AirBnB is it a bed and breakfast

[Tom R.]

Ive been researching building an AirBnB rental. The town I planned to build in has very strict regulation on bed and breakfasts.

They must be owner occupied. They must be over 2000 sq ft. They must be in a region zoned for multiple occupancy. They must be on an arterial street...

There is also a 10% transient tax.

But I'm not sure AirBnB actually qualifies as a bed and breakfast. The code stated that a Bed and Breakfast provides "Table and Board" to short term guests. So as long as I don't serve meals I am not a Bed and breakfast. Am I correct in this assumption?

The county is much more clear. A bed and breakfast provides boarding for no more than 5 guests and serves a continental breakfast.

The county also has a lower transient 6% tax

I am planning on building a new home for this because currently new construction is being listed at the same price per. sq. ft in my market as 50 year old homes. In the city it will be cheaper to hook up utilities but the tax is higher and they may decide it is a Bed and Breakfast and shut me down. In the county the land will be more expensive unless I go so far out there are no utilities but the tax is cheaper and I am certain it is not a Bed and Breakfast.

Currently I am planning on building in the county in a region that already has utilities but if I can get a more clear legal definition of what is a Bed and Breakfast I might buy within the city limits.

What are your thoughts?