Highland Park closes loophole in timeshare rules

Highland Park City Council decided on Monday to prohibit single-family homes from being used as timeshares and clarified when timeshares can be utilized in the city.

The approved amendments to Highland Park’s zoning code officially defined timeshares as dwelling units where several owners have an exclusive right to use or own the property for a period of time less than a full year pursuant to some agreement.

Councilmember Jon Center voted “present” while the rest of the council supported the measure prohibiting residential timeshares and made explicit that short-term rental properties cannot also include timeshare-related uses. 

Properties in Highland Park are now only allowed to be utilized as timeshares as a “conditional use” in eight-specific non-residential zoning districts, like highway-commercial, service-commercial and light industry districts. 

Steven Elrod, Highland Park’s official legal counsel, informed the council that while state law provides a definition for timeshares, the city’s previous zoning code did not explicitly define timeshares, and property uses not explicitly allowed in its code are therefore prohibited. 

Indicating that at least one property owner had argued with the city that timeshares are allowed in Highland Park, Elrod said the approved amendments “cleaned up” the city’s zoning code. 

“What we’re trying to do is clear that up and confirm what our understanding of it is, that the concept of timesharing property in Highland Park is not allowed,” Elrod said. 

“Now, interestingly, we actually do allow it. We’ve, if anything, expanded the ability to do timeshares because we are allowing it in certain areas and certain nonresidential areas, business properties,” Elrod continued. 

Highland Park City Council voted unanimously during a January 27 council meeting to direct its Plan and Design Commission to begin evaluating whether and to what extent the city should regulate its use of timeshares in the city. 

The city then held three public hearings on the issue this year — on May 6, June 17 and Aug. 19 — according to Joel Fontaine, Highland Park’s director of community development.

The Highland Park Plan and Design Commission then voted unanimously on Aug. 19 in favor of the proposed zoning code amendments, finding them consistent with the city’s master plan in part because it will “assure continuity and maintenance of neighborhood character.”

Marcus Martinez, another member of Highland Park’s corporation counsel, affirmed during that Aug. 19 meeting that the proposed zoning code amendments are intended for all property in Highland Park despite various concerns raised to the city by neighbors of a specific property.

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