notice of zoning violation

[D0]

I just got back from a great airbnb trip to ibiza Spain.  I received a letter from my township that is a notice of a zoning violation cease and desist.  I have  my place rented most of the summer for the weekends.  They said I am operating a bed and breakfast.  It comes down to a neighbour that does not like the idea of me listing on airbnb.  so ignorant.  

Anyway, any insight is appreciated. Have you had any experience with the township or zoning.  I am so upset.  I have my house rented a lot this summer.  I love airbnb.  i think it is amazing.  Any input or knowledge would be appreciated.  how to approach this situation.  I have been researching since my arrival home.  way to come back to reality of a closed mind.  

[Karin5]

I am also in PA ..and I got hit with a zoning violation in my township, around the same time you did. I did not receive an official notice, but rather the code enforcement officer's business card taped to my door saying "please call me".  I wish I just said "it must have blown off my door", but I responded to it and the officer said there were "2 recent complaints" but gave me no details of the complaint whatsoever. The officer said I need to apply for a variance or cease operations. I find this "variance" as nonsense...I'm not turning my living room into a burger king or anything like that! I can't be the first one in the history of my township to be in the home-sharing industry. 

First I do not believe a business card with a handwritten message saying "please call me" is an official notice. As the property owner, I have the right to know the details of the "2 recent complaints". I am walking on eggshells on my own property. I have no idea what triggered the complaints or who did it. I contacted an attorney through legalshield.com and she wrote a letter to my township's zoming director, and the director only responded with the specific code violation and did not give details of the complaints.

I feel like I am being picked on. There are many airbnb hosts in my area...and their ads are still active. I wonder if they are getting variances too? Those who have long-term to permanant roommates get variances?

I love airbnb too, but I also depend on it for my financial stability, so I am fighting to keep it active.

[D0]

I am happy to work together withyou as we are both in Bucks County.  I think we need to do this as an airBNB community fighting for our right to share our homes.  my email is donnaroggio and i use gmail.  

[Karin5]

I just sent you a message (I didn't see your post until recently)

[Karin5]

WEll I went to the zoning hearing board last night...bad news...the variance I was forced to apply for (by the township) to continue operations was denied. I feared this happening. Too many neighbors opposed. I knew I was in trouble with a group of 3 - 4 neighbors showed up at the last minute prior to the start of the meeting, they arrived together and sat in the back of the room, away from me. It was a neighbor who reported me..and I knew applying for a variance was going to be an issue if it was a nearby neighbor who reported me. I am financially dependant on Airbnb, it's gone very well for me and I loved the people I met. It has also kept me financially stable and helped me keep my house. I am a widow with no children and I was just doing what I had to do to make ends meet.

I explained everything to the ZHB..the benefits of home sharing, the trust system of Airbnb (they compared it too much to Craigslist), how it kept me financially stable and helps me keep my property... and how the guests are screened byt having their ID's verified, so I see who was coming to my house, unlike Craigslist where you know nothing about the person coming.

to my knowledge, none of my guests did any harm to anyone's properties. The neighbors who came and opposed lived a few doors down from me (none of my adjacent neighbors showed) and this person reported me by finding my ad. I don't see how they could have noticed the different cars coming and going if they lived that far from me.

I was unable to get any hosts from my township together, and every lawyer I spoke to just sided with the township and said "just apply for the variance to get this resolved". However variances get many nearby neighbors involved which can create an issue.

Going to that ZHB alone - it was like a sheep going into a wolf convention. Not only are you facing opposing forces of the ZHB, but also the neighbors who are against you. As the old saying goes...strength in numbers...unfortunately the numbers against me, well, of course...very high since they were all against me...imagine that many people against 1.

I have a chance to appeal and I can keep operating 30 days after I get the letter or appeal...I will have to see if it's worth it..if I don't get other people on my side then this will just be a losing battle.

The zoning director said, after I showed how many other listings in my town there are...said "we are going after them and shutting them down".  This may prompt the other hosts to fight it. I doubt they will be given the option to apply for a variance since they just denied mine. But I think at this point to continue to fight this..I would have to got to a higher court, such as my county.

[David126]

In the US I would expect most residentials to ban short term rentals as they are Commercial by nature.

Where I am seems OK if you are zoned Mixed Use.

Just because you can apply for a variance does not mean one would be granted, I would expect in pure Residential areas it would be unlikely.

Just because there is a default appeal process does not mean it would be worthwhile.

I would expect many hosts fall into such a situation, they just have not been caught yet.

Same as many do not realise they do not have valid insurance.

[Karin5]

If I truly was in violation I would think I would have been given a cease&desist or cited on the spot from the day I was reported, and not have given the option to apply for the variance. As I said I was unsure about the variance early on but I thought it would give me a fighting chance so I was dependant on Airbnb for financial stability and loved the company. I tried to get other hosts in my township together by posting on here on the forums and starting a home-sharing club, and contacting airbnb...that was a no-go...so I knew I was in trouble going to that meeting alone...but I thought I might as well go to it since I would still lose money on the application fee either if I went or if I didn't show up. 

I am also not sure if the appeal is worthwhile...it would definately be pointless if I had to go at it alone again like I did for the ZHB. There's no way I can win the appeal on my own...this would need a large group of supporters.

I can get a long-term to permanant roommate without any trouble, since they are not considered "tourists" or "transients". The city can't stop that anyway. While I see the pro's of a long-term roommate such as consistant monthly payments...assuming they are honest and pay and don't become squatters, and there will be less issues with the neighbors of different cars coming and going. Of course the con's are, to name one, is the squatter. Also other roommate sites like Craigslist, guests are not screened.

The other option, which I have considered, is moving and making a fresh start in a new township. This local government and 3 or 4 neighbors have me on their radar which is not comforting. Of course if I go that route and decide to start a new airbnb listing in my new home...uhm, yes, check their local laws

[David126]

Suggest you check with a local Lawyer specialising in Property issues amd zoning etc.

[D0]

Sorry to hear about your experience.  i am going to create a facebook page for us all to have a place to post and communicate and get together to do our best to get airbnb back in my house and yours.  search for it.  airbnb hosts want short term rentals across america is the name.  i am working on puttin git together now.

[D0]

Hosts want short term rentals and home sharing across America

This is the page for us all to have a place to work through this and get laws changed.  I have faith in those of us that want it enough to work together for our rights to have short term rentals and home share.

[Sherry432]

May I ask how this turned out?

[Karin5]

For me, in 2018 I sold my house and moved to North Carolina. I'm not currently hosting, I was going to start up again but the pandemic threw a monkey wrench in it, but I have considered getting back into hosting. I am in a rural area. My nearest neighbor is about a 1/2 mile away, so less of a chance of being watched over.

[Maeve9]

I also was sent a cease and desist from my city zoning office here in Myrtle Beach, SC.

the zoning laws were changed 2 years ago under pressure from the hospitality (hotels) committee. But some homes in the more affluent beach front areas were exempt because of "grandfathering in laws" which I believe is a violation. These are entire homes for rent and mine is just a room in my home.

im looking for a Constitution Lawyer as I believe our homes are our castles and we have rights under the State Constitution. I heard that Miami Airbnb owners are trying this approach too. 

Thoughts?

[Curt0]

In zoning it is strictly the law.   So if a use was legal and then the Municipal responsible body change the law then the former legal users can continue under "legal non-conforming use" or grandfathering.  But new persons cannot conduct that as a use by right.  So suggest you carefully look at the zoning laws and see what is allowed in your zoning district now and determine what changes were made and when.  Then can you demonstrate that you did rent legally before the change. 

Also, and this is what we are going through right now.  What specifically did they say in the zoning code that you were violating.  Look at the wording of this code very very carefully.  Then go into the definitions section of your code and review every term they reference, such as dwelling,  single family dwelling,  short term rental,  family, bed and breakfast, and any others.  In our situation in Traverse City Michigan we will be fighting as the definition of dwelling is only the whole house and we rent out only the 2nd floor.  So our zoning code claims to limit short term rental (undefined in our zoning code and Black's Law Dictionary) of a dwelling to only 30 days or greater.  But we are not renting a dwelling.   We expect this legal action to occur this fall when we rent again as we too have received a cease and desist order.  You can call me if you so desire.  Curt Peterson   989-245-2758

[Chrissy0]

We've been renting a room or two in our home ever since it was legalized in Philly.  I just received an Initial Notice or Violation and Order.  They are stating that my property is being used as a bed and breakfast and is not zoned for this.  I thought the point of legalizing it in Philly was to amend zoning. So confused right now!

[David126]

I am going to guess the first issue is taxes and the second zoning. You need to comply with both.