Overview: Are Short-Term Rentals Allowed in Benton, Illinois?

Short‑term rentals (less than 30 days per stay) are not explicitly permitted or defined in the City of Benton’s Zoning Code. There is no dedicated “short‑term rental” use category in the code and no city‑specific STR licensing or ordinance. The code does define a “Boarding House,” but specifically excludes transients; therefore, boarding house provisions do not authorize STRs. At the same time, renting an entire “Dwelling Unit” on a weekly, monthly, or longer basis is an expressly recognized use in the zoning definition, but the code does not specifically authorize transient stays in residential districts.

What this means in practice:

• In residential zones (R‑1 through R‑4), STRs are not explicitly listed as a permitted or special use. Absent a city STR ordinance, operation is uncertain and typically requires a zoning determination or an application for a special use permit, and may not be permitted at all.
• In non‑residential zones (e.g., certain Business districts), lodging or “tourist‑oriented” uses might be considered, but the zoning text provided does not enumerate “hotel/motel” or “transient lodging” as principal or special uses for specific business districts. Any lodging use in non‑residential areas would likely require special approval and detailed compliance with setbacks, parking, and performance standards.
• No city‑level STR license or registration is identified in the documents reviewed.

Bottom line: STR operations appear to be in a gray area in Benton. Proceed only after a written zoning determination and, if necessary, a special use permit. If you are primarily marketing whole‑home STRs in residential zones, the risk of non‑compliance is material absent explicit authorization.

How to Start a Short‑Term Rental Business in Benton

If you choose to proceed, follow this step‑by‑step approach:

1. Zoning and Use Authorization

   • Confirm your parcel’s zoning district (R‑1, R‑2, R‑3, R‑4, Business, or other).
   • Request a written zoning determination from the Zoning Administrator addressing STRs (less‑than‑30‑day stays) at your proposed location. Ask whether a “Dwelling Unit” rental for less than 7 days is considered a “transient” use, and whether an STR is allowable by right, as a special use, or prohibited in the applicable zone.
   • If the Administrator indicates a possible path (e.g., special use), obtain and submit the necessary application materials and fees, attend hearings, and secure approval before listing or accepting bookings.
   • If you pursue a Boarding House (which must not be open to transients), reconfirm compliance: ≤10 unrelated individuals, sleeping rooms ≤2 persons, no transient guests.

2. Business Registration and Compliance

   • Register your business with the City of Benton (City Hall/Zoning Office). Obtain any required local business license or registration.
   • Apply for a State of Illinois Business Tax ID and sales/use tax registration if renting taxable lodging.
   • If you operate as a marketplace facilitator or collect and remit taxes, follow state rules; if an STR platform collects on your behalf, confirm reporting and remittance practices with the platform and the Illinois Department of Revenue.

3. Safety and Building Compliance

   • Confirm occupancy limits, egress, smoke detectors, CO detectors, fire extinguishers, and emergency egress plans consistent with Illinois fire and life safety codes. While specific code citations are not provided, best practice is to align with state and national standards (e.g., NFPA requirements and fire code provisions).
   • If you will host frequent guest stays, consider whether your occupancy pattern triggers fire/life safety inspections. If uncertain, request a pre‑application inspection.

4. Parking, Neighborhood, and Operational Guidelines

   • Provide required parking per the district schedule for “Dwelling Unit” uses (typically 2 spaces in R‑1/R‑2/R‑5; 2 spaces for 900 sq ft+ units and 1.5 spaces for <900 sq ft in R‑3/R‑4; additional rules apply in some districts).
   • Limit the number of guests to the property’s safe occupancy; manage noise, trash, and lighting to avoid impacts.
   • Post house rules, emergency contacts, and local quiet hours.

5. Taxes and Bookkeeping

   • Collect and remit applicable state and local taxes. Set up a bookkeeping system to track tax remittances and regulatory filings.

Required Documents, Permits, Licenses, and Guidelines

Based on the code provided and typical STR operations, gather the following:

• Local

  • Zoning determination or special use permit (if needed) from the City of Benton Zoning Administrator.
  • If the project fits another category (e.g., a boarding house), obtain written confirmation and any special use permits.
  • Building compliance confirmation (as applicable) and any permits tied to alterations.

• State (Illinois)

  • Business registration and tax ID (for sales/use tax on lodging).
  • If you will serve food or liquor, ensure any relevant state permits are in place.

• Operational Best Practices (non‑regulatory but recommended)

  • House rules and guest policies.
  • Emergency procedures and contact list posted in the property.
  • Parking and neighborhood etiquette guidance provided to guests.

Specific Regulations by Jurisdiction

City of Benton Zoning Code (Chapter 40)

Key definitions:

• Boarding House: Provides sleeping and/or cooking/eating for more than three but fewer than ten unrelated individuals; not open to transients; sleeping rooms limited to two persons each.
• Dwelling Unit: Includes accommodations for owner occupancy, rental, or lease “on a weekly, monthly, or longer basis,” with independent cooking, bathroom, and sleeping facilities.
• Family: Up to two non‑related persons may reside with related persons as a single housekeeping unit.

Implications:

• STRs (less than 30 days per stay) are not explicitly authorized. In residential districts (R‑1, R‑2, R‑3, R‑4), STRs are not listed among permitted or special uses, and the Boarding House definition explicitly prohibits transient occupancy. Unless a special use path exists and is granted, STRs are likely not permitted in residential zones.
• The “Dwelling Unit” definition recognizes long‑term rental (weekly, monthly, longer). It does not expressly cover transient stays. Rentals shorter than 7 days could be viewed as a transient lodging use, which is not a specified residential use.
• In non‑residential zones, lodging uses are not enumerated in the provided excerpts. Lodging‑oriented uses would likely require special use approval and must meet performance standards, yard/parking, and other district rules.

Parking minimums relevant to lodging or residential use:

• R‑1: 2 spaces per dwelling; 4 if fronting a primary/secondary street.
• R‑2: 2 spaces per dwelling; 4 if fronting a primary/secondary street.
• R‑3: 2 spaces per unit (≥900 sq ft); 1.5 per unit (<900 sq ft); 2 plus one per lodging room for boarding houses.
• R‑4: 2 spaces per unit (≥900 sq ft); 1.5 per unit (<900 sq ft).
• R‑5: 2 spaces per dwelling unit.

Yards and setbacks:

• Backyards and sideyards vary by zone; front yard setbacks range from 15–35 feet in R‑3 and R‑4 to 35–60 feet in lower‑density zones; building heights and stories are restricted per district.

Supplementary standards:

• Visibility at intersections; accessory structure placement; multiple principal structures per lot; exceptions for architectural appurtenances; and major recreational equipment rules. Lodging operations must meet fire and life safety expectations.

County and State

• No county‑level documents are provided. Check with Franklin County for any unregistered nuisance or public health rules that could affect transient lodging.
• Illinois state law generally preserves municipal control over land use. There is no statewide prohibition on STRs; regulation occurs through local zoning, building and fire codes, and tax law.
• Illinois generally requires registration and tax remittance for short‑term lodging. Platforms may have reporting obligations. Confirm current rules with the Illinois Department of Revenue.

Contact Information (Benton, Illinois)

• City Hall / Zoning Department (primary STR zoning contact)

  • Address: City Hall, 100 W. Park Street, Benton, IL 62812
  • Phone: (618) 438-2121
  • Email: cityhall@bentonil.com
  • Website: bentonil.com

• Franklin County (county‑level general inquiries)

  • Address: 100 Public Square, Benton, IL 62812
  • Phone: (618) 439-9500
  • Website: franklincountyil.gov

• Illinois Department of Revenue (state tax questions)

  • Phone: (217) 782-3336
  • Website: www2.illinois.gov

Source Links

• City of Benton Zoning Code (Chapter 40, PDF): bentonil.com/wp-content/uploads/2016/10/68-ZONING-CODE-CHAPTER-40.pdf

Practical Checklist Before You List

• Confirm zoning district and whether STRs are an authorized use by right or special permit.
• Obtain a written zoning determination; if necessary, secure special use approval before listing.
• Verify local business registration and any license requirements.
• Comply with parking, setback, and yard rules for your district.
• Align occupancy, safety, and fire code measures to Illinois standards.
• Register for state tax obligations and set up tax collection and remittance processes.
• Establish neighborhood and guest policies to mitigate complaints and enforcement risk.

Given the lack of explicit STR authorization in Benton’s zoning code, formal zoning confirmation is essential. Proceed only with written approvals, and avoid relying on casual interpretations that could be reversed or challenged.