Agenda - Planning Commission - 08/06/2015

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Zoning Bulletin July 10, 2015 1 Volume 9 1 Issue 13 See also: Dual Inc. v. Lockheed Martin Corp., 383 Md. 151, 857A.2d 1095 (2004). See also: Hill Const. v. Sunrise Beach, LLC, 180 Md. App. 626, 952 A.2d 357 (2008). See also: Tri -County Unlimited, Inc. v. Kids First Swim School Inc., 191 Md. App. 613, 993 A.2d 146 (2010). Case Note: In its decision, the court noted that if Moe's had revived its right to do business, before or during the 30 -day period for filing a petition for judicial review, and had subsequently filed that petition for judicial review, within that time period, then, as long as it could show that it fell within one of the three categories of `persons" who could file an action under L. U. § 4-401(a), Moe's would have been able to oppose the Board's decision in the circuit court. Uses—Single-family dwelling owners rent property for short terms County and owners dispute whether zoning ordinance prohibits short-term rentals Citation: Vilas County v. Accola, 2015 WL 2193002 (Wis. Ct. App. 2015) WISCONSIN (05/12/15)—This case addressed the issue of whether a zon- ing ordinance permitted short-term rental of single-family detached dwelling units located in a single-family residential district. The Background/Facts: In June 2012, Harlan and Brenda Accola (the "Accolas") purchased a home on a lake in the R-1 zoning district in the Town of Presque Isle, County of Vilas, Wisconsin (the "County"). Shortly after purchasing the property, the Accolas began advertising it for rent, for stays as short as two nights. In July 2012, the County notified the Accolas that single- family residences in the R-1 district could not be rented for periods of less than one month. The County asserted rentals of less than one month consti- tuted "transient lodging," as that term was used in the section of the ordinance governing the Residential/Lodging ("RL") district. Under section 4.1 of the County's zoning ordinance, uses peunitted in the R-1 district included: "[s]ingle family detached dwelling units . . . ." In addi- tion to the R-1 district, the general zoning ordinance also created a RL district. The purpose of the RL district was to allow for low-density residential use but with some mixing of low-density "transient lodging"—defined as rental of dwelling units for periods of less than one month. Under § 4.2 of the ordinance, uses permitted in the RL district included: "[a]ll uses permitted in the R-1 District . . . . [and] rental of residential dwelling unit[s]." After receiving notice from the County that they could not rent their prop- © 2015 Thomson Reuters 9