SHORT TERM RENTAL ARTICLES 101
At the most recent Nantucket Annual Town Meeting, it was voted to establish a work group to identify specifically what issues need to be addressed, gather information, evaluate data, and produce some action items for a fall town meeting regarding short-term rentals on Nantucket (now known as STR’s). The Short-Term Rental Work Group was formed one year ago and the nine volunteer members have spent hundreds of hours meeting, doing research and gathering public input. One of the requirements for the group was that anything brought forward had to have consensus support from at least 7 of the 9 members. The group was successful in coming to agreement and produced a set of articles for the Special Town Meeting on November 7, 2023. The articles are a combination of general by-law changes and zoning and they are linked together.
The main features of Article 1 (general by-law, requires a majority vote) are:
It protects existing properties for the purposes of STR renting. After November 7, a property that is sold is no longer protected, and new structures after that date are not protected. It allows owners who STR to have up to 9 changes of occupancy in high season (July and August). An owner may operate multiple STR’s if all are protected.
If your property is not protected as an STR you can have only 4 changes of occupancy during high season, an owner may operate only one STR and no corporations may operate an STR.
Only corporations whose properties are protected will be allowed to STR.
And no STR’s will be allowed in deed-restricted (affordable) units or an apartment or townhouse unless they meet the requirements for protection.
The main features of Article 2 (zoning, requires a 2/3 majority vote) are:
It would establish STR’s as a primary use under zoning - but only if the STR obeys all of the regulations set forth in Article 1. Which will stop the lawsuits being brought on the basis that renting one’s private home is a “commercial use in a residential zone.” Note that the Town of Nantucket and the Commonwealth of Massachusetts (who are taxing STR's) believe that the rental of one’s private home is a legal use.
It is important to note that if either Article 1 or 2 does not pass, neither Article will go into effect and we will be right back where we were three years ago.
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