[HISTORY: Adopted by the Township Board of Trustees of the Township of Lawrence 2-9-2023. Amendments noted where applicable.]
In order to provide the County Sheriff Department personnel with additional information to ensure compliance with legal usage of properties throughout the Township of Lawrence (hereafter known as "Township"), and to protect the health, safety, and welfare of short-term rental property occupants as well as the community at large, the Township requires more and better information and regulation of short-term rental properties. The adoption of a short-term rental registry will provide information on the quantity and location of short-term rental properties throughout the Township and provide valuable information to Sheriff Department personnel in ensuring compliance with the provisions of the Township's ordinances.
All terms used in this chapter shall have the meanings set forth below regardless of any inconsistent provisions elsewhere in Township ordinances. Any terms not specifically defined herein shall be defined by common usage.
BUILDING INSPECTOR
The person holding the position of Building Inspector for Lawrence Township or his/her designee.
DWELLING UNIT
A building or part of a building where the unit consists of one or more rooms with provisions for cooking, living, sanitary and sleeping facilities designed exclusively for residential use and arranged or intended to be occupied by one individual household or family living independently of other individual households or families.
FAMILY
A. 
The following shall constitute a family hereunder:
(1) 
Any number of persons occupying a dwelling unit, provided that all are related by blood, marriage, or legal adoption and provided that they live and cook together as a single housekeeping unit; or
(2) 
Any number of persons not exceeding four occupying a dwelling unit and living and cooking together as a single housekeeping unit, where not all are related by blood, marriage, or legal adoption.
B. 
A group of persons whose association or relationship is transient or seasonal in nature, rather than of a permanent and domestic character, shall not be considered a family.
C. 
A group of unrelated persons numbering more than four and occupying a dwelling unit shall be presumed not to constitute a family. This presumption can be overcome only by a showing that:
(1) 
The group is one which in size, function and structure resembles a traditional family unit;
(2) 
The group will live and cook together as a single housekeeping unit;
(3) 
The group is of a permanent nature and is neither a framework for transient or seasonal living nor merely an association or relationship which is transient or seasonal in nature; and therefore, the group constitutes the functional equivalent of a family. A determination as to the status of such group may be made in the first instance by the Building Inspector or, on appeal from an order, requirement, decision, or determination made by him, by the Township Board.
IMMEDIATE FAMILY
The owner's spouse, children, parents, siblings, grandparents, or grandchildren.
OWNER
Any person, individual, association, entity, or corporation whose name is listed as grantee on the last deed, or as vendee on the last land contract or memorandum of sale, of record for the property, as recorded with the Van Buren County Register of Deeds Office.
PERSON
Includes any individual, business, partnership, firm, corporation, enterprise, trustee, company, industry, association, public entity, or other legal entity.
PUBLISH
Promulgation of an available short-term rental property to the general public or to selected segments of the general public, in a newspaper, magazine, flyer, handbill, mailed circular, bulletin board, sign, website, or electronic media.
RENT
A return, in money, property or other valuable consideration (including payout in kind or services or other thing of value), for the use and occupancy or the right to the use and occupancy of a short-term rental property, whether or not a legal relationship of landlord and tenant exists between the owner and the occupant or occupants thereof. Rent may also be a verb used to describe the process of renting a location from an individual or renting a location to an individual.
SHORT-TERM RENTAL PROPERTY
A dwelling unit which is occupied for habitation as a residence by persons, other than the owner or the owner's immediate family, and for which rent is received by the owner, directly or indirectly, in exchange for such residential occupation for less than 30 days. The term short-term rental property shall include single-family houses, two family houses, and apartments but shall not include:
A. 
Legally existing hotels, motels, bed-and-breakfasts providing short-term transient accommodations;
B. 
Any affordable or senior multifamily dwelling unit developments owned and/or managed by a not-for-profit organization;
TENANT
An individual who leases, uses, or occupies a short-term rental property.
A. 
This chapter applies to any short-term rental in the agricultural and commercial zoning districts (A-1, C-1) in Lawrence Township.
B. 
Any short-term rental must register in accordance with this chapter.
A. 
Registration required. It shall be unlawful for any person or entity owning, renting, or leasing a short-term rental property within the Township Agricultural and Commercial Zoning Districts to rent, lease, or permit the occupancy of such short-term rental property by other than the owner or owner's immediate family, without having first registered the property as a short-term rental property with the Township Short-Term Rental Administrator by the filing of a short-term rental property registration form or short-term rental property registration renewal form deemed complete by the Short-Term Rental Administrator.
B. 
Short-term rental registration number required.
(1) 
It shall be unlawful for any person or entity owning, renting, or leasing a short-term rental property within the Township Agricultural and Commercial Zoning Districts to rent, lease or permit the occupancy of such short-term rental property by other than the owner or owner's immediate family, without first obtaining a short-term rental registry number from the Short-Term Rental Administrator for the specific premises used as a short-term rental property.
(2) 
It shall be unlawful for any person or entity owning, renting, or leasing a rental property within the Township Residential Zoning Districts (R-1, R-2, R-3, R-4) to rent, lease or permit the occupancy of such property as a short-term rental by other than the owner or owner's immediate family.
(3) 
It shall be unlawful for any person to use a short-term rental property that does not have a valid short-term rental registry number from the Short-Term Rental Administrator for the specific premises used as a short-term rental property.
C. 
Short-term rental registration update required. It shall be unlawful for any person or entity owning, renting or leasing a short-term rental property within the Township to rent, lease or permit the occupancy of such short-term rental property by other than the owner or owner's immediate family, without having filed a short-term rental registration form if there shall be a change in ownership as set forth in § 33-5C, of this chapter.
D. 
Use prohibited. It shall be unlawful for any person or entity to use or occupy a short-term rental property without that property being validly registered as a short-term rental property with the Township Zoning Administrator.
A. 
Short-term rental property registration form. Short-term rental property registration forms shall be made in a sworn or affirmed writing by the property owner to the Short-Term Rental Administrator on a form provided, therefore. To the extent the Township may make online registration available, applicants may utilize such system. Such application shall, at a minimum, set forth:
(1) 
The names, physical addresses, mailing addresses and telephone numbers of the property owner(s) and twenty-four-hour emergency contact name and phone number and lives within 25 miles of the short-term rental property;
(2) 
The name, physical address, mailing address and telephone numbers of an agent designated by the owner to act in his/her stead, if any;
(3) 
The street address and Van Buren County property number of the short-term rental property;
(4) 
The number of rooms, the number of bedrooms, and the maximum number of permitted tenants;
(5) 
A completed short-term rental unit affidavit of condition, in a form approved by the Township, attested to by the property owner or the owner's agent;
(6) 
A tenant good conduct agreement, which has been approved by the Township, between the owner and renter specifying what they (the renter) can or cannot do.
(7) 
Verification that each short-term rental unit is provided with sufficient commercial trash removal services and covered trash bins.
(8) 
The number of available, legal off-street parking spaces.
(9) 
A copy of both well and septic system approval from the Van Buren County Health Department.
B. 
Short-term rental registration number. Upon filing of a short-term rental property registration form or short-term rental property renewal form and it being deemed complete by the Short-Term Rental Administrator, and the filing of the registration fee, each short-term rental property will be assigned a unique short-term rental registration number for the short-term rental property.
C. 
Change in ownership. A change in ownership of the short-term rental property shall not void the short-term rental registration number. Any new owner shall file a new short-term rental property registration form.
D. 
Registration and update fees. All fees are nonrefundable and the registration fee, renewal registration fee, and registry update fee shall be in an amount established by the Township Board by resolution and amended from time to time as the Board may deem appropriate. All fees shall be paid upon the filing of a short-term rental property registration form or short-term rental property renewal form.
E. 
Presumption of short-term rental occupancy. Any single-family residence, or any other premises subject to the provisions of this chapter, shall be presumed to be a short-term rental property if such premises are not occupied by the legal owner thereof. This presumption shall be rebuttable.
F. 
Maintenance of registry. It shall be the duty of the Short-Term Rental Administrator to maintain the Short-Term Rental Property Registry pursuant to this section. Such register shall include the property number, short-term rental property registration number, street address showing the name and address of the owner, the number of conventional bedrooms in the structure at such street address, and the number of persons allowed to occupy that structure.
G. 
Short-term rental registration term. The registration of a short-term rental property will expire February 1, the first year after the date that the registration form is deemed complete by the Short-Term Rental Administrator. Renewals shall be processed on or about February 1, of each year.
H. 
Short-term rental property registration renewal form. Short-term rental property registration renewal forms shall be made in by the property owner or short-term rental property manager to the Short-Term Rental Administrator on a form provided, therefore. Owners and short-term rental property managers are responsible to know of the requirement to renew short-term rental registrations every year and submit the proper paperwork and applicable fees no later than February 1 of the year of expiration. To the extent the Township may make online registration available, applicants may utilize such system. Such application shall, at a minimum, set forth:
(1) 
The names, physical addresses, mailing addresses and telephone numbers of the property owner(s);
(2) 
The name, physical address, mailing address and telephone numbers of an agent designated by the owner to act in his/her stead, if any;
(3) 
The street address and Van Buren County property number of the short-term rental property;
(4) 
The number of rooms, the number of bedrooms, and the maximum number of permitted tenants;
(5) 
A completed short-term rental unit affidavit of condition, in a form approved by the Township Short-Term Rental Administrator, attested to by the property owner or the owner's agent.
(6) 
Verification that each short-term rental unit is provided with sufficient commercial trash removal services and covered trash bins.
(7) 
The number of available, legal parking spaces.
A. 
The presence or existence of any of the following shall create a presumption that a dwelling unit is being used as a short-term rental property:
(1) 
The property is occupied by someone other than the owner or his/her immediate family;
(2) 
Voter registration, motor vehicle registration, a driver's license, or any other document filed with a public or private entity which states that the owner of the short-term rental property resides at an address other than the short-term rental property;
(3) 
Utilities, cable, phone, or other services are in place or requested to be installed or used at the premises in the name of someone other than the record owner;
(4) 
Persons residing in the dwelling unit represent that they pay rent to occupy the premises;
(5) 
A dwelling unit which has been published as being available for rent or lease.
B. 
The foregoing may be rebutted by evidence presented to the enforcement authority or any court of competent jurisdiction.
A. 
It shall be presumed that a single- or one-family dwelling unit is occupied by more than one family if any two or more of the following features are found to exist on the premises:
(1) 
More than one mailbox, mail slot or post office address;
(2) 
More than one gas meter;
(3) 
More than one electric meter annexed to the exterior of the premises;
(4) 
More than one doorbell or doorway on the same side of the dwelling unit;
(5) 
More than one connecting line for cable television service;
(6) 
More than one antenna, satellite dish, or related receiving equipment;
(7) 
There are more than four motor vehicles registered to the dwelling;
(8) 
There are separate entrances for segregated parts of the dwelling;
(9) 
There are partitions or internal doors which may serve to bar access between segregated portions of the dwelling, including but not limited to bedrooms;
(10) 
There exists a separate written or oral lease or short-term rental arrangement, payment, or agreement for portions of the dwelling among the owner and/or occupants and/or persons in possession thereof;
(11) 
Any occupant or person in possession thereof does not have unimpeded and/or lawful access to all parts of the dwelling unit;
(12) 
Two or more kitchens, each containing one or more of the following: a range, oven, hotplate, microwave, or other similar device customarily used for cooking or preparation of food and/or a refrigerator;
(13) 
There are bedrooms that are separately locked.
B. 
If any two or more of the features set forth in Subsection A(1) through (13) directly above, are found to exist on the premises by the enforcement authority or Township personnel engaged in the enforcement of the provisions of this chapter, a verified statement will be requested from the owner of the dwelling unit by the enforcement authority that the dwelling unit is in compliance with all of the provisions of Lawrence Township ordinances, the laws and sanitary and housing regulations of Van Buren County, and the laws of the State of Michigan. If the owner fails to submit such verified statement, in writing, to the enforcement authority within 10 days of such request, such shall be deemed a violation of this chapter.
A. 
It shall be presumed that an owner of a short-term rental property does not reside within said short-term rental property if any of the following sets forth an address other than that of the short-term rental property:
(1) 
Voter registration;
(2) 
Motor vehicle registration;
(3) 
Driver's license; or
(4) 
Any other document filed with a public or private entity.
B. 
The foregoing may be rebutted by evidence presented to the enforcement authority or any court of competent jurisdiction.
A. 
It shall be presumed that a short-term rental property is over-occupied if the number of occupants exceeds the number of occupants allowed by the Michigan Residential Code.
B. 
The foregoing may be rebutted by evidence presented to the enforcement authority or any court of competent jurisdiction.
A. 
The current edition of the International Property Maintenance Code shall be the document that determines what conditions or situations shall be addressed and considered violations of the required maintenance and upkeep of all short-term rental units. An inspection of each short-term rental property or short-term rental unit may be performed by the Township at the discretion of the Township. Prior to the inspection, the owner(s)/manager(s) will be given a minimum notice of five business days. Notice may be delivered by email, postal service, or facsimile.
B. 
Each individual short-term rental property or unit shall have:
(1) 
A minimum of one properly charged and maintained type ABC residential fire extinguisher, minimum capacity of four pounds or greater; and
(2) 
A working smoke alarm:
(a) 
On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms;
(b) 
In each room used for sleeping purposes; and
(c) 
In each story within a dwelling unit, including basements.
(3) 
A working carbon monoxide detector in each story within a dwelling unit, including basements. All carbon monoxide detector shall be of the type described in MCL 125.1504f.
(4) 
A safety inspection annually by the Township Fire Chief, annually for license renewal, and a safety self-monitor checklist, approved by the Township, between renters to be reviewed at the annual license renewal.
(5) 
A renter emergency information guide.
C. 
A basement or below grade level area shall not be used for sleeping purposes unless it has an approved emergency egress inspected and approved by the Building Official.
A. 
Any owner, manager or agent who violates any of the provisions of this chapter is responsible for a municipal civil infraction. The Township Board shall establish municipal civil infraction fines, which are subject to change from time to time, on a fee schedule by resolution.
B. 
Repeat offenses shall be as follows:
(1) 
Second offense: Cancellation of the short-term rental license for the remainder of the license period.
(2) 
Third offense: Permanent revocation of the short-term rental license.
C. 
A repeat offense means a second (or any subsequent) violation of this chapter i) committed by a person within any six-month period and ii) for which the person admits responsibility or is determined to be responsible.
D. 
Each separate violation of this chapter constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense.
E. 
In addition, the Township specifically reserves the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to compel compliance with this ordinance.
All ordinances or parts of ordinances in conflict with this ordinance are, to the extent of such conflict, hereby repealed.
This ordinance was enacted on the 9th day of February 2023, by the Township Board of Lawrence Township, Van Buren County, Michigan, and ordered to take effect on the 9th day of April, 2023, the same being more than 30 days after the date of publication.