What should I do about City zoning laws?

[Jen-And-Dave0]

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.

[Pavel7]

I guess you'll have to contact a lawyer. If it's not in writing, you might challenge it. If I were you, I would consider the pros and cons of challenging it through a lawyer and going for the permit to see what makes more sense...

P.

[Alexis335]

I just got a letter and I feel like a real estate lawyer could pick this township's notice apart.  It was signed by a woman who was an intern last year and just graduated in 2019 (it's september 2019 now).  Either way, they say we are in violation of section 13, which doesn't pertain to the type of zoning our property is in.  She uses a term "day-to-day rental" which appears nowhere in the Zoning Resolution.

it looks like someone filed a complaint, may be our former tenants who we kicked out and did not return their deposit (cat urine is expensive and lasting damage).

well, this forum has helped I will ask about our options if we need permissions permits or variances.

and I fully intend to keep a level head when calling tomorrow morning.

wish me luck!

[Melanie58]

You know, if I were you quite honestly I would do a search of your city and see who is operating airbnb's, and message all of those people in the airbnb app - and I am not at all talking about being hot headed or sky-is-falling here, but just first attempt to gather them together for a meeting.  Maybe ask for their email contact, explain the letter you received, and that you want to discuss how to proceed in a short, informational meeting.  

It is quite likely the case that the city doesn't really have a plan, and they are in a way blowing smoke.  I know because I am on the board of my hoa, and my hoa was blowing smoke threatening to sue an airbnb operator, but we have now received multiple legal opinions saying that they don't have a leg to stand on.  Did the hoa tell the homeowner that the lawyers said that?  Of course not.  They are continuing to posture.  

So anyway, contact maybe three lawyers and ask them if they would be willing to write a legal opinion with a pretty defined scope.  That might set you back a couple hundred dollars. It is simply a letter that will explain where you likely stand legally and where you have to go.  That's why I think you should contact others in your area - if say 20 people get together and are willing to donate $10 each, you could really conver this thing.  And with a large group in Washington State, you might even be able to find a lawyer who would give you 30 minutes of their time for free - who knows.

While I haven't specifically dealt with issues of short-term rentals in Bellingham, I have dealt with other neighborhood-ly issues successfully and I would just encourage you to get together a large mass of people, welcome everyone's voice, and advocate for your cause respectfully, with a very level head.  Your city officials may be imagining a bunch of 20 somethings renting out their houses for crazy orgy's or God knows what.  Put a face on Airbnb that is suburban, boring, and relatable, and hopefully you can get some traction in the right direction.

Also, for what it is worth, I have chosen to pay taxes from the get go (it's about 13% here for the hotel tax) just so that if we start getting push-back I can easily show that my intentions are honest and I am contributing to the economy through my business.  

It may be worth your time to demonstrate that you are complying with any regulations as much as possible.  And also, yourself and your fellow bnbers in Bellingham may do well to get into as many advisory positions as possible to steer things in a bnb-friendly direction.  I serve on my HOA for this purpose, but participting on any kind of volunteer advisory committee for the city, county, or neighborhood is totally a good idea if you can make the time for it.

[Jen-And-Dave0]

Thanks for your great advice.  Do you know if there is a way to send one message to multiple hosts in my area?

[Kevin-An-Dorinda0]

We are going through the same thing. We joined our community council. We pay taxes. They want us to file for a variance code for a rooming house

[Curt0]

Hi Kevin and Dorinda,

This is all about zoning regulations.  So if you are in Cincinnati directly you can go on line and look up the zoning regs for your district.  So if you are in a residential zone you can see all of the uses allowed.  Also very important is the definitions section, near the top.  See what the definition is of rooming house.   Do you feel that your situation fits "rooming house"?  

How did you get contacted and what rule did they say you were breaking?   Do you rent out your whole house or just a shared space?  Let us know. 

Regards,   Curt

[Kevin-An-Dorinda0]

Hello, we received a letter in the mailfrom the city. The violation stated we were running a bed and breakfast. We met, determined we were not running one. I do not feel we are running a rooming house either. They want us to request a permit and code variance.We have full support of our neighbors. Apologize for good medical errors.g to address the other people in Cincinnati. They said they get thousands of calls about code violations. We were chosenbecause our next-door neighbor called in to report a loud party. He actually exaggerated. Being petty because we did not give him contractor work. We took the listing and blocked for the next six weeksas we meet for hearing

[Curt0]

Hi Kevin and Dorinda, 

I am still a bit confused.   They need to tell you specifically what zoning ordinance  they think you have violated.  You mentioned at first they said Bed and Breakfast.  Well you were not that.  I thought you mentioned rooming house.  I check the Cincy zoning definitions and you are not that either.   So what is this hearing?    They are not being clear with you.    They have to tell you what zoning ordinance they think you are breaking.   They should list an actual ordinance by number.  They cannot just ask you  for room dimensions and so forth.  Actually those lazy civil servants........ they already have that in their records for tax assesment purposes.  Please explain the hearing.  

So in many municipalities there is a rule against short term rentals, meaning any whole house rental for less than 30 days is against zoning rules.      Not sure if Cincy has such an ordinance but since you are talking to city officials my good guess is that they would have brought that up if they had one.  So while I will not assume that I think that is good news for you.   That is how so many communities squash Airbnb and VRBO.  

You also mention that you are quitting for 6 weeks or so.   Why?   They haven't told you what zoning violation they would charge you with.  On the other hand if there is an actual zoning violation it could typically be up to $500 per day.  You are doing a great job in fighting back.  Keep it up and keep us posted.    Too many cities and townships are bullying people by sending letters and notices that are not based on law:  only what the local politicians think they want.    Regards,   Curt

[Molly70]

Hi Queen City peeps~  Im in Clermont County and was wondering if the concerns are Hamilton county or city?

Does anyone know where to find the relevent laws and codes in small rural communities.  Also Ohio has townships, which is another entity to consider.

[Curt0]

Hi Molly,

For Bethel Ohio the zoning regs are:  http://www.bethel-oh.gov/zoning-guide/

But if you are in a township then go to your township .gov site and look for the zoning code.  Then determine what zoning district that you are located and go to that section and read what is allowed/not allowed.  There will be a definitions section near the beginning so look at those carefully.   Next (many codes are searchable ) check out text for short term rental.  Many communities prevent whole house rentals to 30 days or greater so look for that wording.   What township do you reside?  What issue(s) are you interested in?  whole house rental or partial house rental or other?  Regards,  Curt Peterson

[Molly70]

Hi Curt!!  My apologies for not recognizing your response.  I did, however, look into the local laws and zoning codes that would apply ~ seems there are none for "home sharing" here in the township.  Some time has passed since my initial concern about local laws.  We are now almost one year in as hosts and again I am revisiting local laws. Searching again for direction and/or regulations regarding zoning and  I have found nothing in the form of rules to follow.  We will continue to open our home and beg forgiveness since there seems no place to ask permission.  I believe the County is grateful for Airbnb hosts:)

[Kevin-An-Dorinda0]

Hello, apologies. Having difficulties with my phone and messaging. Cannot get to a laptop. We are on vacation. We are going to continue to run our Airbnb. We will not let them Singleus out. We rentwhole house. We do not reside in our Airbnb. The city also wants us to provide room sizes to confirm that the number of individuals that we say we can host is adequate. They are inviting the community Council for the area that our home is located in. We do pay our taxes and claim it on our tax return

[Lisette28]

Hi Curt... I am hoping that this reply is going directly to you and not the original person who started the thread. So, I read all these responses and wanted your input because of the situation I encountered. When we started Airbnb a month and a half ago my father in laws suggested looking into a permit with the city of Saginaw. I dragged my feet but finally got around it last week. When I called and asked over the phone if I could go get a permit, the lady told him none would be granted for this and that its not allowed in the city. I protested kindly that there are several Airbnb’s in the area and how is it that it is not allowed. She said if there are, they are all operating in violation of the zoning laws. I panicked. Especially since she asked me for my address to check if allowed in my area and I gavae her my address immediately. I spent two days real nervous after that and did what you suggested here, look up city zoning rules and printed them out. NOTHING suggested Airbnb activity is a rooming house and all the things they mentioned are not allowed, we are not doing ANY of it, such as a sign in the yard, numbers on doors, merchandise in the home, business office where the general public comes in and out, traffic jams etc. etc. So I felt better once I had something in writing that showed we are not violating anything the city has in writing. WELL... guess WHAT!!! Today, just a week later,  two men come to the door and ask for my husband and ask if we live here long term. When I asked what this was about, he responded that they have areceived a complaint that we are running a bed and breakfast at this address and that is what they came to check out. I told the man “that was a flat out lie! The city has received NO complaints, that was ME calling on my own accord, to ask questions. NO one has called them to complain about such a thing and to get the records straight. This is our home, we live here”. They were a bit embarrassed as they were just acting on city orders and had no idea who called or what Airbnb is even. They asked what I had called about, I told them I wanted to know about Airbnb since there are several in the area and that I was that caller myself! I asked them if they wanted to come in our house and inspect which they declined. I didn’t tell them necesarilly that I am hosting an Airbnb but clarified that this was what I had called about and that I had researched after making that call and found that nothing in writing banned Airbnb and left it at that. They apologized and said they would take the info back to the city, that there is no info on line that addresses Airbnb’s and were new to the term themselves. After they left I kicked myself because I should have asked for a copy of the written document they brought that had on it that we were running an Bed And Breakfast at this address and keep it for my records and ask for their names. I didnt. With your experience, what should I do next if this is something they will keep eying us for? Should I talk to a lawyer? Should I contact the other Airbnb’s in the area to have a meeting? Would they keep harassing? Thank you for your response, not sure how I would get a response from you, if I would get a notification if you do respond. I guess I will come check back. 

[Curt0]

Hi Lisette,

send me your email address.  I will look up Saginaw zoning.  Are you directly in the City and do you know your adresses zoning code? ( i. e.  Residential or commercial). Regards

c

Curt 

**[E-mail address and surname hidden due to safety reasons - Community Center Guidelines]