Hamilton County commissioners narrowly voted down a resolution that would have limited the operation of short-term vacation rentals in certain unincorporated areas.
The resolution, which would have prohibited short-term rentals in unincorporated residential zones and agricultural properties of less than 5 acres, had been sent back to committee last month for tweaks.
It failed Wednesday by a 6-5 vote, falling one vote short despite the support of Chip Baker, R-Signal Mountain, Steve Highlander, R-Harrison, Ken Smith, R-Hixson, Jeff Eversole, R-Ooltewah, and Gene-o Shipley, R-Soddy-Daisy.
"I'm very disappointed in the vote," Shipley said in a text message. "The sad part is we have left the unincorporated areas with no protection to live in peace and enjoy the homes they worked hard to have."
Cindy Triplett, an unincorporated Hamilton County resident in favor of the resolution, said by phone she feels the people in support of the resolution were not fairly represented during the public comment period before the vote.
(READ MORE: Hamilton County will again take up prohibition on new vacation rentals)
She said people who own short-term rentals but not in unincorporated areas or who own rentals that still would be permitted to operate under the resolution should have been prohibited from speaking against the resolution during the public comment period. They are unaffected by the outcome of the vote, she reasoned.
"When they give the presentations that lead the commissioners away from the main agenda of protecting these unincorporated neighborhoods, you're talking apples and oranges, you're not talking apples and apples," Triplett said.
Commissioner Joe Graham, R-Lookout Valley, said at the meeting the regulations the commission put in place last year for short-term rentals in unincorporated areas made them safer. Passing the latest resolution would lead to more property owners illegally operating short term rentals, he said.
"I live in ... an unincorporated area, and I wouldn't necessarily want one of these next to me," Commissioner Lee Helton, R-East Brainerd, said before the vote, referring to short-term rentals. "But at the same time, I view it as a property rights issue."
He said he does not think the rights of certain property owners supersede the rights of other property owners based on the duration of their residency on the property.
"We're going to have to find some middle ground," Helton said. "It's not a binary solution. I understand what we're trying to do, but I think it goes too far."
After the vote, Eversole said he advises people who are unhappy with the failure of the resolution to talk to their state legislators.
"In my personal opinion, this is better solved at the state level to give guidance than at the local level because the enforcement is much greater at the state level than at the local level," he said.
Contact Emily Crisman at ecrisman@timesfreepress.com or 423-757-6508.