IL Appeals Courtroom Upholds Village’s Discovering that Quick-Time period Rental Use Violated Zoning Code

This submit was authored by Julie Tappendorf, Esq. and it initially appeared on the Ancel Glick Municipal Minute Weblog. It’s reposted with permission.

In Wortham v. Village of Barrington Hills, 2022 IL App (1st) 210888, the Village notified a home-owner who was renting out their dwelling as a short-term rental greater than 40 occasions on VRBO that the short-term rental use was not allowed within the R1 district which solely permits single-family makes use of. The house owner ignored the discover, and continued to lease out their dwelling. The Village despatched two extra notices earlier than sending discover to look earlier than a listening to officer on the alleged Zoning Code violations. The listening to officer discovered the short-term rental use to be an illegal industrial lodging use that was not a permitted use within the R1 district underneath the Village Zoning Code and imposed a fantastic of $26,250 and ordered the householders to stop renting their dwelling out. When the householders continued to lease out the house, the Village cited them once more, and the listening to officer imposed a second fantastic and one other order to stop the unlawful use of the property. The householders appealed each administrative listening to choices to the trial court docket, which upheld the Village’s choices. The householders then appealed that ruling.

On enchantment, the Appellate Courtroom reviewed the Village’s Zoning Code, particularly to find out whether or not the short-term rental use was permitted underneath the R1 rules because the householders argued or constituted an illegal industrial use because the Village argued. First, the Appellate Courtroom held that the short-term rental use was notice a permitted dwelling occupation underneath the Zoning Code, which was the one authorized industrial use of R1 zoned property. The Courtroom decided that the householders’ commercial of the use on VRBO, the parking of a number of autos within the driveway throughout the short-term rental use, and the set up of a keypad on the door gave an outward look of a trip rental enterprise, not a single household residence. Second, the Courtroom discovered that the short-term rental use was not in keeping with the “intent and objective” of the Zoning Code which included the prevention of the dangerous encroachment of incompatible and inappropriate makes use of into residential areas. Lastly, the Courtroom rejected the householders’ argument that the truth that the Village prohibit short-term leases however permits long run leases was unconstitutionally imprecise as a result of the Zoning Code didn’t outline the suitable timeframe for illegal or authorized leases, discovering it to be an impermissible facial problem to the Zoning Code.

In sum, the Appellate Courtroom upheld the Village’s quotation of the householders for improperly utilizing their single household dwelling as a brief time period rental use in violation of the Village’s Zoning Code.