited a prior New Hampshire Supreme Court ruling, Conway v. Kudrick, which similarly held that short-term rentals can qualify as residential use.
The court determined that because the property was rented short-term under the terms of the 2015 ordinance, it was eligible for “grandfathered” status, allowing the continued operation of short-term rentals on the property.
What Happens Next?
The Town of Madison has 10 days from the date of the ruling to file a motion for reconsideration. If no such motion is filed, the town has 30 days from the date of the ruling to appeal to the New Hampshire Supreme Court.
The court’s decision only applies to the specific case of the Ardizzoni and Clymer property. Other properties in Madison and the Eidelweiss District may still be subject to the town’s 2022 zoning rules, which restrict new short-term rental operations.
Community Implications
This decision highlights the evolving landscape of short-term rental regulations in New Hampshire. Towns like Madison are working to balance the interests of property owners, year-round residents, and visitors. The outcome of this case may have implications for other communities grappling with similar issues.
As the legal process continues, it remains to be seen whether the town will pursue further action or adjust its approach to short-term rental enforcement in the future. For now, the court’s decision offers clarity on the status of short-term rentals under the 2015 zoning ordinance in Madison.