Bill Text: MI HB4722 | 2021-2022 | 101st Legislature | Engrossed


Bill Title: Land use: zoning and growth management; Michigan zoning enabling act; amend to include short-term rentals. Amends 2006 PA 110 (MCL 125.3101 - 125.3702) by adding sec. 206b.

Spectrum: Strong Partisan Bill (Republican 12-1)

Status: (Engrossed) 2021-10-27 - Referred To Committee On Regulatory Reform [HB4722 Detail]

Download: Michigan-2021-HB4722-Engrossed.html

 

 

Substitute For

HOUSE BILL NO. 4722

A bill to amend 2006 PA 110, entitled

"Michigan zoning enabling act,"

(MCL 125.3101 to 125.3702) by adding section 206b.

the people of the state of michigan enact:

Sec. 206b. (1) For the purposes of zoning, all of the following apply to the rental of a dwelling, including, but not limited to, short-term rental:

(a) It is a residential use of property and a permitted use in all residential zones.

(b) It is not subject to a special use or conditional use permit or procedure different from those required for other dwellings in the same zone.

(c) It is not a commercial use of property.

(2) A local unit of government shall not adopt or enforce zoning ordinance provisions that have the effect of prohibiting short-term rentals.

(3) This section does not prohibit a zoning ordinance provision that is applied on a consistent basis to rental and owner-occupied residences and that regulates any of the following:

(a) Noise.

(b) Advertising.

(c) Traffic.

(d) Any other condition that may create a nuisance.

(4) This section does not prohibit a local unit of government from doing either of the following:

(a) Inspecting a residence for compliance with or enforcement of an ordinance of the local unit of government that meets all of the following requirements:

(i) Is for the protection of public health and safety.

(ii) Is not a zoning ordinance.

(iii) Does not have the effect of prohibiting short-term rentals.

(b) Collecting taxes otherwise authorized by law.

(5) Notwithstanding any other provision of this section, a local unit of government may limit the number of units under common ownership used for short-term rental in the local unit. The limit set by the local unit of government shall not be fewer than 2 units.

(6) Notwithstanding any other provision of this section, a local unit of government may limit the total number of units used for short-term rental in the local unit. The limit shall not be less than 30% of the number of existing residential units in the local unit of government and shall apply without regard to the location of dwelling units.

(7) Notwithstanding any other provision of this section, a local unit of government that, as of July 11, 2019, had zoning ordinance provisions that regulate the rental of dwellings by overlay district without distinction between short-term rental and rental for longer terms, and that, as of July 11, 2019, had a rental overlay district or districts that were initiated by petition, may continue to enforce those zoning ordinance provisions as they existed on that date. Such a local unit of government may revise existing overlay district boundaries or create new overlay districts, but only under the terms of the zoning ordinance provisions as they existed on July 11, 2019.

(8) As used in this section:

(a) "Common ownership" means ownership in whole or in part by the same individual, individuals, or legal entity.

(b) "Short-term rental" means the rental of a single-family residence, a dwelling unit in a 1-to-4–family house, or any unit or group of units in a condominium, for terms of not more than 30 consecutive days.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

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