South Union plans public hearing on short-term rental properties | New
South Union Township supervisors will hold a public hearing at 9 a.m. on Thursday, August 11 to decide whether Airbnbs and other short-term rental properties will be allowed to continue operating in the township.
“We will allow residents’ comments during the hearing and then we will move forward and take action on the matter,” Township Supervisor Robert Schiffbauer said.
Schiffbauer said the hearing will be held in the township sewage office next to the recreation center.
“The procedure we will follow is to pass an ordinance,” he said. “This will give us the opportunity to impose restrictions on Airbnbs. Schiffbauer said the township will also seek input from the Pennsylvania State Association of Township Supervisors.
Airbnb was launched in 2007 and is one of many online platforms that manage short-term rental properties.
In October 1974, before Airbnb existed, Schiffbauer said the township passed its zoning ordinance, which allows short-term rentals in B-1 districts only.
Early last year, a house on Bailey Lane in the township began to be advertised and used as an Airbnb. The property is in a residential area.
“We are trying to put in place rules and regulations on the activities of these rentals and how they can be properly put in place,” Schiffbauer said. “It gives us the opportunity to protect residents who live in neighborhoods that have Airbnbs. I would like the rules to be as strict as possible within the guidelines of the law. We want to offer as much protection as possible to the inhabitants of the canton.
Fred Junko of 1 Adams Lane, near Uniontown Country Club, said rentals operated in residential areas where current township code and zoning ordinances prevent them.
“My wife and I have been battling the operation of an Airbnb in our neighborhood for over a year,” he said in a letter to commune supervisors.
Junko said he and his neighbors were repeatedly disturbed by new occupants each week. Some of his complaints include destruction of property, trespassing on his property, lewd behavior and noise created by tenants. The police were called several times. However, the police told Junko that there was nothing they could do as it was up to the township to enforce the ordinances.
Junko said his attorney, Ernie DeHaas of Uniontown, and attorney Jim Davis, who represents the township, were made aware of a precedent in the Pennsylvania Supreme Court case, Slice of Life v. Hamilton Township.
“The court ruled that Airbnbs should not be allowed in Hamilton Township, which is near Philadelphia,” Junko said.
Junko added that the township code and zoning ordinances “prohibit businesses from operating in an R-1 residential zone.” “Yet South Union Township supervisors refuse to act and enforce the law,” Junko said. “Their response is to rewrite the code allowing Airbnbs and short-term rentals with the goal of regulating this type of business and making a profit in the process.
“It seems less than 10 houses in the township are now used as Airbnbs,” Junko said. “However, if you own a home in South Union Township and this proposed ordinance passes as written, you could face the prospect of an Airbnb being located on your street, even at next to your house.”
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