Biloxi council narrowly approves short-term rental at 115 Saint John after judge-ordered rehearing

The Biloxi City Council voted 4–3 to grant conditional-use approval for a short-term rental at 115 Saint John Avenue following an extended debate and a court-ordered return of the matter.

Attorney Wayne Hingeon, who represents applicant Pastor James George, told the council the application complies with the city’s conditional-use standards and that the planning commission had recommended approval by a 13–1 margin. “You vote in favor, the case is over,” Hingeon said in his presentation, which included timelines, exhibits and a summary of the application materials.

Supporters, including James George, addressed the council and described investments in the property, management arrangements and charitable uses of rental proceeds. George said the house is already in an RM‑30 zoning district and that he had taken steps to meet ordinance conditions, including adding a second exterior stair where required.

Opponents and several council members urged caution about permitting short-term rentals on an interior lateral street that abuts single-family neighborhoods. “The character of the neighborhood has not changed,” Councilman Tisdale said, arguing the use is incompatible with nearby single-family areas and that short-term rentals are commercial in nature.

Council debate focused on whether the property met the nine conditional-use criteria spelled out in the Land Development Ordinance and on prior related court appeals that had overturned council denials elsewhere. Staff advised that the council must be specific about which of the nine criteria a denial would be based on if members intended to vote against the application.

The motion to grant conditional-use approval was moved by Councilmember Nail and seconded by Councilmember Tisdale for discussion; the chair then called the question. After roll-call debate, the motion passed 4–3. The council did not record individual yes/no votes in the public sequential narration; the chair announced the motion passed 4–3.

Because the applicant had appealed earlier council action to circuit court and obtained a judicial directive to prompt a council decision, staff and the applicant said a council vote in favor would likely end the court case. If the council had denied the application, the case would have remained before the court for review.

Next steps: the conditional-use approval requires the applicant to meet any ordinance conditions (for example, the second stair if elevated) before a license can be issued. Staff also reminded the council that conditional-use approvals can be revisited if code complaints arise and the use does not comply with conditions.

Provenance: The council first heard the applicant’s history and argument during public remarks beginning with attorney Wayne Hingeon’s presentation (SEG 514 onward) and later debated and voted on the resolution in the policy agenda (SEG 2002–SEG 2411).