🚫 🏨 Tippecanoe, Indiana: Five Airbnb Zoning Special Exceptions Requested in Tippecanoe County, 2023-12-06

UPDATE:

You can watch/listen to the full meeting here: https://www.youtube.com/watch?v=xQianQAp9u0

Outcomes are in the table below. 3 approvals, 1 denial, and one postponement due to insufficient paperwork.

Multiple neighborhoods need your input for the public hearing. Can you spare a few minutes to write an e-mail? Sign our petitions? Or, if you have more time, spend the evening attending a meeting on Wednesday, December 6th?

Table of Special Exceptions on the ABZA Agenda

Below is a table of the Special Exceptions that are on the December 6th, 2023 ABZA agenda:

BZA ID	Petitioner	Address	City	Zoning	Result
BZA-2131	MAUVE PROPERTIES, LLC	1014 S 20th Street	Lafayette	R1	Approved
BZA-2132	LOIS JAQUES, CANNA PROPERTIES, LLC	607 N 28th Street	Lafayette	R1B	Approved
BZA-2133	SHIE KANTOR	2215 Carlisle Road	West Lafayette	R1	Postponed until January 2024
BZA-2135	LUH-MAAN AND CHYI-KONG CHANG	136 Creighton Road	West Lafayette	R1	Denied
BZA-2136	CYRUS GIROIR	505 S 3rd Street	Lafayette	R2U	Approved

Map of Special Exceptions on the ABZA Agenda

The points are clickable and will display the address, BZA ID, and Petitioner’s name.

Write a Letter to the Area Planning Commission and Board of Zoning Appeals Board

You can write to apc@tippecanoe.in.gov or attend the meeting in person to speak. You must write the APC Board of Zoning Appeals by November 28th (8 calendar days prior to the hearing) to be included in the report. Letters afterwards are only given to the board members to review.

Sign the Petition in Opposition to the Special Exceptions

To help illustrate the community’s opposition to allowing a Special Exception for the Transient Guest Houses (e.g. Airbnb, VRBO, etc.) at five different locations, we have created the petition below.

We would appreciate your digital signature for support. The signed petition will be distributed at the December 6th meeting. Please help spread the word to friends and neighbors ahead of the meeting.

And despite comments to the contrary, this isn’t a NIMBY issue. Each Transient Guest House that is approved erodes our neighborhoods in Tippecanoe County by deviating from the R1 zone’s purpose (single-family dwellings for long-term individuals and families) along with R2 zone’s purpose (single-family and two-family dwellings for long-term individuals and families).

December 6th, 2023 ABZA Petition Statement:

We, the undersigned, are opposed to allowing a Transient Guest House at five different locations in West Lafayette and Lafayette:

1014 S 20th Street, Lafayette
607 N 28th Street, Lafayette
2215 Carlisle Road, West Lafayette
136 Creighton Road, West Lafayette
505 S 3rd Street, Lafayette

We find the proposed Special Exception to deviate from existing zoning rules and allowing a Transient Guest House at five different locations in West Lafayette will materially and permanently injure the other property and uses in the same zoning district and vicinity, along with subverting the R1 / R1B / R2U purposes of the Unified Zoning Ordinance.

Our request to deny this Special Exception is supported by the community’s expressed concerns regarding safety, traffic, noise, lighting, and the current and future uses of R1 / R1B / R2U zoned properties in the neighborhood.

To prevent the erosion of our neighborhoods and to maintain their integrity as long-term housing for individuals and families, voting against this Special Exception is reasonable and justified.

Attend the Meeting

Meeting Details

The meeting is at 6pm December 6th at Lafayette City Hall, 20 N. 6t Street, Lafayette, IN 47901

If you wish to speak, you will have up to five minutes before each special exception is voted upon.

There is on-street parking around the building and in other parking garages downtown.

A map of the location and picture of the building is below.

Meeting Agenda (with supplemental materials)

You can download the agenda for the December 6th, 2023 ABZA Meeting here.

Map and Location of the Tippecanoe County Building

Background and Information

Map of Current Transient Guest Accommodations in West Lafayette

View the map of transient guest rentals in West Lafayette as of July 2023.

Special Exception Petitioner Applications

Each BZA application is linked below:

• BZA-2131
• BZA-2132
• BZA-2133
• BZA-2135
• BZA-2136

Research

Community Consequences of Airbnb by Allyson E. Gold

Conclusion

Airbnbs can provide a boon to hosts and guests. By converting a previously underutilized asset into a short-term rental accommodation, hosts gain a new income stream and increase their home equity. Guests, too, benefit from Airbnb’s platform, as the accommodations are typically more affordable than traditional hotels and provide an opportunity to “live like a local.” These gains, however, come at a cost. While individual hosts and guests may benefit economically, the local housing market experiences significant change in the form of fewer affordable housing options and erosion of neighborhood social capital. At the same time, discrimination on Airbnb’s platform means that the benefits and consequences are not evenly distributed, with economic gains accruing disproportionately to white users. As Airbnbs continue to gain popularity, it is essential that legal strategies support their economic benefits while curtailing community harms. Adopting multi-faceted and comprehensive approaches are necessary to protect affordable housing stock, prevent hotelization of residential areas, and create meaningful opportunities to benefit from participation in the short-term rental market.

Definitions and Legal References

Unified Zoning Ordinance of Tippecanoe

These definitions come from the Unified Zoning Ordinance of Tippecanoe County. This is the main reference document when it comes to development in Tippecanoe County.

BED AND BREAKFASTS. (a) A bed and breakfast is a form of transient guest accommodation either
within a single-family dwelling or on a farm. The residence or the farm shall be operator-occupied if located in either a residential or rural zone.

DWELLING UNIT (DU). One or more rooms with cooking, living, sanitary, and sleeping facilities, for the exclusive use of one family, or where permitted, the occupants of shared housing, either group living as a single housekeeping unit. The DWELLING UNIT shall be characterized by but not limited to:
(1) an exclusive house number or an exclusive house number plus apartment number, with an exclusive mailbox for the receipt of materials sent through the United States mail;
(2) a single kitchen adequate for the preparation of meals; and
(3) a tenancy based upon a legal relationship of a unitary nature, i.e., a single lease, mortgage or contractual sales agreement for the entire premises.

HOUSEKEEPING UNIT. Either a family, or the occupants of shared housing, living together in one dwelling unit, with common access to and use of all living, eating, and food preparation and storage areas within the dwelling unit.

FAMILY. One or more persons related by blood, marriage or adoption and not more than two unrelated persons living as a single housekeeping unit.

R1 Intent. To provide areas for low density single-family dwellings.

R1B Intent. To provide areas for low, medium and relatively high density single-family dwellings.

R1U Intent. To preserve and protect older developed parts of the community by providing areas for medium and relatively high density single-family dwellings on older platted lots in urbanized sewered areas of the cities, incorporated towns, and unincorporated towns with sewer.

R2U Intent. To preserve and protect older developed parts of the community by providing areas for medium and relatively high density single-family and two-family dwellings on older platted lots in urbanized sewered areas of the cities, incorporated towns, and unincorporated towns with sewer.

SINGLE-FAMILY DWELLING. A building, on a separate lot, containing one dwelling unit.

TRANSIENT GUEST HOUSE. A primary use consisting of a single-family, two-family, or multi-family dwelling where none of the units are required to be owner-occupied, within which transient accommodations may be provided for rent for a period of less than one month, subject to the restrictions of UZO Section 4-11-13.

TRANSIENT GUEST RENTAL. An accessory use consisting of an owner-occupied dwelling unit within which limited transient guest accommodations may be provided for rent for a period of less than one month and no more than 60 days per calendar year, while the owner is not required to be present, subject to the restrictions of UZO Section 4-11-13. (Amend #88)

TRANSIENT GUEST ROOM. Limited transient guest accommodations within an owner-occupied abode where up to a maximum of two rooms, a duplex unit, or two apartment units may be rented and the owner must be present on site. A transient guest room shall meet the requirements of a home occupation or rural home occupation and is subject to the restrictions of UZO Section 4-11-13(b). (Amend #88)

Permitted Use Table 3-2

Hotels and motels are not allowed in any residential zoned areas.

Indiana Code

Labor and Safety; Building and Safety Regulations; Smoke Detection Devices
Indiana 22-11-18-1 Definitions
     Sec. 1. As used in this chapter:

     “Hotels and motels” means buildings or structures kept, maintained, used, advertised, or held out to the public as inns or places where sleeping accommodations are furnished for hire for transient guests

Local Government; General Provisions; Short Term Rentals
IC 36-1-24-6 Definition “Short term rental”

Sec. 6. As used in this chapter, “short term rental” means the rental of:

(1) a single family home;
(2) a dwelling unit in a single family home;
(3) a dwelling unit in a two-family or multifamily dwelling; or
(4) a dwelling unit in a condominium, cooperative, or time share;
for terms of less than thirty (30) days at a time through a short term rental platform. The term includes a detached accessory structure, including a guest house, or other living quarters that are intended for human habitation, if the entire property is designated for a single family residential use. The term does not include property that is used for any nonresidential use.

As added by P.L.73-2018, SEC.1.

IC 36-1-24-9 Short term rental property that is not an owner occupied short term rental property; special exception; zoning variance

     Sec. 9. (a) This section applies only to a short term rental property that is not an owner occupied short term rental property.
     (b) A unit may require a special exception, special use, or zoning variance for the short term rental property that is in a residential zoning district or classification of a unit. However, the unit may not interpret and enforce the unit’s zoning regulations for a special exception, special use, or zoning variance in a manner that is intended or has the effect of prohibiting or unreasonably restricting short term rentals of property to which this section applies. Denial of a special exception, special use, or zoning variance for the short term rental property may be appealed in accordance with IC 36-7-4.

IC 36-1-24-10 Enforcement of laws that regulate, prohibit, or limit short term rentals

     Sec. 10. A unit may enact or enforce a law or plan that regulates, prohibits, or limits short term rentals only for the following primary purposes:

(1) Protection of the public’s health and safety related to:
(A) fire and building safety;
(B) sanitation;
(C) transportation;
(D) traffic control; and
(E) pollution control;
if enforcement is performed in the same manner as enforcement that applies to similar properties that are not short term rentals.

(2) Residential use and zoning related to:
(A) noise;
(B) protection of welfare;
(C) property maintenance; and
(D) nuisance issues;
if enforcement is performed in the same manner as enforcement that applies to similar properties that are not short term rentals.

(3) To limit or prohibit use of short term rentals for the following purposes:
(A) To house sex offenders.
(B) To operate a structured sober living home.
(C) To manufacture, exhibit, distribute, or sell illegal drugs, liquor, pornography, or obscenity.
(D) To operate an adult entertainment establishment (as defined in IC 12-7-2-1.8).

(4) To limit or prohibit short term rentals located within the boundaries of a conservancy district established under IC 14-33.

(5) To provide the unit with an emergency contact for a short term rental.

As added by P.L.73-2018, SEC.1.

IC 36-1-24-14 Revocation of a permit

     Sec. 14. If three (3) or more citations for ordinance violations are issued to an owner for a permitted property within a calendar year, the unit may revoke the permit for that permitted property for a period of not more than one (1) year after the date the permit is revoked. The unit shall provide notice and a hearing for revocation in accordance with the unit’s ordinance.

As added by P.L.73-2018, SEC.1.