By Shelby Stewart-Soldan
ssoldan@mihomepaper.com
Brandon Twp.— During the regular meeting on Nov. 12, the Brandon Township board of trustees unanimously approved changes to the short-term rental ordinance.
“As many of you know, the state is trying to still come after (short term rentals) and make it legal, and make it so we can’t do much about it and put them everywhere,” said Supervisor Jayson Rumball. “So this is the planning commission’s attempt to make this (short term rentals) only allowable by a special land use permit and establishing a permitting process for allowing those so they don’t just get crammed down our throats.”
Currently, the township ordinance does not allow short-term rental homes for vacationers in residential areas.
The proposes changes include a new section of the zoning ordinance with specific use regulations for short-term rentals, which would require special land use approval and are only permitted in the rural estates zoning district, and would only be permitted in single-family homes. Regulations would include requirements for off-street parking, limits on the number of renters and general property maintenance. Property owners must also agree to submit an application with preliminary site plans, floor plans, and proof of on-site septic capacity, and consent to an inspection by the ordinance enforcement officer. Property owners who operate short-term rentals must also have a designated contact person located within a 30-minute drive of the property at all times.
The changes come from the planning commission with a recommendation to approve them.
“That is still being kicked around in the senate, it has not come forward,” said Steve Unruh, trustee and planning commissioner. “And we thought it would be best if we got ahead of it.”
The ordinance amendments will come back for a second reading.
Sixty-eighth District House Rep. David Martin (R) said he is open to the idea of regulations from the state, but has not received a final draft of House Bill 5438.
“We’ll have to see how it’s actually produced or published,” he said. “I’m not against short term rentals, but I’m not for giving up local control on it. We don’t know how it’s going to be written. There are best practices out there, and there’s communities that have done this.”
According to the Michigan Municipal League, HB 5438 provides for the registry and regulation of short-term rentals and hosting platforms. The bill is currently in the Local Government and Municipal Finance Committee:
• It creates a statewide short-term rental (STR) database.
• It is not a preemption attack on local decision-making. Local units of government maintain authority to regulate STRs.
• It creates a new STR excise tax (the rate is 6% of the occupancy charge), with most of the funds collected going back to the municipality where the STR is located. Currently, municipalities have no dedicated revenue source to assist with the public costs of tourism.
• It asserts that hosting platforms cannot facilitate a booking transaction for a short-term rental if the property is not registered with the state and in good standing with the applicable local unit of government.