Noise Ordinance. Because this case involves the interpretation of ordinance language, if your community’s policy direction is to prohibit or limit short-term rentals, you may want to review, and if necessary amend, your ordinance to provide clear language in the event the Supreme Court overturns the decision. The property was zoned R-1 Low Density Residential zoning. We will continue to monitor this case and update you with new developments as they arise.
This appeal is first and foremost about giving effect to the plain meaning of the words in that zoning ordinance. ��ߪw�|�h���բ�}�ߝ\V�~����RM�c��z�6*P'�a�R����y��'������}�v��������e���ͼ�%^�9ۓ�x�>���I� ]����@����9��(�Rl�p�(Ž���ؿ�j{��p In the meantime, please contact one of our local government attorneys with any questions about how this case might impact your community’s short-term rental regulations.Confidentially speak to our experienced attorneys: She then appealed the decision to the state appeals court, which affirmed the Circuit Court result.Despite striking out thus far in court decisions, Reaume said the battle is not finished.“Even though the Supreme Court ruled that the appeals court erred in its reasoning, its egregious interpretation of the (Spring Lake Township) ordinance reveals that the Supreme Court does not want to be the institution to decide short-term rentals in Michigan,” Reaume said in a statement. Short-term rentals are allowed in the R-3 and R-4 districts with a township-issued license.In March 2017, the Reaumes applied for a short-term rental license. The Township also adopted Ordinance No. As reported in an earlier edition of this newsletter, last summer the Michigan Court of Appeals issued a published opinion in the case of If the Supreme Court overturns the Court of Appeals’ decision, it could negatively impact the ability of local governments to regulate short-term rental activity through zoning. When Reaume applied for a license, she was denied. In December 2016, the township board adopted Ordinance No. The new bills have been supported by the MTA and are currently being debated in committee.Another notable legal development in the area of short-term rental regulation came in late May, when the Michigan Court of Appeals issued a published opinion reaffirming that short-term rental occupation is a commercial use of property that does not fall within the definition for residential single family use.This decision follows closely the reasoning of an unreported Court of Appeals’ decision issued last December, concerning In the absence of enacted legislation or a Supreme Court Opinion overruling it, the We will continue to monitor the pending legislation and developing caselaw with respect to short-term rentals and provide updates of any changes. 282 0 obj <>stream The Master Plan is a document intended to guide future development in the community. But in 2016, Spring Lake passed an ordinance that prohibited short-term rentals in an R-1 residential zone and required all short-term rental homes to be registered and licensed with the township. Spring Lake Township is accepting applications for the position of Assistant Finance Director.
Michigan Supreme Court upholds SLT short-term rental rules Spring Lake Township does not discriminate on the basis of race, color, national origin, sex, height, weight, marital or veteran status, religion, age or handicap in employment or provision of services. He said that several courts have ruled that short-term rentals are commercial ventures. Fireworks Ordinance.
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After neighbors objected to the plaintiff’s use of the property for short-term rentals, she applied for a short-term rental license, which the Township denied. The case is still pending, and the Supreme Court has invited the Michigan Townships Association and the Michigan Municipal League to file amicus briefs explaining their positions on this issue. new Fireworks Ordinance effective 7/14/19.
A short-term rental was defined as any dwelling that was rented out for 14 or fewer days. Quite lit-erally, the zoning ordinance allows any “dwelling” to be occupied %PDF-1.6 %���� The Zoning Administrator makes sure the Master Plan and the Village’s Zoning … The Village of Spring Lake Mass Gathering Ordinance #357, adopted November 18, 2019, applies to public events occurring on Village public property that are expected to draw 100 people or more. In other words, renting out a property for 14 days or less in a year would not constitute a short-term rental subject to the regulatory framework or local zoning.This package of bills offers an alternative approach to House Bill 4046 (introduced last year) which would effectively strip local units of all of their authority to regulate the location (zoning) of vacation and short-term rentals of 28 days or less. She appealed that denial to the Ottawa County Circuit Court, which upheld the township’s denial.