Zoning dilemma on the Cape

By Amy Dain
July 2nd, 2008

I was intrigued by a recent discussion on the Massachusetts planners listserve about house rentals on the Cape. When does renting a house become a commercial use, prohibited in non-commercial districts?

If you rent your house out to set tenants for the full year, that is a typical residential use. If you rent your house out for the summer, also a typical residential use. Different tenants every week? Still typical in Cape residential neighborhoods, and frankly, critical for the Cape’s economy.

But then one property owner in Truro owns five homes next to each other. The owner often rents all five together – for weddings. Neighbors fed up with noise and traffic brought this to the Zoning Board, which found it to be a commercial use, unauthorized in the residential zone. The owner is appealing.

If you can have a wedding in your own yard, why can’t you have one in a house you rented? Does that make it a commercial function hall?

It is a tough issue for Cape communities to sort out. You don’t want to end up with rules that make it too hard for people to rent their houses to tourists. Single family homes in quaint neighborhoods are nice lodging options for tourists to have. And you don’t need to build as many hotels. It’s no vacation for the year round neighbors, though.