B & B Zoning

The opening of a bed and breakfast is often an issue of  concern in many areas. The majority of the bed and breakfasts are opened in private homes. And, since many communities have zoning ordinances which control or regulate the use of private property, potential operators of a bed and breakfast need to investigate whether zoning can be changed to fit the needs of this type of home based business. Failure to meet local zoning laws can mean fines and often legal actions as well as loss on money on the owners part.

Homeowners or potential buyers interested in running a bed and breakfast should raise the issue of zoning first before going any further with plans. If there is a problem, you may have a variety of options to pursue, but find out first before investing your time and money.

Zoning

Zoning is a locally enacted law that regulates and controls the use of private property. Not all communities have enacted zoning regulations. Zoning involves dividing the community into districts for agricultural, residential, commercial,industrial and public uses. The zoning law then states which specific uses are permitted in each district and under what circumstances.

Depending on where your potential bed and breakfast property is located, it may be necessary to discuss zoning matters with township, municipal and/or county officials. If the community is not zoned, then the homeowner should be allowed the proposed change in use. However, if zoning rules have been adopted, a review of the law must be done to determine whether a B & B establishment is permitted.

The zoning law should describe the procedures necessary to make a change in use. In those cases where a B & B is a permitted use, usually very little is required to affect the change other than a zoning permit application.

The zoning inspector would normally approve a change in use that is consistent with the zoning laws. If the permit is denied by the inspector, the homeowner can appeal to the Zoning Board of Appeals. In some cases if the appeal is turned down, than an alternative is to file for a variance. A variance is a type of appeal since the homeowner must first go to the zoning inspector with an application for a zoning permit. When the inspector disapproves the application, the homeowner files a request with the Board of Zoning Appeals for a variance from the strict application of the zoning law.

In some communities, the zoning law has provisions for "Conditional Use Permits". Applications for conditional use permits go directly from the homeowner to the Board of Zoning Appeals.

Conditional use possess unique or specical characteristics relating to size, traffic generation, method of operation, location and design. Each use is considered on an individual basis. The zoning law normally contains both general and specific standards for conditional uses. Approval of the bed and breakfast as a conditional use then means it must meet general and specific standards.

In the cases of appeals, variances, and/or conditional uses, the zoning law specifies the procedures to use. The procedures usually include the filing of an application, scheduling of a public hearing, sending notice of the public hearing to all interested parties, publication of the public hearing in the newspaper, holding the public hearing and making a decision. It is not unusual for the procedures to take anywhere from two to three months. An appeal of the decision from the Board of Zoning Appeals must be made to the Court of Common Pleas.

Beyond the appeal, variance and/or conditional use, the only resource to zoning changes is amending the law. Zoning is not rigid and it should be updated on a periodic basis. However, this doesn't mean that just because you want to open a bed and breakfast that the laws should be changed. Anyone thinking about a bed and breakfast in a community where it is not permitted by zoning should realize that attempts to change the zoning laws is a very long process and will need a wide base of support.

The major problem today associated with getting approval of a bed and breakfast in many communities is the local zoning law. Since many of these laws were written before bed and breakfasts became popular in the United States, many of them do not contain a definition of a bed and breakfast. In some cases, local zoning officials have permitted bed and breakfasts as long as they meet the standards defined either for boarding houses or tourist homes. A number of communities have or are in the process of amending their zoning laws to clarify this issue now.

In communities where bed and breakfasts may not be allowed as permitted use or there are other problems, it is highly recommended that the owner seek legal help from someone who is experienced in zoning regulations. The administration of zoning regulations is a very complex procedure which requires a lot of attention to detail. In many cases the decision of whether to permit a bed and breakfast lies in the ability of the potential owner to convince local officials that the establishment of a bed and breakfast would be an asset to the community.



Previous  |   Table of Contents  |  Next