In another interesting short-term rental case, the Pennsylvania Commonwealth Court [a kind of land-use Court of Appeals], concluded that a short term rental was consistent with residential single-family zoning. Marchenko v Zoning Board of Pocono Township, 2016 WL 4978459 (Pa. Commw. September 19, 2016). The local zoning official issued a notice of violation which was appealed to the zoning board. The property owner used the property as a primary residence for her purposes, and resided there the majority of the time, but leased out the property on a short-term basis to others. The zoning board ruled against the property owner but on appeal, the Pennsylvania court concluded that since the definition of single-family did not prohibit rental activity, that the accessory rental use was permitted.
Cases like this are appearing across the country, some permitting the short-term rental use, and some finding it inappropriate. Given the controversy here in middle Tennessee over the last year or two concerning short-term rentals, I’m sure we will see some more cases from the Tennessee appellate courts in the not-too-distant future.