Wednesday, February 2nd, 2022
Banning of some rentals possible
By William Kincaid
CELINA - A proposal to restrict short-term rentals of properties in Eastern Jefferson Township will advance to the next level following action taken Tuesday night by Mercer County Zoning Commissioners.
Zoning commissioners voted 4-0 Tuesday during a fourth public hearing to prohibit short-term rentals in low-density residential R-1 zoned areas, but allow short-term rentals under conditional use in medium-density residential R-2 and high-density residential R-3 zoned areas of East Jefferson Township.
Zoning commissioners passed a similar recommendation in October. However, planning commission members on Nov. 17 kicked it back to the zoning commission, asking for further study, comments and additions, assistant county prosecutor Andy Hinders explained Tuesday.
Zoning commissioners again accepted testimony on Tuesday, hearing from both supporters and opponents of placing restrictions or regulations on short-term rentals that often are listed on online sites such as VRBO and Airbnb.
After listening to a brief round of arguments made in favor and against restrictions, zoning commissioners on Tuesday fleshed out details and added definitions to the recommendation they had made in October.
Under their recommendation, short-term rentals would be permitted as a conditional use in R-2 and R-3 areas as long as property owners meet a host of requirements. Among the requirements are providing proof of inspection by the Mercer County Health Department and the Celina Fire Department; proof of working smoke and carbon monoxide detectors; proof of having one vehicle parking space for two adult short-term rental guests; proof of providing right-of-entry to the county sheriff, Celina Fire Department, county health department, and county zoning inspector; and proof of good standing with the county treasurer and county sanitary department, if the sanitary department provides services to the dwelling.
Additionally, property owners would have to provide the name, email address and telephone number for a person who would have total responsibility for the short-term rental dwelling and be available on an annual, daily, 24-hour basis.
Mercer County Regional Planning Commission will now take a look at the recommendation at its next meeting set for 7 p.m. Feb. 16 in the first floor conference room of the Central Services Building in Celina. Planning commissioners can make comments but take no other action on the zoning amendment proposal, Hinders said.
The proposal would then come back to zoning commissioners for at least one more public hearing. Zoning commissioners would then have the option to forward to the proposal to county commissioners for a final ruling. That ruling, regardless of the outcome, would be subject to a voter referendum by electors in part of East Jefferson Township.
Over the course of four public hearings, some people who have lived for many years in their homes in East Jefferson Township said they don't want to live next door to properties that have a revolving door of transient occupants. They had cited alleged incidents of trespassing on private property, excessive noise and other nuisances caused by transient renters.
Zoning commissioners also heard from those who had purchased homes in the area as investment properties expressly for short-term rentals. These people argued that restricting the use of their homes would amount to a violation of their property rights.
The county zoning commission regulates only East Jefferson Township because it is the only township in the county that more than 40 years ago voted to be governed by them.
