Park Township leans toward 500-foot buffers, 252 cap on short-term rentals

A portion of Park Township's previous working overlay district map for short-term rentals. The commission has now agreed to keep the yellow portion as one district, while expanding the green across the rest of the township to create a second district.
A portion of Park Township's previous working overlay district map for short-term rentals. The commission has now agreed to keep the yellow portion as one district, while expanding the green across the rest of the township to create a second district.

PARK TWP. — The Park Township Planning Commission is inching closer to an ordinance for short-term rentals, an issue that has starkly divided residents and homeowners over the past year.

During a special meeting Thursday, Aug. 4, the commission agreed on two overlay districts — one along the lakeshore and one encompassing the rest of the township.

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Short-term rentals would be allowed in both districts, a significant change from the commission's previous three-district plan, which would have eliminated STRs at many inland properties.

The commission also reached an agreement of 500-foot buffers in both districts, beginning at the edge of an STR's property line, as well as an overall cap of 252 STRs in the township. Currently, staff said, there are well over 300.

The Park Township Planning Commission is inching closer to an ordinance for short-term rentals, an issue that has starkly divided residents and homeowners over the past year.
The Park Township Planning Commission is inching closer to an ordinance for short-term rentals, an issue that has starkly divided residents and homeowners over the past year.

An issue of enforcement

Under existing township ordinance, short-term rentals aren't an allowed use at residential properties — but misinterpretations over the years have led to an abundance of STRs anyway, causing residents to complain about noise violations and other disturbances.

In response, the township opted for a hands-off approach, agreeing to research and potentially develop a new ordinance that would allow for the licensing and proper regulation of STRs, rather than shutting existing ones down.

That months-long process of crafting policy will continue in the coming weeks, with licensing and enforcement discussions in late August and transition discussions in September, followed by a joint meeting between the planning commission and the Park Township Board of Trustees.

The board will ultimately be responsible for approving the ordinance drafted by the planning commission.

Under existing Park Township ordinance, short-term rentals aren't an allowed use at residential properties — but misinterpretations over the years have led to an abundance of STRs anyway.
Under existing Park Township ordinance, short-term rentals aren't an allowed use at residential properties — but misinterpretations over the years have led to an abundance of STRs anyway.

Grandfathering

It's still unclear whether the new ordinance will, to some degree, take existing rentals into consideration. While some commissioners have expressed concerns about unilaterally shutting down several dozen sources of income, others are more concerned about residents.

"It's not our job to let somebody have a short-term rental, it's our job to reflect (the needs of residents)," commissioner Diana Garlinghouse said Thursday.

Commissioners agreed there should be no exceptions for owners living near STRs, such as in a neighboring home, but said exceptions should be granted for owner-occupied rentals, which would still need to go through the licensing process, but wouldn't be subject to the buffer.

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Following deliberations, several residents expressed support for the commission, but requested a larger buffer of 1,000 feet or more.

The discourse was less tense than the commission's previous meeting Thursday, July 28, during which several residents asked why the township doesn't simply enforce its ordinance as written — effectively eliminating all STRs operating within its borders. At least one speaker received a round of applause at this suggestion.

But commissioner Terry DeHaan worries about going too far.

"If we contract so much, it's going to send a major signal to Lansing on what the local townships are doing to short-term rentals," he said. "You just have to take that into consideration as we go forward."

DeHaan was referring to House Bill 4722, passed 55-48 by the Michigan House in November 2021.

The legislation, as written, prevents local governments from banning short-term rentals through local zoning code and ties their hands with regard to other kinds of restrictions on rentals, such as caps on the total number of units that can be rented short-term.

If passed, the law would negate much of the work done over the past year in Park Township.

— Contact reporter Cassandra Lybrink at cassandra.lybrink@hollandsentinel.com. Follow her on Instagram @BizHolland.

This article originally appeared on The Holland Sentinel: Park Township working on ordinance governing short-term rentals