Regulations for short-term rentals tabled in county
Action on potential regulations for short-term rentals like VRBOs and Airbnbs has been tabled at the county level.
The issue first came up at the April Planning Commission meeting and then again at a task force meeting to specifically address the issue.
Regulations received a frosty reception at both meetings.
“I wouldn’t consider the subject abandoned,” Deputy Planning Michael Lyon told the Times Observer. “The Warren County Planning Commission tabled the discussion and it could be revisited at some point in the future.”
Lyon said at the April meeting that the regulations were prompted “through several concerns called into our office.” The goal is to find a “happy medium” from a regulatory perspective. Many of the regulations, he stressed, are “actually directly in line with the building code.”
The one exception is a requirement for signage detailing a 24-hour contact.
“That is one of the things that was highly suggested from a lot of the legal review that we’ve done,” he said.
A task force was assembled including members of the public and Commission.
Arthur Stewart suggested at the task force meeting in May that the proposal was derived from a “limited authority” vested under the county and addressed issues of taxation and fire safety that “aren’t traditionally regarded or legally regarded” as items to address in a zoning ordinance.
He pointed out that there are “similar facilities” in the existing zoning ordinance — ranging from personal care homes to bed and breakfasts — that have “no regulation of what rooms persons can sleep in” or safety signage requirements.
“Why are we singling out short-term rentals for such harsh and unusual treatment?” Stewart asked.
During that meeting, Ed Sekerak added that some of the regulations – indoor safety signage, for example – “would require someone to do an inspection.”
He said the county “better have the ability to enforce it.”
“It’s still going to limit the right of the people that own those types of property,” he argued. “It becomes a deterrent to people that come and visit the area (and might look to purchase property). Tourism is the only thing you’ve got to look forward to here.”
“The committee created was one of the first steps in the process of developing an ordinance related to short-term rentals (STRs),” Lyon explained. “Developing a new ordinance involving STRs would be similar to when the Backyard Chicken ordinance was created and adopted.
“It would involve work groups, committees, negotiating, and review of drafts. It would involve the efforts of the County Planning Commission, the staff in our office, the public, and if warranted a recommendation to the Board of Commissioners.
“I have had no comments presented to my office for some time; no expressed support or complaints regarding STRs.”
A bill currently before the state House Housing and Community Development Committee would address some of the issues raised during the debate locally.
HB 1363 would set a state-wide code of conduct for short-term rentals “that will simply reiterate the need for these types of rentals to be in compliance with all local, state and federal laws,” according to a co-sponsorship memo.
“This can include all occupancy, parking, noise limits, or even the registering and licensing requirements that local communities already may have in place. In addition, my legislation will provide legal relief options for neighbors and local communities when a short term rental property becomes problematic, and a local government does not have the policing force or manpower to enforce their ordinances and laws that the property is in noncompliance with.”
The bill as proposed, though, doesn’t just gang up on short-term rentals.
“My legislation will also prohibit local governments from unnecessarily prolonging or stalling the licensing or registering of short term rentals that are in compliance with all ordinances, laws, or requirements,” he wrote. “Finally, my legislation will allow the courts to direct listing platforms for short term rentals to delist properties, if they are continuously a nuisance property, and the court deems delisting necessary.”



