Wihbey v. Zoning Board of Appeals

Summary

The court affirmed the Appellate Court's determination that the 1994 zoning regulations were ambiguous as to whether a single-family dwelling could be rented for short periods. Because the regulations permitted renting and imposed no temporal limit, and because zoning restrictions are not extended by implication, the court held that short-term rentals were permissible. McDonald, J., joined by Ecker, J., dissenting, would have construed "home" and "residence" to require a degree of permanence and would have held short-term rentals impermissible.