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Commission upholds building official’s denial of short‑term rental permit; appeal denied
Summary
The commission denied an appeal and upheld the building official’s decision that a short‑term rental permit cannot be issued because the property lies within the ordinance’s 1,000‑foot proximity limit to an existing permitted short‑term rental. Neighbors cited maintenance, flooding and safety concerns; the applicant may appeal to city council within 10 days.
The Diamondhead City Planning and Zoning Commission voted to deny an appeal of a building official’s denial of a short‑term rental permit, upholding the official’s decision that the subject property is within 1,000 linear feet of an existing permitted short‑term rental and therefore ineligible under the city ordinance.
Staff explained the ordinance’s proximity rule and that the city measures the distance "as the crow flies." The building official’s decision relied on the ordinance language and the commission was advised that the regulation is first‑come: a property that established a permitted short‑term rental earlier retains the right and later applicants within 1,000 feet are excluded unless the earlier permit lapses.
The applicant’s representative said the current owners purchased the property while it operated as a short‑term rental and hired a property manager to pursue a permit. "They assumed they could continue to short‑term lease it," the applicant representative told the commission, asking commissioners to consider the property’s history.
Multiple neighbors opposed the permit, citing maintenance problems at the existing short‑term rental, recurring flooding and security concerns. One neighbor said the nearby structure had a basement that floods and that past occupants created problems; another warned about the effect on property values and the risk of short‑term occupants causing noise or parties.
A motion to deny the appeal was made and seconded; commissioners recorded approvals. The chair and staff explained the planning and zoning decision is final at this level but that the applicant may appeal to city council within 10 days of notice to the city.
Next steps: the applicant may file an appeal to city council within the 10‑day window; staff will notify the applicant of the procedural options and the administrative record.
