[Added 1-16-2023 by Ord. No. 382]
A.
The Village is committed to preserving the residential character
of its neighborhoods, minimizing potential nuisances, and maintaining
the Village's small-town character. The Village intends to protect
its residents and visitors from the potentially negative or harmful
effects that can arise from commercial rentals, including the potential
impact on the appearance, tranquility, and standard of living in the
Village's prime residential areas.
B.
However, the Village also recognizes the potential benefits of tourism and additional lodging opportunities for visitors, as well as the financial benefit that short-term rentals can bring to property owners in the Village. Therefore, the Village wishes to achieve a balance between these considerations by providing that short-term rentals are allowed as special land uses, based upon a consideration of the standards in § 390-134 and in this Short-Term Rental Overlay District.
The uses permitted in the Short-Term Rental Overlay District
shall be the uses permitted in the underlying zoning district, plus
short-term rentals as special land uses.
The design requirements of the underlying zoning district shall
apply to the Short-Term Rental Overlay District.
The property in the Village included in the Short-Term Rental Overlay District is illustrated in the diagram attached as Exhibit A, to be added to the zoning map established per § 390-51 of this Zoning chapter.[1]
[1]
Editor's Note: Exhibit A is on file in the Village offices.
A.
The following standards shall apply to all short-term rentals.
(1)
A short-term rental must be located in the Short-Term Rental Overlay
District.
(2)
A short-term rental must comply with the Village's Registration of Rental Units Ordinance as now or subsequently amended, consisting of Chapter 271 of this Code.
(3)
The applicant shall submit a floor plan of the dwelling unit and
a site plan of the property drawn to a scale of not less than 1/8
inch equals one foot.
(4)
The rental unit must maintain the existing residential character
of the subject property.
(5)
If the subject lot does not meet the underlying district minimum
lot area, has other dimensional nonconformities, or has an existing
nonconforming use, the Planning Commission may deny approval, or it
may condition approval on measures that mitigate potential adverse
effects of operating a short-term rental on the lot.
(6)
Parking shall be located on the lot and comply with these requirements
in addition to any other requirements for the applicable underlying
zoning district in question.
(a)
For subject properties in the CC and CBD Districts where parking
is not available on-site, parking shall occur within those parking
spaces devoted to use by the subject property.
(b)
The applicant shall provide parking location information on
the site plan. This shall be considered the designated parking area
and include the following information.
[1]
A minimum of two off-street parking spaces shall be provided
per unit (up to six occupants), plus one space for every three occupants
over six, based on approved occupancy for the dwelling unit.
[2]
Any proposed expanded parking area must be shown on the site
plan and will be subject to review by the Planning Commission and
Zoning Administrator. Parking on the grass is prohibited.
(7)
Where they exist, fire pits be a minimum of three feet from any lot
lines and shall meet the requirements of the fire code and any other
applicable codes.
(8)
The number of overnight guests in a short-term rental shall be based
on occupancy limits established by the International Property Maintenance
Code as referenced in the Michigan Building Code. All guests shall
sleep in an approved bedroom. No guest may sleep on couches, the floor,
in tents, or in trailers on the lot.
(9)
No separate cooking facilities shall be allowed in bedrooms.
(10)
All short-term rentals shall be subject to the following performance
standards.
B.
Outdoor areas intended for the congregating of guests (e.g., porches,
decks, pools and pool decks, gazebos, fire pits, etc.) must meet the
following requirements, in addition to other requirements established
by this chapter.
(1)
Decks, porches, and patios which qualify as a structure must meet
the minimum setback requirements as established in the underlying
zoning district.
(2)
At grade patios and decks, or those which do not meet the height
requirement to be considered a structure, must be a minimum of three
feet from any lot line.
(3)
Pools, hot tubs, and similar devices must meet the minimum setback
requirements as established in the underlying zoning district.
(4)
If any of the above features are present on the lot and legally nonconforming
in status, the Planning Commission may require the area to be fenced
in or screened with landscaping. Additionally, the Planning Commission
may require any outdoor congregating area to be fenced in or landscaped
in order to help buffer the short-term rental from neighboring properties.
The Village shall consider lot sizes in the area and of the short-term
rental lot, surrounding land uses, topography, and other considerations
deemed relevant by the Village.
[Amended 9-18-2023 by Ord. No.
386]
C.
The following site modifications are subject to review and approval
by the Planning Commission as an amendment to the special land use;
otherwise, these modifications shall void the approval of the existing
special land use:
D.
If the conditions of approval for a special land use permit allowing a short-term rental are not satisfied, the Village shall send written notification to the owner, explaining the alleged violations. If the alleged violations are not promptly resolved, the Village may schedule a public hearing before the Planning Commission pursuant to § 390-136.
