Zoning Ordinance might shut me down

Justin1066
Level 1
New York, NY

Zoning Ordinance might shut me down

It’s my 3rd year hosting, in Virginia Beach And they implemented new zoning ordinances in Nov 2019. We have never had any major issues or problems over the entire course of hosting, but our neighbor decided to complain because she hates me and can’t stand to see young people living out their dream. (There is a long list of others, not just young people, who she harasses in the neighborhood, I guess she just has nothing better to do.) It is a stand alone house, she literally does not have to interact or hear my guests at all... I guess she can’t handle seeing strangers on the street from time to time.

 

I have been registered and permitted with business license and Commissioner of the Revenue, and paying taxes to the city the whole time (8%!) she would have complained long ago but obviously figured out that she can get me now because the new zoning laws require 1 off street parking space per bedroom, which I do not have and probably will not be able to provide. 

So an inspector came by, I was told by a different neighbor who tried to stand up for me. And then I received a letter in the mail to register with Zoning. They didn’t explicitly tell me I had violated something nor did they suggest I shut down nor did they say what the consequences would be if I didn’t comply. The second page however said I needed to appeal the decision/violation within 30 days if I wished to make an appeal. 

 

I emailed the contact listed on the letter and all he said was to submit my docs to zoning... and that even if I was grandfathered in (to start a new Airbnb now you must have a hearing for a special use permit) I would still have to comply with the new ordinances. We have many reservations for the rest of the summer I would hate to cancel for people.

 

I’d like to honor my reservations on the calendar through Sept 15, but I’m worried about winding up with some insane fines or some legal repercussions. Very sad situation for me as without short term rental income I will likely have to sell the house. 

6 Replies 6
Alexa3519
Level 2
Washington, DC

Hi Justin,

 

I'm an attorney with the Institute for Justice, a non-profit, public interest law firm. One of the issues we specialize in is fighting against unreasonable zoning restrictions. If you have a few minutes to talk, I would appreciate learning more about the trouble you've been having because of Virginia Beach's new ordinance. Please feel free to reach out to me at agervasi [at] ij [dot] org.  If you'd feel more comfortable doing so, you can also go to ij.org and share your experience through our "report abuse" link.

 

Kindly,

 

Alexa

Hi Alexa,

 

Curious if you are working with other hosts in VA Beach trying to fight these unfair regulations.

 

Jorge

 

Helen3
Top Contributor
Bristol, United Kingdom

Rather than selling the house why not look at long term rentals @Justin1066 

We are thinking about that as well but the beauty of short term rentals is that me and my family can also enjoy the house, but if the new regulations are put in place we will have no other option...

I am in the very same situation, I would have to expand my driveway to allow 4 cars to park! on top of that, the zoning office told that even if I comply and get a conditional use permit (takes 3-5 months) it would only be valid for a few years since VA Beach is considering banning short term rentals all together, except in the Sandbridge area (rich part of town)... I would love to connect to other hosts to see if we can do something about it. I, like others, rely on the additional income. 

David7097
Level 2
Normal, IL

We too were told by our county in Illinois that we can no longer rent out our restored l1865 cabin because the Zoning board feels this is another residence on the same property our main home resides. The cabin has no plumbing, only a fire pit outside and park like grill. We too were turned in by our noisy neigbor. We had doing so well for close to 2 years, now we're shut down. Weve asked the zoing board what qualifies as a residence, but no reply.