What should I do about City zoning laws?

Jen-And-Dave0
Level 1
Bellingham, WA

What should I do about City zoning laws?

I received a certified letter from the city of Bellingham, WA indicating that I am operating an illegal “bed and breakfast”. The letter states that the city’s intent is to not allow short term (less than 1 month) rentals in a residential neighborhood. They indicate that I must shut down by August 1st or face enforcement action.

I called the city planning department and talked with the person that sent the letter. He said that, while this “short term” rental rule is not in writing, it is the intent of the code.  When I pressed him about the hundreds of other Airbnb’s in town, he said they are not staffed to inforce the code but deal with this issue on a case-by-case basis when they receive a complaint. 

According to this planner, our only option is to file for a conditional use permit to operate as a bed and breakfast. This sounds like a fairly lengthy and costly process and there is a good chance that the city will not issue a permit as it is at the discretion of the planning commissioner.

I find it hard to believe that a city could operate on rules that our not documented.  I also think that it is unfortunate the other people renting through these services are likely unaware that they are only one complaint away from being shut down.

Any advice would be appreciated.

66 Replies 66

Hey Kevin and Dorinda - I'm also a host in Cincy and was wondering what you discovered about permits for Airbnb hosts locally. I've searched online but haven't found anything definitive.

Margan69

I intend to become a host very shortly.  I was wondering if you formed an LLC, consulted an attorney or had to apply for any permits.  I want to make sure I'm following laws but am not sure where to go and obviously want to keep expenses to a minimum.

Renee

Dear Melanie, can you please be specific what kind of "grey" legal areas HOA might have when threatening to fine/sue a condominium owner for short term rentals? I am facing issues with my condo association. I would like to equip myself with as much information as possible! Thank you! 

Curt0
Level 5
Traverse City, MI

Ok,  I have had some experience in this type of matter but I am not a lawyer.  It is all about the what is law and ordinance.  Go on line to your town of Bellingham zoning ordinaces.  Look up your property and see what zoning code you are in.  I live in Mich so I do not know your town.  But you may be in R which is residencial.  So after you look up your zoning code find out what are the legal uses.  Also look up your towns definition of B and B.   Here in Michigan it is something like a house which offers rooms AND SERVES BREAKFASTS AT NO ADDITIONAL COSTS TO TENANTS.  So in our case we did not SERVE a breakfast but did provision a mini fridge with some snacks and a great bottle of Old Mission Pen Reisling.   Don't be bullied but find out what is legally allowed.  In most or some zoning codes there is discussion of short term rental.  This is common and we have it here where I live in Michigan.  But short term rental is only for if you rent out your entire house.  So if you live in a portion then you can rent to your hearst content and not be in violation of a zoning code.  In our state (MI) you are allowed to rent out a portion of your home as long as it is less than 50% of the living space and not have your taxes increased and as long as you do not actually serve a breakfast you are ok.   We just won a tax appeal filed by our local township.  Let me know more details.   I would like to help.  Don't let yourself be bullied.  It is all simply what is law not that someone in Bellingham Plannind Dept wants to stop Airbnb.  So if I get your situation they are threatening you with a zoning violation for which they could fine you, say $500/day perhaps, if that is what your zoning ordinance says.    Community does not offer my ability to give you my phone number or email unfortunately.  But spend some time online going over your zoning ord.

 

Regards,  Curt **

I see Curt's replied.  He is a very good source.   Helped me alot.  AirBNB should hire him as a consultant.  He has valuable advise.  My husband and I want to visit his home thru AirBNB sometime; great location.

 

You are going through a difficult time.  I join you in this as I received a cease and desist in May 2017.  The town still has not come up with a plan on what they are going to do.  sucks

 

Possibly the link below will show..it is the Facebook page I created KEEP LAKE BLUFF LIVEABLE. (please join)  Curt is right that it is law they follow, but pressure in town and political favortism has swayed interpretation at the lower levels.  My town is a home rule town.  My town is in Illinois, land of the corrupt politicians; a breath away from bankruptcy state with some of the highest taxes in the country.  Using this knowledge of greed, I offer tax revenue when they regulate...  The reality is, for my state, they desparately need the money.  Where is the weakness in your area that you can solve by offering safe accomodations 

 

https://www.facebook.com/groups/308127622926147/

Curt,

I own one Birmingham. The neighbors hate it but so far no action. I keep the house looking like an HGTV super house. Impeccable  in every respect so I don’t get it?

Your neighbors dont want random strangers living next to them, whats not to get about that? some people like to know who is living next to them, Rose

Curt I have one in Birmingham Mich and I’m under contract to buy a second one in a historic area in Livonia. I’ve read the codes and I don’t see a violation but it’s a bit overwhelming how many there are. Any short cut suggestions?  Our realtor is not helpful. 

I’ve been an Airbnb host now for 4 years .. love it !.. I just recently received a certified letter threatening me with $500/day tickets for running a bnb... I live by both hospitals here I rent mostly to professionals here traveling nurses and doctors to name the majority of my renters .. no loud noises no partying no cars on street but supposedly there was a complaint and the complaints were false because they said wild parties and naked swimming in my pool which has NEVER EVER happened !!!.. I am an empty nester pushing 60 and this has become a part of how I live .. this could ruin me and I cannot understand what the problem is and why I own my beautiful home that I want to share the homey comfort with those traveling for work .. I’ve had no problems no thefts only wonderful people 

Sharon4
Level 2
Lake Arrowhead, CA

Jen and Dave, any update on what has happened in Bellingham?

We are in San Juan Capistrano and our City is currently in the process of rewriting laws, with the intent of limiting Short Term Rentals. This all came about becuase one airbnb house in our town has been renting to large groups which have not been respectful of the neighbors. Other hosts such as myself are now in joepardy and the city wants to write stricter laws. We want to educate the city staffers and others on the other face of airbnb. We would love some examples of city codes that have been well written and have been fair to all. 

Sharon

We are going through the same thing right now in our little town. We were sent a letter from the city zoning board saying we were in violation of city zoning laws. We're in a residential area that is not zoned for bed and breakfasts, or short term rentals. We are in the process of banning together with nighbors to submit a text amendment to the code. Hopefully, the majority of city council with be liberal enough to see progress. All of our experiences with AirB&B have been very postive. It started out as a way to generate revenue to upgrade out home, but has become something we turely enjoy doing. 

Hi,

What city?  What did the letter specifically say?    Do you know your homes zoning code/district?  Do you rent out your entire home or  just a portion?  

Kankakee, only a portion I rent, saying zone R-1,... been doing this for 4 years with NO ISSUES... I’m so distraught right now 

Kankakee Illinois ..accused me of having complaints.... which I know if so they are not accurate cuz I have had no issues here whatsoever ..saying I’m running a b& b and my zone is R-1.. I only rent a portion not whole house .. please help me .. I love what I do and this is part of how I make a living .. my niche is catering to traveling nurses /interning doctors /traveling professionals ... I am 5 star ..

Our city here in Bellingham seems to be finding bad examples for Short Term Rental regulations.  A good example would be welcomed immensely.