Columnist David MartinHow much influence should your neighbors have over what you do with your own property?
That's the primary question Chattanooga's City Council is deliberating as it tries to form a consensus around new short-term vacation rental rules.
On Tuesday, the Council deferred voting on a proposed ordinance that would allow owners of R1-zoned residential properties to use their homes as short-term vacation rentals, listing them on popular websites like Airbnb and VRBO. If passed, homeowners would be able to skirt existing zoning rules by completing a lengthy certification process and paying a $125 application fee.
And though the suggested rules "went over pretty well" at a recent public hearing, as the Times Free Press' Paul Leach reported, pushback by a collection of residents who don't like the idea of short-term rentals operating in their respective neighborhoods encouraged Council members to delay voting until more public feedback can be gathered.
Here's how one rental opponent framed her argument: "We don't feel represented," she said. "Homeowners are the majority of the people, but they are not representing the majority. They are representing a minority of people in R1."
Whoa, friend! Stop. Right. There.
First off, the only way you can list a property on a site like Airbnb is to own it yourself or have the explicit permission of the owner to do so. So this isn't a homeowner versus non-homeowner battle. More importantly, this person seems to miss the (very) important point that it is not the responsibility of government to arbitrate based on the will of the majority.
Quite the opposite. One of the fundamental jobs of government is to make sure rights are upheld so the minority is never unfairly trampled on by the wishes of those outnumbering them. Ever hear of the civil rights movement?
Speaking of rights, the proposed statute already cuts into an individual's property rights enough. On principle alone, you should be able to do whatever you choose with your estate so long as you're not doing harm to your neighbors.
But as the rental ordinance is written now, for homeowners to get city approval to use their property as they wish, they must fork over cash, follow a host of (sometimes logical, sometimes silly) guidelines, open their doors to local regulators, pay taxes, and get their neighbors to thumbs-up the whole shebang.
Wait, isn't that last part what most of the Airbnb alarmists are worried about? A lack of community input? If there aren't enough hurdles already, the ordinance includes this:
"Upon application for Short Term Vacation Rental, the Regional Planning Agency shall mail letters to any property owner who owns land within 300 feet of the subject property (who) shall have fourteen days from the date of the letter to respond, in writing, with any concerns or objections about the application."
Further, applicable neighborhood associations and individual City Council members get to weigh in on each application.
For those of you keeping score, if you want to make a little extra cash by renting out a room in your own home, you have to write a non-refundable check and then get permission from the city of Chattanooga, the Regional Planning Agency, the fire marshal, the city building inspector, your immediate neighbors, your neighborhood association and possibly your City Council member too.
Now tell me again about the minority - rental hosts - getting preferential treatment. How is that exactly?
City Council will host yet another public hearing regarding short-term vacation rentals on Sept. 27. Hopefully between now and then, "the majority" will realize they've already got enough say in the matter.
David Allen Martin is a syndicated columnist who writes from Chattanooga. You can email him at davidallenmartin423@gmail.com and follow him on Twitter @DMart423.