Bypassing Village Short Term Rental Regulations

[Michael7051]

Hello world. My wife and I have been restoring an 1850’s home, living in it temporarily until we build our next house, and wish to turn it into an AirBNB once we are able to move out. The current issue at hand is the village in which we live has a restriction on short term rentals. A couple years ago, another couple attempted to turn a home nearby into an AirBNB and it was due to lack of a conditional use zoning permit they were ordered to cease and desist. We would need a variance through the Village which means neighbors show up and voice their opinions on why it’s a bad idea etc etc. I’m wondering if there’s anyone out there who’s had to go through a legal process to make it work for them. I don’t see us being able to convince the neighbors that have lived here for decades, so it’s going to come down to whether or not the Village can legally prevent us from doing what we want with the home from a rental perspective. Thanks!

[Lorna170]

@Michael7051  Did you know about the STR restriction when you moved in and began renovations?  IMO, if there is a restriction in place and you need a variance from the Village, start your request process now so that you will have an answer, or change your long term plans for the property.

People challenge zoning regulations, HOAs and limited permits all the time.  I would suggest that you meet with a legal professional to see if the local regulations are indeed law and receive advice.  

[Michael7051]

We did not, and truthfully our intent going into it WASN’T to AirBNB the property. This is a temporary living situation for us and we thought to turn it into an investment opportunity. That said, we were wondering if there are any laws at a higher level that can overturn restrictions at the village level. 

[Helen3]

No there aren't and it's a good thing in my opinion that STR restrictions are being brought in, in over saturated communities or communities that don't want to be over run by absentee investor hosts and large scale management companies.

If you know before you start there are restrictions against absent investor hosts in your location, your option is to get legal advice and fight it or use it as a long term rental.

@Michael7051 

[Michael7051]

Thank you. We kind of figured we’d have to seek some legal advice but it may also mean we have to try to convince the neighbors.

[Kitty-and-Creek0]

We went through the process here, public hearings, inspections from local agencies for health and safety,  learned about the ordinance that serves to protect all of us and maintain peace and harmony in the neighborhood. It is all excellent and appropriate. 

Property ownership and personal plans do not entitle us with permission to avoid local rules and regulations, zoning, CC&R's etc. Suggest you meet with your local planning and zoning office to clarify that you are in compliance with ordinances that protect what makes your village and community special and desirable. 

[Bes175]

Where is that VILLAGE,

[area/ state]

so people from same nation

can delve deeper and even

offer some helpful advice.

we were wondering if there are any laws

at a higher level that can overturn

restrictions at the village level. [OP]

No. Usually there are not,

but might be other laws

that you have to adapt to,

& allow you to circumvent or ...

you can change 'status' and then...

[Michael7051]

It is Poland, Ohio. The Village of Poland to be specifics as Poland Township has a whole different government. Here’s a link to their site:

https://polandvillage.org/home

[Bes175]

This a good start [lovely place by the way] now lets wait for MODERATORS to find right LINK [forum for americas or USA alone] and then  will be narrowed by state/ area; then people living there who know will more/ advise accordingly.

Also for 'general ideas' try Google to see how popular this topic is and what others have done; in the end it will boil down to determination and how much you are willing to fight for it; few cases I seen - weren't easy but some ppl did it.