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Ocean Springs commission recommends denial of bed-and-breakfast permit after owner rented without permit
Summary
Commissioners recommended denying the conditional-use permit for a bed-and-breakfast at 703 Rayburn for six months after staff reported a stop-work order tied to short-term rentals and commissioners raised enforcement concerns; vote was 4–1.
The Ocean Springs Planning Commission on June 9 recommended denial of a conditional-use permit for a bed-and-breakfast at 703 Rayburn, citing prior short-term rentals conducted without the necessary city approval. The recommendation to deny for six months passed 4–1.
Planning staff reported the city issued a stop-work order April 24 after learning the property had been used as an unauthorized short-term rental. Amanda, planning staff, said the applicant subsequently applied for a conditional-use permit and supplied signatures from nearby property owners as required by the Unified Development Code (UDC). She also said building and fire inspections had been completed for a maximum occupancy of two and one vehicle.
Cindy Phillips, the property owner at 703 Rayburn, said the house had been run as a bed-and-breakfast by her mother in the past, that she had blocked new availability on Airbnb after the cease-and-desist, and that she allowed a small number of already-booked guests to honor reservations. “When we got the cease-and-desist order, I immediately went on to the Airbnb website ... and I blocked my entire calendar until February 1,” Phillips said, explaining that some existing reservations were honored rather than cancelled at the last minute.
Several commissioners said prior renting without a permit is a UDC ground for denial and raised enforcement questions about continued bookings after the stop-work order. The commission’s recommendation to deny was based on UDC denial conditions that reference prior operation without necessary approval; commissioners noted that fines and enforcement actions are handled by the city’s building/code enforcement division. One commissioner proposed a six-month denial period (the UDC’s minimum interval before reapplication), and that motion carried 4–1.
The denial is a recommendation from the planning commission; final enforcement (fines, court action, or other penalties) is a separate matter for code enforcement and the billing department. The commission recorded the applicable fine for operating without a permit as $430 according to the city fee schedule.
