Airbnb and the reason for zoning laws

A reader of  my Feb. 19 post, on potential restrictions to Airbnb rentals in Canton, sent an anonymous comment:

“So you want to protect people from themselves? To prevent people from making agreements between each other? Because some fool violated an Air BnB contract?

“Shouldn’t we focus our efforts on enforcing existing laws instead of making laws that violate personal property rights?”

In synopsis, the Canton Planning Commission (and I am a member) voted unanimously last month to recommend that Airbnb and similar rentals be limited to the R-4 multi family residential district. That recommendation eventually will be considered by City Council.

I think the issue raised in the comment, which I appreciate, is whether zoning laws violate personal property rights. I would say they restrict those rights, but for a good reason. Zoning protects the common welfare.

If you live in an R-1 residential district, as I do, you have the expectation that the properties in your neighborhood also will be single-family homes. The city’s zoning laws would prevent your next-door neighbor from tearing down his or her house and putting up a four-story apartment building, or an office building, or a drugstore or a manufacturing operation.

This does not violate the neighbor’s property rights, because he or she did choose to buy a home in a city with zoning laws. It does absolutely restrict his or her property rights — for a good reason.

Anybody who thinks that we on the Planning Commission made a bad recommendation to City Council can express that view when council takes up the proposal.

Thanks for reading.