Overview: Are Short‑Term Rentals Allowed?

• Explicit answer: Short‑term rentals (STRs)—commonly operated via platforms like Airbnb and VRBO—are allowed in Buckhannon as of July 2024.
• The City Attorney advised council to take no action on a potential ban, citing conflict with state law. Planning and zoning discussions continue, but there is no active citywide prohibition on STRs.
• Zoning matters: In May 2024, the Planning Commission voted to recommend that City Council deny an amendment that would have explicitly allowed STRs in the R‑1 Single‑Family Residential District. Therefore, STRs remain prohibited in R‑1. STRs may be viable in other zoning districts (e.g., commercial or mixed‑use zones), subject to the city’s general ordinances and any future zoning actions.
• Bottom line for investors: You can operate an STR in Buckhannon today, provided your property is not in R‑1 and you comply with applicable city, county, and state regulations.

How to Start a Short‑Term Rental Business in This Market

• Confirm zoning and land use status before purchase or conversion:
  • Verify the subject property is not within the R‑1 Single‑Family Residential District.
  • If the property lies outside R‑1, proceed with standard STR due diligence (parking, access, life‑safety systems, and neighborhood context).
• Engage local authorities early:
  • Request a formal zoning determination or letter from the City Zoning Officer confirming the permitted use for STRs at the subject address.
  • If the property is in R‑1, consider alternative sites or evaluate the feasibility of seeking a variance through the Zoning Board of Appeals—understanding that public sentiment has favored maintaining R‑1’s single‑family character.
• Establish operational controls:
  • Adopt guest policies that minimize noise, parking congestion, and neighborhood disruption—these were the chief concerns raised by residents and commissioners.
  • Plan for narrow roads and limited sightlines, particularly in R‑1 or adjacent areas; implement parking and arrival/departure instructions to reduce safety risks.
• Monitor municipal actions:
  • The city has discussed forming a working group to study STR impacts and explore regulatory alternatives. Stay attentive to any new proposals or ordinance changes.
  • Reconfirm zoning and permitting requirements prior to listing and annually thereafter.

Required Documents, Permits, Licenses, and Guidelines

• Zoning compliance:
  • Proof that the intended STR use is permitted under the property’s zoning (outside R‑1). Request written confirmation from the City Zoning Officer.
• Life safety and building standards:
  • Smoke/CO detectors, safe egress, fire extinguishers, and other code‑related items are typically required; confirm specifics with the city’s building/zoning offices.
• Business registration and taxes:
  • West Virginia generally requires business registration and sales tax collection/remittance for transient lodging; consult the West Virginia State Tax Department for current rules.
• Local business/occupancy requirements:
  • The provided materials do not specify a city business license or occupancy permit for STRs. Confirm with Buckhannon City Hall whether any local licensing applies.

Specific Regulations (City, County, State)

• City of Buckhannon (municipal):
  • No ban in effect: The City Attorney advised against a ban, and council has not enacted prohibition. STRs remain allowed under current discussions (as of July 2024).
  • R‑1 zoning restriction: The Planning Commission voted to recommend denial of an amendment to allow STRs in R‑1, signaling strong neighborhood protection concerns in single‑family areas.
  • Potential future rules: A working group is being considered to study STR impacts and alternatives, which may result in future guidelines (e.g., registration, caps, or operational standards).
• Upshur County (county):
  • The provided materials do not outline county‑specific STR rules. Confirm with Upshur County Commission or Planning Office whether county ordinances affect STRs.
• State of West Virginia (state):
  • State law considerations are cited by the City Attorney as limiting municipal ability to impose certain STR bans. Investors should review applicable state statutes governing transient rentals, taxation, and consumer protections.

Contact Information

• City of Buckhannon (City Hall / Administration)
  • Phone: 304‑472‑1651
  • Address: 70 E Main St, Buckhannon, WV 26201
  • Website: cityofbuckhannon.org
• City Attorney’s Office (legal guidance)
  • Phone: 304‑472‑1651 (City Hall)
• City Planning Commission / Zoning Officer
  • Coordinate inquiries through City Hall. Request the Planning Commission or Zoning Officer contact details if not publicly listed.
• West Virginia State Tax Department (business registration, sales tax for lodging)
  • Phone: 304‑558‑3333
  • Website: tax.wv.gov

Source Pages

• WBOY.com — “Banning Airbnbs? Buckhannon council advised to take no action” (July 19, 2024)
  • www.wboy.com/news/upshur/banning-airbnbs-buckhannon-council-advised-to-take-no-action/
• WV News — “Buckhannon Planning Commission discusses zoning ordinance, recommends Council vote down Airbnb rental request” (May 20, 2024)
  • www.wvnews.com/recorddelta/news/buckhannon-west-virginia-planning-commission-discusses-zoning-ordinance-recommends-that-council-votes-down-airbnb-rental/article_8043980e-16cf-11ef-a731-ff622001f601.html

Notes for Investors

• The most material constraint is zoning: R‑1 districts are functionally off‑limits for STRs given the Planning Commission’s recommendation and neighborhood sentiment.
• Given the ongoing policy discussion, maintain flexibility in your operating plan and be prepared to adapt if the city adopts registration, cap, or operational standards.
• Because the city may still issue local licensing or occupancy requirements not detailed here, obtain written guidance from the Zoning Officer before listing.