Chickens, short-term rentals and campers investigated by Luzerne County planning/zoning office

Three categories of potential infractions stand out in the Luzerne County Planning/Zoning Office’s latest list of enforcement actions: impermissible chickens and other farm animals, illegal short-term rentals and prohibited residency in a camper trailer.

The synopsis of 30 enforcement actions in the new monthly division head report covering August also includes the typical unpermitted structures and businesses operating in the wrong zones.

Before providing further explanation on the three categories, County Planning/Zoning Director Matthew Jones said it is important for residents to understand which municipalities fall under the county’s zoning ordinance, which was most recently updated in March 2021.

Twenty municipalities opt to have the county handle their zoning, as opposed to implementing and enforcing their own local ordinance: Avoca, Courtdale, Dupont, Duryea, Hughestown, Jeddo, Laflin, New Columbus, Pringle, Warrior Run, West Wyoming, Yatesville and the townships of Conyngham, Fairmount, Hunlock, Huntington, Lake, Newport, Ross and Union.

Farm animals

Chickens, horses, pigs and goats were long prohibited in residential zones under the county zoning ordinance, and the revised version in March 2021 added a provision requiring at least five acres to keep them in an agricultural zone, Jones said.

“More and more, we’re getting complaints from neighbors finding folks next to them obtaining chickens, or in some cases other animals, including pigs,” Jones said.

In the August report, for example, six Conyngham Township properties were visited due to reports of one having goats and five with chickens.

The owner of the property with the goats received a violation notice and indicated the animals will be removed this month, it said.

Regarding the chickens, one property owner said the animals will be moved to a neighbor’s property that has the correct zoning and acreage.

Two owners received violation notices with removal deadlines to avoid fines through magisterial district court.

The remaining property owner had obtained the chickens prior to the March 2021 zoning revision adding the 5-acre requirement, so the owner will be permitted to move the chickens to a section of the property zoned agricultural.

In Newport Township, Jones’ office followed up on a complaint of a pig in a residential zone and verified the animal was there. A violation notice was sent with a removal deadline to avoid fines.

A similar action was taken for chickens at a Lake Township property, the report said.

The office also inspected a complaint of possible chickens in Avoca but found none.

Debates about backyard chickens had monopolized some county council meetings in 2014, when the legislative body pondered amending the county zoning ordinance to allow up to four backyard hens at residential properties covered by county zoning. A council majority did not act on implementing the change.

Short-term rentals

In recent months, Jones said his office has received several complaints about property owners listing their residences on vacation rental online platforms.

These short-term rentals are not permitted under county zoning unless the owner seeks and obtains special permission from the county’s zoning hearing board following a public hearing in which neighbors residing within 100 feet would be notified and permitted to testify for or against, Jones said.

Several have taken that path and were denied approval by the board due to concerns about “incompatibility the use brings to the neighborhood,” he said.

While a segment of the population is very supportive of the short-term rental option, Jones said neighboring property owners often oppose the possibility of rotating strangers occupying a structure and engaging in disruptive parties, he said.

The shortest allowable residential lease without zoning board permission is for 30 days under the county ordinance, Jones said.

Some property owners remedy the situation by seeking occupants to sign 30-day leases, and others have discontinued their short-term rentals entirely, he said. For those choosing the 30-day option, their online listings must state that requirement to be in compliance with the county ordinance, he said.

Jones said his office has investigated reports of short-term rentals in Dupont, Laflin and Conyngham Township.

The report covering August indicates violation notices were sent to the owners of four properties.

Three property owners — one in Laflin and two in Dupont — discontinued short-term rentals and changed their booking sites to accept minimum one-month leases, it said. The remaining owner of a Dupont property indicated a long-term rental tenant was found and turned off the booking site listings.

Campers

Outside of permitted campgrounds, campers on wheels cannot be occupied as a residence, regardless of where they are parked, under the county ordinance, Jones said.

Campers also must be parked on the side or rear of residential structures, he noted.

Three reports of potential residency violations were investigated by the office in August, but it found no evidence of anyone living inside those campers, the report said.

Two were in Ross Township. The office closed its investigation of one that was inspected twice, and it will revisit the second one before issuing a determination. The case was closed on the remaining camper in Lake Township due to a lack of evidence, the report said.

Increased enforcement

The August enforcement list was longer than usual.

Jones said his office has been able to fulfill a goal to step up enforcement of the county’s zoning ordinance because it is now fully staffed with seven workers, with all vacant positions filled.

“The administration and county council have empowered this department to get fully staffed, so we can redouble our efforts and pick up some of these enforcement items that had been languishing on the back burner when we didn’t have the ability to address them as readily,” Jones said.

The county ordinance was enacted to allow certain uses in designated places to mitigate neighboring “land use incompatibilities,” he said.

Although some provisions may be unpopular with impacted property owners, the office regularly receives calls from residents seeking enforcement of the ordinance and their property rights, he said.

“We’re just looking to make sure the county ordinance is enforced equally and fairly. It provides for more harmony in the neighborhoods we’re serving,” Jones said, advising residents in the 20 municipalities to contact his office if they are unsure about requirements.

Jones highlighted a “particularly egregious” violation in which an individual operated an illegal retail tire sales business in a Warrior Run residential neighborhood.

“Trucks were delivering tires to the property in the middle of the night, and that individual was selling those tires day to day,” he said.

Because the operation violated both the county zoning law and borough property maintenance ordinance, the office worked with the borough on enforcement, he said. The owner/landlord of the property ended up evicting the tenant operating the business to avoid the risk of liability and financial penalties, Jones said.

In Newport Township, the planning/zoning office is investigating complaints of a possible retail sales business in the wrong zone, the report said. Advertisements were discovered online, proving a violation occurred. After a violation notice was sent and the violator contacted the office to discuss the matter, evidence was collected showing the violation occurred again, it said. Fines will be pursued through a magisterial district judge if the sales and advertising continue, it said.

Newport Township Manager Joseph Hillan said he appreciates the county office’s efforts to uniformly enforce the zoning requirements for the betterment of the municipality.

He said there’s another pending case in which a resident is not completing a project as specified in the approved permit.

“I realize the planning/zoning office had been understaffed, and I am seeing the difference now that it has increased enforcement,” Hillan said. “We need enforcement, and they are trying to do a good job.”

The latest division report that includes the enforcement actions is posted under the county manager’s page at luzernecounty.org.