SOUTH BEND — There are over 1,300 active short-term rental properties in South Bend. But despite resident concern over public safety, noise, trash, parking and complaint enforcement, there is not much the city can do to limit short-term rentals or hold owners accountable.
The South Bend Common Council committees of community investment and zoning and annexation held a joint meeting Monday, July 13 to discuss what the city can and can’t do, and to introduce proposed bills, which aim to require permitting short-term rentals.
“Over the last few years, the number of short-term rentals in the city have increased; so have the number of accidents, the number of complaints,” said South Bend Chief of Staff Troy Warner. “We’ve seen multiple shots fired incidents at short-term rentals.”
What the city can do
With the recent passing of House Enrolled Act 1210, municipalities are given less leeway to enforce or regulate short-term rental properties. This has posed a problem for the city, as the avenues for creative ordinances are limited.
At-large Common Council member Rachel Tomas-Morgan came across a few “creative solutions” during her research, which she said are no longer on the table as state law makes them “not allowable to us.”
There are two proposed bills expected to come to the Common Council at the beginning of August that will allow the city to establish some regulations, according to city attorney Jenna Throw.
The first proposed bill would require owners of both owner-occupied and non-owner-occupied short-term rental properties to obtain a permit, submit owner contact and emergency contact information as well as uphold basic safety and maintenance standards.
A permit is good for one year but after three violations, a permit can be revoked.
The next proposed bill establishes special exemptions for non-owner-occupied properties only. This bill would require owners of non-owner-occupied short-term rental properties to apply for “short-term rental use” through the existing zoning application process.
This means that the property would have to meet existing requirements for special exception criteria, which includes that the property will not be “injurious to the public health, safety, comfort, community developed standards for general welfare,” Throw said.
“The property use will not injure or adversely affect the use of the adjacent property value therein,” Throw said. “The proposed use will be consistent with the character of the district in which it is located, and the use is authorized therein, and the proposed use is compatible with the recommendations of the city of South Bend comprehensive type.”
What the city can’t do
The city cannot ban, cap, limit, or impose harsher regulations than “similarly situated homes” as set by state law, according to Throw. Indiana municipalities must follow the state framework when enforcing regulations against short-term rentals.
“A few overarching considerations is that the city cannot prohibit short-term rentals, but we are able to regulate them within those constraints,” Throw said. “And the goal is clear rules and expectations for owners, and compatibility with the neighborhoods within those state laws.”
What did residents say?
Over 15 South Bend residents attended the meeting, but time allowed only two residents to voice their concerns.
South Bend resident Bruce Gordon offered an alternative to the “negative” conversations.
He argues that short-term rentals bring in necessary taxes and outside people who will spend money here.
“It’s going to stimulate our area, and no one’s talking about that here,” Gordon said. “There’s another side of this. I get the other side, my side of what I’m hearing, if there’s a small amount of bad actors, instead of hiring a bunch of people to manage this whole thing, can you not pass legislation, that when your house has problems, then you do something about it?”
Another South Bend resident and law professor at the University of Notre Dame, Mary Ellen O’Connell, agreed with Gordon that there needs to be more code enforcement for nuisance properties. But she added that there needs to be more emphasis on “preserving the quality of our neighborhoods.”
“The president of our neighborhood association has a small sign in her yard that says, ‘Neighbors need neighbors,’” O’Connell said. “Our elderly need a neighbor to make sure they’re okay.
“We need schoolchildren in our schools,” O’Connell said. “Those come from families, not short-term rentals.”
Email Tribune staff writer Juliane Balog at jbalog@usatodayco.com.
This article originally appeared on South Bend Tribune: South Bend short-term rentals could see permitting and regulation
Reporting by Juliane Balog , South Bend Tribune / South Bend Tribune
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By Juliane Balog , South Bend Tribune | USA TODAY Network
