LANCASTER—The Lancaster planning commission on March 16 took one last look at a short-term rental (STR) ordinance before scheduling a public hearing at its April 20 meeting.
“After some back and forth what we have is something that is fair for both sides,” said commission chair Ty Brent.
However, commission member David Chupp objected to an element of the ordinance which requires STR operators to “provide verification that the short-term rental use of the property is not prohibited by any deed restriction or any covenant of any homeowners association (HOA).”
“I think the county may be getting in a risky position if we start enforcing HOA covenants,” he said, adding that an HOA covenant is a “contract between a homeowner and a specific area and it’s always enforced by a court, not a municipal authority. I think we’re taking on unnecessary legal risk.” Chupp said the addition was “unnecessary. If members of the HOA appear and testify against the short-term rental, we can deny based on that.”
County administrator Don Gill suggested leaving it in and having the county attorney make a determination.
Among the regulations, all STRs are required….
