From a story in today's Conway Daily Sun: Click here for the full story
Madison Zoning Board Sets New Limits on Short-Term Rentals Despite Court Ruling
The Madison Zoning Board of Adjustment (ZBA) has imposed new restrictions on short-term rental (STR) owners, despite a recent court ruling in their favor. The case involves two couples, the Ardizzonis and the Clymers, who own a property at 13 Lucerne Drive in Madison’s Eidelweiss community. The New Hampshire Land Use Court ruled in December that the owners could continue short-term renting under a "nonconforming pre-existing use" provision, as the property was used as an STR since 2017, before Madison’s 2022 ban on new STRs.
In response, the ZBA voted 5-0 to limit rentals to the highest number of days rented in a single year plus 15%. For the Ardizzoni/Clymer property, this translates to a 61-day rental limit. A similar case resulted in a 69-day cap. ZBA members believe the formula ensures fairness and consistency.
However, STR owners' attorney Matt Johnson warned that limiting rental days could face further legal challenges, arguing the ZBA lacks authority to impose such restrictions. David Cavanaugh of the MWV Responsible Renters Association criticized the decision, noting the court already deemed STRs as residential use, protected under grandfathering rights, and raising concerns about unequal treatment and enforcement issues.
With a 30-day appeal window open, further legal action may follow. The debate highlights the ongoing tension between property rights and local zoning regulations in Madison.
Regulating the number of days a property is rented is one of the hardest things to do. Out-of-state plates in the driveway? That could be the owner, a friend, family—or frankly, none of your business. Even if a town wanted to enforce it, how could they realistically track the number of rental days?
On the other hand, limiting occupancy is much easier. Airbnb or VRBO listings are public and can be regularly checked. Plus, in my opinion, occupancy limits tend to address the real issues. What’s better: 15 people in a three-bedroom house for 50 nights a year, or the proper number of guests with no strict rental timeline? Other towns have tried to regulate the number of rental nights, and it just doesn’t work.