Y. Ghafoori v. Hamilton Twp. ZHB & Hamilton Twp.

── Y. Ghafoori v. Hamilton Twp. ZHB & Hamilton Twp. ── Court: Commonwealth Court of Pennsylvania Date: May 13, 2026 Author: Leadbetter Category: General IN THE COMMONWEALTH COURT OF PENNSYLVANIA Yousuf Ghafoori, : Appellant : : v. : No. 1573 C.D. 2024 : ARGUED: April 13, 2026 Hamilton Township Zoning Hearing : Board and Hamilton Township : BEFORE: HONORABLE RENÉE COHN JUBELIRER, President Judge HONORABLE MATTHEW S. WOLF, Judge HONORABLE BONNIE BRIGANCE LEADBETTER, Senior Judge OPINION NOT REPORTED MEMORANDUM OPINION BY SENIOR JUDGE LEADBETTER FILED: May 13, 2026 Appellant, Yousuf Ghafoori, appeals from an order of the Court of Common Pleas of Monroe County, dismissing his appeal from the decision of the Zoning Hearing Board of Hamilton Township. The Board’s decision denied Ghafoori’s consolidated appeals from the Zoning Officer’s notice of violation and the denial of his application for a certificate of non-conformance. For the following reasons, we affirm. The facts underlying this appeal are undisputed.1 Ghafoori is a resident of New York, where he owns multiple properties. In September 2021, Ghafoori purchased the property at 2525 Route 209, Sciota, Pennsylvania, located in the Township’s C (commercial) zoning district. The property is approximately 5.85 1 Unless stated otherwise, the background is taken from the Board’s decision and findings of fact. See Original Record (O.R.) at 8-44. References to the Original Record reflect electronic pagination. acres and is improved with two structures, namely a five-bedroom residence with an attached garage and a shed. The property is adjacent to and across the street from commercial properties, including a multi-unit rental property that was previously used as a hotel/motel. Without contacting the Township or obtaining any permits or approvals, Ghafoori conducted renovations of the residence, most significantly converting the attached garage into an indoor swimming pool. Beginning in February 2022, Ghafoori listed the property as a short-term rental on websites, including Airbnb and Vrbo®. Ghafoori regularly rented out the property through these websites from February 2022 through January 2023. Ghafoori admittedly did not apply for a zoning permit or a certificate of use and occupancy before using the property as a short-term rental. In November 2022, the Township adopted a short-term rental ordinance (STR Ordinance)2 which permits short-term rentals in the Township’s C-2 zoning district, but not the C zoning district where the property is located. Thereafter, the Township received an anonymous complaint that the property was being used as a short-term rental. The Township Zoning Officer conducted an investigation into the complaint and subsequently issued Ghafoori a notice of violation in August 2023, citing the following: Specific Violations: Commencing no later than the date of this Notice you have: 1. Established a new use and/or changed the use (Short-Term Rental) on the subject property without 2 Hamilton Township, Monroe County, Ordinance No. 2022-11-22, Short-Term Rental (2022). 2  first obtaining a [z]oning [p]ermit, in violation of [Section] 902.1 of the . . . Zoning Ordinance.[3] 2. Used and [o]ccupied subject property for new/changed use without first obtaining a [c]ertificate of [u]se and [o]ccupancy, in violation of [Section] 902.5 of the . . . Zoning Ordinance. 3. Established a new use and/or changed