How to figure out zoning needs for STR?

Question

Hey All,

Finally just closed on a one room schoolhouse that we are going to rehab and turn into a STR (posted before about it, and its been a roller coaster to finally get to closing).

My question is, its currently zoned as commercial 1, and we can rezone it without to much problem we think, but we're not sure if we need to/should rezone it. We called and talked to the town, but we got bounced around to 3 different people, and none of them really had any clue and we got different answers from each of them (it is a very small town).

The last person we talked to essentially said "you're really going to be treating it as a business, so you don't need to change the zoning". Part of me wants to run with that and start the renovations (turning it into a 1bed/1bath period-ish luxury space) but don't want to find out they gave us bad information when we are well on our way in.

Anyone run into a similar situation?

Kenneth Garrett · Answer

@Eric Sebast

If it is zoned Commercial I, go to that zoning district in the zoning code and take a look at the permitted uses. If hotels and motels are in the list you are probably ok.  Look at the definition of those uses, which most likely will say Residential of 30 days or less.  If it’s only allowed through a conditional use or special use then you’ll need to go through a public hearing.  Saying it’s in a commercial district is vague.  You need to look at the specific allowed uses.  If you are calling the city you will need to get a response in writing before you make such a large investment.  I was a Zoning and Building Official for many years.  Due your homework first and then you can ask relevant questions.

Kenneth Garrett · Answer

Let’s be clear on this.  Some jurisdictions have multiple commercial zoning districts.  You have to understand the district you are in.  Zoning is divided into different uses within different categories.  An apartment building might be allowed in C-1, but not in C-2 or C-3.  STR’s typical don’t have a category necessarily, but when you read the zoning definition of a hotel or motel it is similar.  This is how some jurisdictions are prohibiting a STR in residential district because are using the hotel/motel which is a commercial use.

Kenneth Garrett · Answer

@John Carbone

I agree John.  This is why when it comes to zoning you need to review each section in its entirety and each jurisdiction has a different set of rules. This should be part of everyone’s due diligence.

John Carbone · Answer

Tourist homes and inns are included here.

That’s what you are looking for. Also check the deed to make sure there are no restrictions on using it as a tourist home.

Eric Sebast · Answer

Already checked, deed is clear!

Karen Margrave · Answer

It's area specific. Someone must do zoning or planning in the town. Is there a code enforcement officer?  Some areas only allow STR in very specific areas, some require licensing some don't.  In my area on a Bed and Breakfast there's a component that requires owners to live on site. For STR you have to get a permit. You want to find out before you spend the money to furnish, market, etc. what your town requires. You may be the first one doing it, so will set the precedent.

Eric Sebast · Answer

Appreciate everyones help, got my hands on the zoning laws, and under the allowed uses for "Commercial 1" it allows Bed and Breakfast establishments, as well as single family homes. Their definition is:

BED AND BREAKFAST: An establishment in a private dwelling that supplies temporary
accommodations to overnight guest for a fee. Meals may or may not be provided. Tourist
homes and inns are included here.

I'm gonna follow up with the enforcement officer anyway and verify, cause I'm gonna need to pull permits for the well we need to put in and the electrical/construction we need to do inside, but looks like we'll be in the clear no problem.

John Carbone · Answer

While this is generally true, I had a situation once where it was zoned commercial, but there was a hidden clause at the county clerk where it was zoned commercial “agricultural” that did not allow str and that info was not readily available. Extreme example sure, but doesn’t hurt to cover all bases when making a large investment.

How to figure out zoning needs for STR?

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