BERLIN – Town officials are considering owner-occupancy and parking requirements to ensure short-term rentals don’t impact the quality of life in Berlin.
The Berlin Town Council held a work session Monday to discuss proposed short-term rental regulations being drafted by town staff. An ordinance regarding short-term rentals is expected to be introduced in the coming weeks.
“I think we need to have something on the books before another rental season comes,” Mayor Gee Williams said.
In recent months town officials have been researching short-term rental restrictions in other jurisdictions in an attempt to develop something appropriate for Berlin. Williams outlined aspects of a draft ordinance with town council members Monday. He said the term “short-term rental” would apply to rentals less than 28 days. They would be permitted in the R-1 and R-2 zones only in a homeowner’s permanent, principal or primary residence. They would be allowed in the R-3 and R-4 districts as well as in the business districts where dwellings are permitted as long as 24-hour contact information was on file.
Williams said the permanent residence provision would prevent people from out of town buying up properties in Berlin to use solely as short-term rentals.
“At the end of the day it’s not a resort,” he said. “I don’t think we want to do anything to change the character or nature of our town.”
Councilman Troy Purnell said he didn’t support the owner-occupied stipulation.
“I think you need to allow them but monitor them,” he said. “If you occupy it or don’t occupy it I still think I have the right to rent it.”
Purnell said he also disagreed with the stipulation that one additional off-street parking space be required per bedroom rented over and above the parking generally required in the district. He said that while that provision might be necessary if a home had fulltime residents and rented out two bedrooms, it would not be necessary if an entire house was rented out.
Councilman Zack Tyndall said he also didn’t support the owner-occupied requirement.
“I have to agree that I think allowing people to rent their single-family homes is probably a good thing to do,” he said.
Councilman Thom Gulyas said he wanted to hear from residents of the R-1 and R-2 districts.
“I think they’re going to be the ones most affected,” he said.
Other key points of the ordinance being considered require that bedrooms have at least 70 square feet of space per occupant and that properties being used for short-term rentals submit an initial application fee of $150 as well as a $200 annual license fee.
Williams said citizens with opinions about the proposal should share their thoughts at the public hearing that will be held before the ordinance is voted on. He said that if it was passed this year, it could be tweaked in the future if changes were needed.
Tyndall cautioned against rushing an ordinance through. He said perhaps another work session that incorporated public comment — this week’s did not — might be beneficial.
“Like my colleagues I’d like to hear a little more from the people, and outside of a public hearing,” he said. “That can be a little intimidating for some people.”
Williams said he thought the town needed to get something on the books before the next rental season.
“We ideally need to have something in place relatively soon,” he said.
Tyndall, however, said the town had already missed the last seven or eight seasons and suggested completing the budget process before trying to regulate short-term rentals.
Councilman Dean Burrell said he was looking forward to hearing from citizens when the public hearing on the proposed ordinance was held.
“I bet it’s 50/50,” he said. “I can see both sides.”
Along with citizens, representatives of the Coastal Association of Realtors (CAR) were in attendance at Monday’s work session. CAR President Joe Wilson said Tuesday the association believed short-term rentals should be permitted in all residential areas of the town and regulated just like they were in other towns and Worcester County.
“A property owner has the right to operate a short-term rental which, as we’ve expressed in the past, is still a residential use, despite it also being a source of income,” Wilson said.
He said the regulations presented this week were a good start but that he hoped officials were open to adjustments so property owners weren’t subject to “unreasonably restrictive rules” such as adding parking spaces.
“We also feel the town should align their occupancy requirements to match Ocean City’s 40 square feet per occupant or Worcester’s 50 square feet per occupant,” he said. “At this time, Berlin is considering 70 square feet. If the average bedroom size is around 130 square feet, that only allows for one occupant per bedroom. So a married couple, for instance, would not be able to stay in a one-bedroom rental.”
