P&Z tackles nightly rentals

By Phil Surratt
Staff Writer
Originally published Oct. 17, 2009

GALENA — Stone County’s new planning and zoning ordinance is being put to the test regarding nightly rentals in residential neighborhoods.

Hank Smythe, vice chairman of the planning and zoning board, told commissioners this week that there are around 150-200 nightly rentals in Stone County that went into operation when the county did not have planning and zoning in place.

Smythe asked county commissioners for direction on how to handle the situation.

“Very few have gone through the process of operating a nightly rental properly,” Smythe said. “Old planning and zoning did not have any regulations, so we need some clarification.”

Smythe said there were some property owners who were denied special-use permits for nightly rentals under the old zoning regulations, but went into operation anyway.

“We need to know what direction we need to take in regard to enforcement of the new regulations,” Smythe said.

Stone County special council Bill McCullah said that regardless of what is put in an ordinance, “what matters is whether the court will enforce it.”

“With any non-conforming use, any grandfathering issues, the court is going to apply the laws of the state of Missouri,” McCullah said. “The law has always allowed an exception to the new ordinance for things already in place.”

Joy Wilson, director of planning and zoning, told commissioners that nightly rentals in the county that are non-compliant have been told to stop operating.

“We send cease-and-desist orders on a regular basis,” Wilson said.

Karen Bailey, with the Stone County Health Department, said nightly rentals under the new regulations must comply with health department regulations, as well.

“We require diagrams of parking facilities and we require septic inspections and the owners have to pay fees,” Bailey said.

Marlin Constance, who lives on White Rock Bluff Drive near Table Rock Lake in Branson West, voiced his concern about having nightly rentals in his neighborhood.

Constance told commissioners about two nightly rentals close to his home.

“There is one house that can sleep 34 people and the other 12. We have the potential of having 46 unknown people entering our neighborhood every week,” Constance said. “These homes have inadequate septic systems and not enough parking to accommodate large numbers of people. The smaller home was renovated for rental purposes in 2006. The larger home was built in 2007. Neither home is permitted properly for nightly rental.”

Also an issue is how to properly assess taxes on the nightly rentals.

Brad Hudson, Stone County assessor, said residential or commercial, if a building is exclusively a nightly rental and is used that way year-round, it is taxed commercial.

“If the owner uses it part-time, then it is taxed residential,” Hudson said.

New Presiding Commissioner Dennis Wood said the commission would again meet about nightly rentals at 1 p.m. Nov. 3.