Groton ― The Noank Zoning Commission is proposing to update its regulations to make it clear that short-term rentals are prohibited in Noank in light of a recent Connecticut Supreme Court case involving another community.

In that case, Frances Wihbey vs. Zoning Board of Appeals of the Pine Orchard Association, a Branford property owner had been renting his property, purchased in 1994, as a short-term rental since 2005.

In 2018, the Pine Orchard Association banned short-term rentals, and in 2019, Wihbey received a cease-and-desist order, according to the court document.

Arguing that the use of his property as a short-term rental was “a protected nonconforming use,” Wihbey appealed, and the case made its way to the Connecticut Supreme Court. The court upheld that “the short-term rental of a single-family dwelling constitutes a permissible use of the property under the 1994 regulations,” according to the decision published in July.

In Noank, the proposed update to the zoning regulations will “codify the prohibition on short-term rentals in the Noank Fire District to conform to a recent Connecticut Supreme Court ruling,” according to a letter from William Mulholland, zoning enforcement officer for the Noank Fire District, to the town.

Currently, the Noank Zoning District says short-term rentals are not permitted because its zoning regulations do not include that use, according to a town memorandum. The Noank Zoning Commission’s new proposed regulations will “state clearly that this use is prohibited in all zones.”

The Noank Zoning Commission in 2021, after considering potential short-term rental ordinances, had decided to enforce the current prohibition on rentals, explaining that any use not explicitly permitted in the regulations is prohibited.

Mulholland said that because of the recent Supreme Court case, the Zoning Commission, on advice of counsel, is updating its regulations.

“It’s a housekeeping measure to ensure we’re in keeping with the recent decision,” he explained.

The proposed regulations say the rental of a dwelling unit for a period of 30 days or less is banned in all districts in Noank. The regulations also say that it’s permitted for a single-family home to be occupied by the same family for a period of 31 days or more in village residential, moderate density residential, low-density residential, rural residential, village commercial and waterfront commercial districts.

The commission will hold a public hearing on the proposal at 7 p.m. Tuesday, Nov. 12 at the Noank Firehouse.

As a referral, the town’s Planning and Zoning Commission reviewed the proposal at its Oct. 8 meeting and had no comment.

The town’s Planning and Zoning Commission approved regulations for new short-term rentals this past spring that apply to the town, but not the City of Groton, Noank and Groton Long Point. Those regulations ban new short-term rentals in some zones and conditionally allow them in others. Short-term rental owners have to provide an off-street parking space for every bedroom and comply with lighting, zoning, building, fire, and electrical standards.

k.drelich@theday.com