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MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday,November 16,2015 6:30 o'clock p.m. 7. #15-3759 CITY OF ORONO TEXT AMENDMENT REGARDING VACATION RENTALS,8:22 P.M.—8:45 P.M. (continued) Barnhart stated they can be treated as a nuisance or the noise ordinance but the challenge is that the City does not know whose homes are being rented. Schoenzeit asked if the City has received a high volume of complaints. Barnhart stated it is not a high volume but that the City has received more than two complaints regarding this issue. Barnhart stated the City either do nothing, handle it through their nuisance ordinance, or adopt an ordinance addressing this situation. Earlier this year the City did send out a letter to the property owners that were advertising on these various websites and did not receive any complaints after that. McGrann stated he is questioning the legality of it. McGrann asked whether the City can legally tell the residents that they cannot rent their house out. Barnhart stated this is early in the process and that other counties have a similar ordinance to what is being proposed. Barnhart stated he does not want to regulate the normal rental of homes but that there seems to be a growing need to at least discuss it in terms of regulating this type of industry. McGrann asked if people can switch residences for a week,which is considered more bartering. McGrann stated the City might want to consider addressing that as well as well as the situation where someone rents their house out for a photo shoot or a birthday party. McGrann stated the City might want to clarify what occupancy means. Barnhart stated wedding parties and such would not be permitted under the ordinance. Barnhart stated one side is to simply prohibit any renting for less than 30 days and the other side would be to issue a business rental license,which would talk specifically about prohibiting weddings and things of that nature. Barnhart stated the City should be very cautious whenever they enact a new ordinance since not all the ramifications are understood. The ordinance would add another layer of staff or government involvement in someone's property, which is something the Planning Commission needs to understand as they move forward. Landgraver noted the IRS identifies a rental property as anything more than 14 days during the calendar year. Landgraver stated the City may want to consider restricting it to 14 days rather than the 30 days. McGrann stated to his understanding the IRS says someone can rent their house taa�free for fewer than 15 days and that they do not say they have to be rented for 14 straight days. McGrann stated they could be rented one day at a time. Barnhart stated to his belief the majority of the ordinances were centered on the IRS rules. Leskinen stated the City needs to explore any and all unintended consequences. Leskinen stated given how this industry seems to be growing with the sharing of residences,the business license might be a valid approach, but that is going to involve more Staff time and more layers of government oversight. Page 21 of 29