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

This publish 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 bigger than 40 conditions on VRBO that the short-term rental use was not allowed contained in the R1 district which solely permits single-family makes use of. The home-owner ignored the uncover, and continued to lease out their dwelling. The Village despatched two further notices earlier than sending uncover 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 enterprise lodging use that was not a permitted use contained in the R1 district beneath the Village Zoning Code and imposed a nice of $26,250 and ordered the home house owners to stop renting their dwelling out. When the home house owners continued to lease out the house, the Village cited them as quickly as additional, and the listening to officer imposed a second good and one totally different order to stop the unlawful use of the property. The home house owners appealed each administrative listening to choices to the trial courtroom, which upheld the Village’s choices. The home house owners then appealed that ruling.

On attraction, the Appellate Courtroom docket docket reviewed the Village’s Zoning Code, notably to hunt out out whether or not or not or not the short-term rental use was permitted beneath the R1 tips on account of the home house owners argued or constituted an illegal enterprise use on account of the Village argued. First, the Appellate Courtroom docket docket held that the short-term rental use was uncover a permitted dwelling occupation beneath the Zoning Code, which was the one authorised enterprise use of R1 zoned property. The Courtroom docket docket decided that the home house owners’ enterprise of the use on VRBO, the parking of various vehicles contained in the driveway by way of the short-term rental use, and the prepare of a keypad on the door gave an outward look of a go to rental enterprise, not a single household residence. Second, the Courtroom docket docket discovered that the short-term rental use was not consistent with the “intent and goal” 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 docket docket rejected the home house owners’ argument that the truth that the Village prohibit short-term leases nonetheless permits long run leases was unconstitutionally obscure due to the Zoning Code didn’t outline the suitable timeframe for illegal or authorised leases, discovering it to be an impermissible facial disadvantage to the Zoning Code.

In sum, the Appellate Courtroom docket docket upheld the Village’s quotation of the home house owners for improperly utilizing their single household dwelling as a short while interval rental use in violation of the Village’s Zoning Code.