Executive Summary: Are Short-Term Rentals Allowed?

Short-term rentals appear to be in a legal gray area in Windber, PA. While the borough's zoning ordinance (January 2009) does not explicitly address modern short-term rental platforms like Airbnb or Vrbo, it does recognize several lodging-related uses that could potentially encompass STR activities:

• Bed and Breakfast establishments (explicitly defined as residential establishments renting rooms to transient guests)
• Rooming House/Boarding House (providing lodging for compensation to 3+ unrelated persons)
• Hotel/Motel (providing lodging to the public for compensation)

The ordinance requires zoning permits and certificates of occupancy for most lodging uses, suggesting that formal approval processes exist. However, the 2009 ordinance predates the modern STR boom and may not have specific provisions for contemporary rental platforms.

Important Caveat: This analysis is based on a 2009 zoning ordinance. Municipal regulations often change, and Windber may have adopted specific STR regulations or updated ordinances since this document. Investors must verify current regulations with municipal authorities before proceeding.

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Starting a Short-Term Rental Business in Windber

Step 1: Determine Your STR Classification

Based on the 2009 zoning ordinance, your STR could potentially fall under one of these classifications:

1. Bed and Breakfast (most likely for small-scale STRs)
2. Rooming House/Boarding House
3. Hotel/Motel (for larger operations)

Recommendation: Contact the Zoning Officer to determine the appropriate classification for your intended operation.

Step 2: Verify Zoning Compliance

Review the permitted uses in your property's zoning district:

• Single Family Residential District (§802)
• General Residential District (§803)
• High Density Residential District (§804)
• Central Business District (§805)
• General Commercial District (§806)

Each district has different permitted uses, and lodging facilities may be principal uses, conditional uses, or prohibited in certain districts.

Step 3: Obtain Required Permits

The borough requires several permits for lodging operations:

1. Zoning Permit (mandatory for all STRs)
2. Certificate of Occupancy (required before operation)

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Required Documents, Permits, Licenses, and Guidelines

Zoning Permit Application Requirements (§302)

Your application must include:

Basic Information:

• Name, address, and phone number of applicant
• Legal description and owner of the property
• Existing use of the property
• Proposed use (STR classification)
• Zoning district designation

Technical Documentation:

• Plans in triplicate drawn to scale showing:
  • Actual dimensions and shape of the lot
  • Exact size and location of existing buildings
  • Location and dimensions of proposed building(s) or alterations
• Building heights
• Number of off-street parking spaces or loading berths
• Number of dwelling units

Additional Requirements:

• Any other information necessary to determine compliance with zoning requirements

Certificate of Occupancy (§305)

Mandatory Requirement: No building or premises can be used or occupied for STR purposes until a Certificate of Occupancy is issued, confirming the proposed use conforms to zoning requirements.

Supporting Documentation

Nonconforming Use Considerations (Part 4):

• If property has existing nonconforming lodging use, certain provisions apply
• Conversion between nonconforming uses may require special exception approval

Special Exception Requirements (§605):

• If STR use requires special exception, the Zoning Hearing Board must approve
• Board considers siting, orientation, and landscaping for harmonious relationship with adjacent properties

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Specific Regulations for Short-Term Rentals

Zoning District Requirements

Note: The provided document contains only the structure headers for district requirements (Part 9). Specific permitted uses, dimensional requirements, and STR-specific regulations would be found in the detailed sections of each district. Investors must consult the complete zoning ordinance for specific requirements.

Parking Requirements

Off-Street Parking (§1117): STR operations must provide required parking spaces as specified in the ordinance. Based on definitions, this likely includes:

• Parking for each rental unit
• Compliance with parking space dimensions (§1102)
• Proper location and access requirements (§1114-1116)

Nuisance Abatement Standards (§1002)

STR operations must comply with general nuisance standards to prevent:

• Excessive noise
• Traffic congestion
• Other objectionable influences to surrounding properties

Enforcement and Penalties (§311-313)

Violations Include:

• Failure to obtain required permits
• Operating without Certificate of Occupancy
• Non-compliance with approved plans
• Nuisance violations

Penalties:

• Civil enforcement with judgment up to $500 plus court costs and attorney fees
• Each day of violation constitutes separate violation
• Borough can seek court orders to abate violations

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County and State-Level Regulations

Somerset County Regulations

The provided ordinance does not include Somerset County-specific STR regulations. Contact Somerset County government for:

• County-level permits or licenses
• Health department requirements
• Tax collection requirements
• Building code compliance

Pennsylvania State Regulations

State-Level Considerations:

• Pennsylvania Clean and Safe Properties Act (affects rental properties)
• State tax requirements (PTC/PIT for STR income)
• Building codes and safety requirements
• Americans with Disabilities Act compliance for lodging facilities

Recommended Action: Consult with Pennsylvania Department of Community and Economic Development for current state-level STR regulations.

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Contact Information for Local Authority

Windber Borough Government

Primary Contacts:

Zoning Officer:

• Responsible for permit issuance and initial zoning compliance
• Processes zoning permit applications
• Enforces zoning violations

Borough Council:

• Final authority on conditional use permits
• Can amend zoning ordinances
• Establishes fee schedules

Borough Manager:

• Administrative oversight of borough operations
• Contact point for general municipal inquiries

Zoning Hearing Board:

• Hears variance requests
• Processes special exceptions
• Appeals from Zoning Officer decisions

Planning Commission:

• Reviews conditional use applications
• Provides recommendations to Council
• Oversees comprehensive planning

Contact Process

For Zoning Permits:

1. Submit application to Zoning Officer
2. Officer reviews and forwards to Planning Commission (for conditional uses)
3. Planning Commission provides recommendations
4. Council takes final action (for conditional uses)
5. Certificate of Occupancy issued upon compliance

For Questions:

• Contact Zoning Officer first for classification and permitting questions
• Borough Council contact for policy or ordinance interpretation questions
• Zoning Hearing Board for variance or special exception inquiries

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Source Documents

Primary Source:

• Windber Borough Zoning Ordinance (January 2009)

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Critical Next Steps for Investors

1. Verify Current Regulations: Contact Windber Borough to confirm if STR-specific ordinances have been adopted since 2009
2. Zoning Classification: Speak with the Zoning Officer to determine appropriate classification for your intended STR
3. Due Diligence: Conduct property survey and title search to verify zoning compliance
4. Professional Consultation: Engage local attorney familiar with Pennsylvania municipal law
5. Financial Analysis: Factor permit fees, legal costs, and potential conversion expenses into investment analysis
6. Exit Strategy: Consider long-term rental alternative if STR operations prove unviable due to regulatory constraints

Disclaimer: This analysis is based solely on the 2009 zoning ordinance provided. Municipal regulations frequently change, and this document may not reflect current requirements. Professional legal and regulatory consultation is essential before making investment decisions.