Opening a bed and breakfast is often a matter of concern in many areas.
Many guesthouses are opened in private homes, and since many communities have zoning ordinances that regulate the use of private property, aspiring innkeepers should investigate whether current zoning allows for these types of businesses. Failure to comply with local zoning laws can result in fines and other legal complications. Some bed and breakfasts have been opened only to be closed by their local government.
Aspiring innkeepers should raise the issue of zoning first, before continuing. If there is a problem, you may have a variety of options to look for, but you need to find out before investing unnecessary time and money.
Zoning
Zoning laws and regulations are generally enacted locally and control the use of private property, although not all communities have enacted zoning regulations. Zoning involves dividing the community into multiple districts, such as agricultural, residential, commercial, industrial, and public use. A zoning map should be available from your local municipal office.
Depending on where your potential B&B property is located, it may be necessary to discuss zoning matters with municipal, municipal and / or county officials. (It may be helpful to first consult with a local attorney who deals with zoning issues.) If zoning regulations have been adopted, a review of the law should be conducted to determine if a B&B establishment is allowed.
The zoning law must describe the procedures necessary to request a change of use (from a house to a B&B). In those cases where a B&B is a permitted use, generally very little is required to affect the change other than a zoning permit application.
Zoning inspectors typically approve changes in use that are consistent with zoning laws. If the request is denied, the landlord can appeal to the Board of Zoning Appeals. In some cases, if the appeal is denied, then an alternative is to request a variance.
In some communities, the zoning law has provisions for “conditional use permits.” Applications for conditional use permits go directly from the owner to the Board of Zoning Appeals.
Each conditional use permit is considered on an individual basis. The zoning law normally contains general and specific standards for conditional uses. The approval of the B&B as conditional use means that it must comply with the general and specific standards.
In cases of appeals, variations and / or conditional uses, the zoning law specifies the procedures to be used, which generally include the filing of an application, the scheduling of a public hearing, the proper notification of the hearing, the holding of the hearing and making a decision. It is not unusual for the process to take up to three months or even longer. The decision of the Board of Zoning Appeals must be appealed to the Court of Common Grounds.
Beyond appeal, variance, and / or conditional use, the only recourse for zoning changes is to amend the law. Zoning is not rigid; It must be updated periodically. However, this does not mean that just because you want to open a B&B, the laws need to be changed. Anyone considering a bed and breakfast in a community where zoning does not allow it, must realize that changing zoning laws is a very long process, if it can be done at all.
The main problem today associated with the approval of a bed and breakfast in many communities is the local zoning law. Since many of these laws were written before B & Bs became popular in the United States, many do not contain a definition of bed and breakfast. In some cases, local zoning officials have allowed B & Bs as long as they meet defined standards for guesthouses or tourist homes. Several communities have or are in the process of amending their zoning laws to clarify this problem.
In communities where B & Bs may not be allowed or other problems exist, it is recommended that the owner seek legal help from someone who has experience with local zoning regulations. Managing zoning regulations is complex and requires a lot of attention to detail. In many cases, the decision to allow a bed and breakfast is in the potential owner’s ability to convince local officials that establishing a B&B would be to the advantage of the community.
Eleanor Ames would like to thank Ed Smith, who wrote the original data sheet on which this article is based.
This series of worksheets and information was originally written by Eleanor Ames, a Certified Family Consumer Science Professional and a 28-year Ohio State University faculty member. With her husband, she ran the Bluemont Bed and Breakfast in Luray, Virginia, until they retired from the inn. Many thanks to Eleanor for her kind permission to reprint them here. Some of the content has been edited and links to related features on this site have been added to Eleanor’s original text.
