Shifting Short Term Rental Rules In Elmwood Township?
Elmwood Township residents seeking clarity on the future of short term rentals (STRs) in the township may wish to participate remotely in a special meeting of the township board this evening, March 1, at 6pm.
On the agenda: introduction and discussion of a just-released zoning ordinance amendment regulating STRs as well as an amended STR licensing ordinance.
Township Zoning Administrator Sara Kopriva shared the latest proposal, available on the township’s website, which would now allow non-owner occupied STRs to operate in all zoning districts in Elmwood Township, including, for the first time, in the R-1 residential district.
Kopriva states that in late January 2021, the township board directed her “to create language that would allow existing short term rentals to continue as lawful non-conforming uses and not allow any new short term rentals.”
Thus, she says, the purpose of the proposed amendment allowing short term rentals in all zoning districts is “to allow anyone who is currently operating a short term rental to be able to continue, and, to make the use non-conforming, it must first be allowed in the zoning ordinance. In the future the township could adopt a zoning amendment that would remove the use from all districts.”
As for not allowing any new short term rentals? The licensing ordinance was also amended to add eligibility requirements. As proposed, an owner would need to have rented a dwelling sometime in the previous three years and provide proof to the township. Owners must obtain a license “in this first round of licenses and maintain it annually to be able to continue to operate the short term rental.”
If use discontinues, if the property transfers, or the license is revoked, the owner is not eligible to obtain a license. Kopriva says this is “essentially setting the cap on the number of licenses and, as proposed, would gradually phase short term rentals out of the township.”
And at a meeting of the Elmwood Township Zoning Board of Appeals (ZBA) on March 20, 2019, the ZBA determined that non-owner occupied STRs are not permitted under Elmwood’s existing ordinance.
Jack Kelly, Elmwood Township resident, former Elmwood Township supervisor (from 2008 to 2016) and treasurer of a group called Save Our Neighborhoods in Elmwood (SONIE) tells the Leelanau Ticker, “We are not against non-owner occupied STRs. We are, however, ardent supporters for doing things the right way and for insisting upon township officials and STR owners upholding and obeying the law. We are also extremely concerned, as are many other township residents, about commercialization of Elmwood’s residential neighborhoods.”
Kelly sent correspondence to members of the township planning commission and local media late last week, calling the non-owner occupied STR ordinance amendment language a “watch me pull a rabbit out of my hat” proposal.
He stated, “This last-minute, never-discussed prior to today township board proposal totally disregards the township ZBA March 20, 2019 illegal use determination; it totally disregards 20 separate meetings and 14 months of study and consideration by our township planning commission at the township board’s behest; it begs the question as to why the township board even bothered to ask our township planning commission to look into whether such STRs “fit in with the township master plan and township zoning ordinance.”
He added, “it essentially tells township neighborhood residents to “...recognize these types of STRs are already in existence everywhere, just mind your peace, pay no attention to what our township master plan and zoning ordinance says, and just learn to live with the situation as best you can.”
At tonight’s meeting, the Elmwood Township board members will schedule the public hearings on the STR zoning ordinance amendment and STR licensing ordinance. Also on the agenda is authorizing the posting of a job opening for the township planner/zoning administrator.
(The public can watch the meeting live on the Elmwood Township YouTube channel, following a link on the township's website and participate in public comment by calling 312-626-6799. The webinar ID is 898 1077 6601.)
Photo: Vacation rental by Jameson Draper