By DEBRA HAIGHT
The short term rental issue appears to be coming to a head both here in Berrien County and in Lansing. Legislation that would limit local control over short term rentals has passed the State House and is currently pending in the State Senate.
The bill was approved in late October on a 55-48 vote. The legislation if it becomes law will prohibit municipalities around the state from banning short term rentals. Some last minute changes to the bill did put some limits on short term rentals in a community by limiting the number one owner can operate and what percentage they can be of residential units.
78th District State Rep. Brad Paquette, R-Niles, has been on both sides of the issue over the last year. He started out as a co-sponsor to the House bill but ended up opposing it after receiving feedback from local officials and residents.
Paquette spoke via Zoom with Berrien Township Board members in October. He acknowledged that he had initially supported the legislation but withdrew that support after pushback from local communities.
He said he co-sponsored the bill at the start to have more say in how the legislation ended up and because he was opposed to banning short term rentals through zoning restrictions.
Although the bill passed the State House later in October, he thought then that he didn’t see the legislation moving forward. “Right now the bill is stymied, I don’t think it’s going to go anywhere,” he said. “There were some rumors that the bill was going to move forward but I talked to the bill’s sponsor and he said it’s not going to move.”
He said the proposed legislation would “strip local control fairly completely.” “What I didn’t fully understand was that special use rules and enforcement couldn’t be applied if the legislation passed,” he said. “Some of us tried to add amendments but the people pushing it were not willing to give.”
“I’ve tried to bring about balance,” he added. “Short term rentals are a big part of the future with people traveling to different places. But we also have to listen to neighbors who are concerned about people coming in changing the nature of their neighborhood. Let me know if there’s anything I can chip in to keep the dialogue open.”
Berrien Township board members voted in October to put a moratorium in place for short term rentals after speaking with both Paquette and Township Attorney Sara Senica. That moratorium was set to run until next June and give the township planning commission time to draft a new short term rental ordinance.
Berrien Township board members ended up reversing themselves a month later in November and rescinded the short term rentals moratorium. They cited not only the legislation passing the State House but also concerns raised by residents who are already operating short term rentals.
Berrien Township isn’t the only local entity questioning the proposed state legislation. At least three coastal communities in Berrien County have acted on the issue. In addition, Berrien County officials are keeping a close eye on the debate in Lansing.
The issue has front and center in Royalton Township as well as the cities of New Buffalo and St. Joseph. In Royalton Township, officials noted that short term rentals are not allowed in single family residential districts.
In New Buffalo, the City Council approved a zoning ordinance amendment in mid-November that prohibits short term rentals in several residential districts. Officials had been debating the issue for a couple of years.
St. Joseph City Commission members authorized city staff to send a letter to state representatives to reiterate their continued opposition to any legislation that would take away local control. State Rep. Pauline Wendzel represents the northern half of the county including St. Joseph and voted in favor of the legislation.
The issue also came up at the county board’s Nov. 18 meeting. County Administrator Brian Dissette reported on sentiments on the advancement of the proposed legislation that were expressed at that week’s County Planning Commission meeting.
County commissioners earlier this year authorized Dissette to contact Paquette, Wendzel and State Sen. Kim LaSata to voice the county’s opposition to the legislation.
“Back in June, the board briefly discussed short term rentals and there was movement in the House and we sent letters to our representatives and senator,” Dissette reminded commissioners. “There has been renewed movement on the House bill and the county planning commission has expressed opposition.”
“As they noted, there are fewer local controls on these properties and it could pave the way for more short term rentals,” he said. “State Sen. LaSata’s office is keenly aware of the opposition here and they say the bill doesn’t have a ton of momentum to make it through the senate.”
“I could dust off that (June) letter again and resend it,” he told commissioners. “I’ve been in touch with her office and have told them that there is still opposition here and that the county planning commission is opposed to it.”
Commissioners had varying views on whether Dissette should resend the June letter. Commissioner Jon Hinkelman said he could see both sides of the issues with the need for tourism business and local controls and didn’t see a need to resend the letter.
Others suggested that individual commissioners are free to let their voices be heard on the issue.
County Board Chairman Mac Elliott provided some background on the issue including his experiences defending property owners in Cass County who fought against short term rentals.
“There needs to be balance,” he said. “There’s a reason we have local zoning because they’re right there getting local input so they can tailor things accordingly. I’d recommend we keep a close eye on it.”
He also reminded everyone of the role of advisory boards like the planning commission. “The work of the county planning commission is appreciated but they’re advisory and they should recommend something to us so we can send something ourselves or authorize them to send a letter out on their letterhead,” he said.
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