For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
BEDROOM
A room intended for sleeping or placement of a bed, separated from other spaces in a dwelling unit by one or more functional doors. The following spaces, which must be included in every dwelling unit, do not qualify as bedroom: i) kitchens; ii) dining areas; iii) gathering spaces such as family rooms, dens, or living rooms; and iv) attics or basements without egress meeting standards in applicable building, residential, and fire codes. To count as a bedroom, a room must comply with applicable requirements for bedrooms and habitable spaces set forth in Chapter
3 of the Michigan Residential Code.
CITY
The department, officer or individual designated by the City
Manager or City Council to administer all or any part of the permitting
and inspection programs under this chapter.
GOOD VISITOR GUIDELINE MATERIALS
Materials prepared by the City's Zoning Administrator
that include: 1) a summary of the City's noise ordinance, fireworks
ordinance, trash disposal ordinances, and applicable offenses against
the public peace, 2) a reminder that the rental property is located
in a residential neighborhood and that neighbors may not be vacationing,
and 3) a statement informing the renters that neighboring property
owners may contact the local agent and local police to report any
issues relating to the property.
HEARING OFFICER
An individual designated by the City Council who presides over and adjudicates permit revocation hearings as described in Section
11-13. The hearing officer may be either an employee or independent contractor of the City, but in either case shall act as an impartial adjudicator. To ensure impartiality, an individual who serves as a hearing officer may not be involved in enforcing this chapter in any way other than as described in Section
11-13.
LOCAL AGENT
An individual designated to: i) oversee the short-term rental
of a rental unit in accordance with this chapter; ii) respond to calls
from renters, concerned citizens, and representatives of the City;
and iii) act as an agent of the owner with respect to a short-term
rental unit, which shall include the authority to accept service of
legal papers relating to the unit on the owner's behalf.
OCCUPANT
An individual who is living in, sleeping in, or otherwise
having possession of a short-term rental dwelling unit. An individual
present in a dwelling unit during the term of a short-term rental
shall be presumed to be an occupant unless circumstances clearly indicate
that the individual is visiting between the hours of 8:00 a.m. and
10:00 p.m. and will not stay overnight.
OFF-STREET PARKING SPACE
A parking space that is provided on the same lot as the short-term rental unit that satisfies the requirements to count toward the minimum parking calculation in Article
15 of the Zoning Ordinance.
OWNER
A natural person who is the legal or equitable titleholder
of the premises in question. In situations where the record titleholder
is a trust, corporation, limited liability company, or other similar
legal entity, the term "owner" shall refer to natural persons with
control or partial control over such entity, e.g., a trustee, designated
corporate representative, any and all members and managers of a limited
liability company, etc.
SHORT-TERM RENTAL ACTIVITY
The rental of a dwelling unit for compensation for a term
of less than one month. However, short-term rental activity does not
include the following: transitional housing operated by a nonprofit
entity, group homes such as nursing homes and adult foster care homes,
hospitals, or housing provided by a substance abuse rehabilitation
clinic, mental health facility, other health-care-related clinic,
or dwelling units owned by a business entity and made available on
a temporary basis to employees of that business entity or employees
of a contractor working for that business entity.
SHORT-TERM RENTAL RESERVATION SUMMARY
A standard form issued by the City Clerk on which the owner
or local agent of a short-term rental dwelling unit shall document,
for each anticipated short-term rental term, the name and date of
birth of each occupant that will be staying at the property; the number
of vehicles that will be parked on site; the make, model, and license
number of each such vehicle; and the dates on which the short-term
rental term will commence and end. At the discretion of the City Clerk,
the form may also include information regarding any requirement of
this chapter.
SHORT-TERM RENTAL TERM
The duration of a short-term rental occupancy by a given
renter or group of renters. A rental term shall be deemed to end when
there is a complete turnover in the occupancy of the dwelling unit.
SHORT-TERM RENTAL UNIT
A dwelling unit in which short-term rental activity is permitted
to occur subject to the terms and conditions of this chapter and the
City's Zoning Ordinance.
SHORT-TERM RENTAL UNIT PERMIT
A written document issued by the City indicating that the
dwelling unit identified thereon is authorized to operate as a short-term
rental unit in accordance with this chapter. When used in this chapter,
the word "permit" refers to short-term rental permits.
The owner(s) and local agent for each short-term rental unit
shall each be responsible for ensuring compliance with the following
regulations, except where expressly provided otherwise:
A. Local agent availability. During each short-term rental term, the
local agent shall be available 24 hours per day, seven days per week,
for the purpose of responding within 30 minutes to complaints regarding
the condition, operation, or conduct of occupants of the short-term
rental unit or their guests.
B. Timely and effective response. The local agent shall, upon notification
that any occupant or guest of the short-term rental unit has created
unreasonable noise or disturbances, engaged in disorderly conduct,
parked vehicles in violation of this chapter, or committed any other
violations of applicable laws, rules or regulations pertaining to
the use and occupancy of the short-term rental unit, respond in a
timely and appropriate manner to halt and prevent a recurrence of
such violations.
C. Reasonably prudent business practices. The owner and/or the owner's
authorized agent shall use reasonably prudent business practices to
ensure that the occupants and/or guests of the short-term vacation
rental unit do not create unreasonable noise or disturbances, engage
in disorderly conduct, or violate any applicable law, rule or regulation
pertaining to the use and occupancy of the subject short-term vacation
rental unit.
D. Duty to provide permit and post in window. Upon request by any occupant
or prospective occupant, the owner(s) or agent shall provide the occupant
or prospective occupant with a copy of the short-term rental unit
permit. Further, a full-sized copy of the short-term rental unit permit
must be posted in a prominent first-floor window of any short-term
rental during each short-term rental term.
E. Maximum occupancy; advertising regulations. Each short-term rental unit permit shall indicate the maximum occupancy for the unit, calculated pursuant to Section
11-9 below. A short-term rental unit shall not be advertised for an occupancy that is greater than the allowed maximum occupancy calculated pursuant to this section. Any advertisement posted on an online short-term rental platform must state the maximum occupancy as calculated pursuant to Section
11-9.
F. Reservation requirements. At least 24 hours prior to the commencement
of a short-term rental term, the owner or the local agent shall:
1. Obtain the contact information for at least one of the occupants
who will be staying in the unit;
2. Complete a copy of the short-term rental reservation summary form
and file it with the City Clerk or the Clerk's designee in a
manner specified on the form;
3. Ensure that a copy of the short-term rental reservation summary form is available within the dwelling unit during each short-term rental term so that rental occupants can produce it upon request in conformance with Section
11-5B below;
4. Provide a copy of the good visitor guideline materials to the prospective
occupants;
5. Inform the prospective occupants of the maximum occupancy of the
short-term rental dwelling unit; and
6. Inform the prospective occupants of the number and location of off-street parking spaces provided on the lot and of the parking regulations provided in Section
11-5A below.
G. Basement regulations. No basement can be used for a bedroom unless
it has an egress window approved by the City inspector and found in
compliance with local and state code requirements.
H. Curbside refuse pickup. The owner or local agent must make provisions to have refuse picked up (curbside) at least once per week when the short-term rental unit is being rented. Where curbside pickup is not reasonably available, this requirement may be satisfied by provision of a communal dumpster available for use by occupants of the short-term rental unit. Further, it shall be responsibility of the owner and local agent to ensure compliance with Section
15-7 of the City Code, which regulates the times at which refuse and recycling receptacles may be set out for collection and left at the curb of the street.
I. Renter turnover procedure. For short-term rental units, the local
rental agent shall, at least once per month, inspect the premises
(or ensure inspection by a designee of the agent) using a City-designated
checklist and shall ensure that all smoke detectors, carbon monoxide
detectors, lights in common areas and stairways, egress doors, and
railings are in a safe and working condition; any defects discovered
shall be corrected promptly. Upon inspection, the agent shall sign
and date that checklist and shall maintain it for City inspection
and copying for a period of at least two years.
J. Compliance with safety equipment requirements and applicable codes. All short-term rental units shall comply with the safety equipment requirements in Section
11-8 below, as well as all applicable zoning, construction, fire, and property maintenance codes, ordinances, or other regulations. A violation of any of the foregoing shall also be a violation of this section.
K. Rental of partial dwelling units prohibited. This chapter pertains
only to the short-term rental of an entire dwelling unit. The short-term
rental of partial dwelling units (e.g., a room or rooms within a dwelling
unit) is prohibited.
The number of occupants in a dwelling unit during a short-term
rental shall not exceed the lesser of:
A. Fourteen total occupants;
B. Two occupants per bedroom plus two additional occupants per finished
story meeting the applicable egress requirements for occupancy in
the Michigan Construction Code; or
C. Except for units within a planned unit development, four occupants for every off-street parking space that is provided on the lot and reserved exclusively for occupants of the short-term rental unit. For units within a planned unit development, the occupancy is determined only by the limits described in Subsections
A and
B.
Any notice issued pursuant to this chapter shall be considered
served as of the date of the earliest of any of the following events:
A. The posting of the notice on or adjacent to the premises, in conjunction
with the mailing of the notice to the responsible party's last
known address by first-class mail;
B. The sending of the notice by email to an email address designated
on a short-term rental permit for the property;
C. Personal delivery of the notice to the responsible party; or
D. The responsible party's receipt of the notice by certified U.S.
Mail, as indicated in a notification of receipt.
The following standards and procedures shall apply in any permit
revocation or permit-ineligibility hearing conducted under this chapter:
A. Opportunity to be heard. Property owners and local agents shall be
provided with the opportunity for a hearing during which they may
be represented by counsel, present witnesses, and cross-examine witnesses.
Hearings shall be scheduled with reasonable promptness, provided that
the property owner(s) and local agent shall be given at least 14 days
after service of process to prepare for the hearing.
B. Evidence. The hearing officer may admit and give probative effect
to evidence of any type commonly relied upon by reasonably prudent
persons in the conduct of their affairs. Irrelevant, immaterial, or
unduly repetitious evidence may be excluded. Effect shall be given
to the rules of privilege recognized by law. Objections to offers
of evidence may be made and shall be noted in the record. Subject
to these requirements, the hearing officer, for the purpose of expediting
hearings and when the interests of the parties will not be substantially
prejudiced thereby, may provide in an administrative hearing or by
rule for submission of all or part of the evidence in written form.
C. Burden of proof. The City shall have the burden of establishing that the grounds for permit revocation, as described in Section
11-11, by a preponderance of the evidence. A decision and an order shall not be made except upon consideration of the record as a whole or a portion of the record as may be cited by any party to the proceeding and as supported by and in accordance with the competent, material, and substantial evidence.
D. Appeals. Final determinations of the hearing officer shall be subject
to judicial review in accordance with Article VI, § 28,
of the Michigan Constitution in an appeal taken pursuant to Michigan
Court Rule 7.123.