Erie City Council tables new rules for Airbnb, other short-term rentals

Kevin Flowers, Erie Times-News
·4 min read

Erie City Council has tabled putting specific rules in place regarding where short-term property/vacation rentals — such as those available online on Airbnb, Vrbo and other online marketplaces — are permitted within city limits.

"We're not killing this thing right now," Councilman Ed Brzezinski said. "We just want to make sure that all the t's are crossed and all the i's are dotted."

Council was poised to take a final vote Wednesday morning in favor of ordinance changes that define and clarify where short-term rentals are allowed, as well as other stipulations. Erie and many cities nationwide have spent years wrestling with how to effectively regulate and manage short-term rentals.

The amendments to the city's zoning rules — supported by Erie Mayor Joe Schember's administration — would put new restrictions and regulations on home and apartment rentals leased for 30 or fewer consecutive days in certain neighborhoods.

Public hearings: Erie City Council weighs short-term rentals, liquor license transfer

City officials have acknowledged that some Erie residents make short-term rentals available online on Airbnb, Vrbo and other sites even though the city's current zoning rules do not explicitly allow that.

However, Council President Chuck Nelson said there are additional updates to the city ordinance that addresses rental registration that must happen before council finalizes the changes.

Nelson said he believes there is majority support on the seven-member panel for endorsing the new rules regarding short-term rentals. He predicted at council would be prepared to vote on the issue at the panel's next meeting, scheduled for April 19.

Short-term rental zoning changes

The proposed zoning changes regarding short-term rentals include:

  • Requiring property owners to obtain a rental license from the city for short-term rentals.

  • Prohibiting short-term rentals from exceeding the occupancy allowed within the applicable city zoning district.

  • Banning recreational vehicles, campers and tents from overnight occupancy.

  • Prohibiting short-term rental occupancy from disturbing the peace and quiet of a neighborhood/engaging in disorderly conduct.

  • Allowing short-term rentals in medium- and high-density residential districts, residential limited business districts; local-, general- and central-commercial districts, and traditional neighborhood districts. A short-term rental would be a conditional use in waterfront commercial and waterfront residential districts.

  • The city's zoning rules have now added short-term rentals as special exceptions in low-density residential and traditional single-family residential districts. The short-term rental restrictions for those zones would also address issues including parking and outdoor lighting and when outdoor speakers and sound systems could be used.

  • Requiring that property owners who operate short-term rentals keep a log of guests and their rental dates that city officials could inspect upon request.

The short-term rental debate

The issue has been a contentious one.

Supporters of short-term rentals say they benefit local economies and provide affordable options for visitors and an alternative to hotels.

'We've got to do something:' Erie wrestles with managing Airbnb, other short-term rentals

Opponents, however, believe short-term rentals can draw unruly guests and lead to crime, noise and other disruptions to neighborhoods.

Dominick Buzzanco, whose family owns a home in the 4700 block of Cherry Street, said during the public comment portion of Wednesday’s meeting that the area has “never been a rental neighborhood” and he urged City Council to reject the short-term rental changes.

"I don’t know why you’re considering (this)," Buzzanco said. "It’s up to you to stick up for the neighborhoods."

In 2017, Erie’s Zoning Hearing Board decided that a property owner has the right to lease a property short term because the city zoning code doesn't prohibit it.

But the board reversed that decision in 2019 after the Pennsylvania Supreme Court ruled — in the Slice of Life v. Hamilton Township Zoning Hearing Board case in Monroe County — that short-term rentals are not allowed unless specifically permitted by a municipality.

The Glenwood neighborhood in southwest Erie, for example, has been the epicenter of the city's debate over short-term rentals via Zoning Hearing Board rulings and county court decisions.

Board members of the Glenwood Association, which oversees more than 250 residences in the neighborhood, went to court over short-term rentals at one Glenwood property, 4706 Upland Drive.

Kathie Whipple and her sisters, Susan Morse and Lucinda Maurer, have hosted more than 800 people at the Upland Drive home since 2016 via Airbnb.

The sisters support the city zoning changes.

The association argued Airbnb rentals are not permitted in Glenwood because Erie’s zoning ordinance does not specifically identify short-term rentals as a permitted use there.

Now, short-term rentals in Glenwood and many other neighborhoods will be allowable under city zoning rules, subject to the changes/stipulations approved by City Council on Wednesday morning.

Holly Montalvo, a Miami, Florida, resident and Morse's daughter, spoke to City Council on Wednesday on behalf of Whipple, Morse and Maurer. She said the sisters were unable to attend the meeting.

"They want me to express and emphasize how much they deeply care about this ordinance passing," Montalvo said. "Not for their own personal opinions or financial gain. ... They only want to see (Erie) continue to progress with the times."

Contact Kevin Flowers at kflowers@timesnews.com. Follow him on Twitter at @ETNflowers.

This article originally appeared on Erie Times-News: Erie City Council tables new rules for short-term rentals