Park Township short-term rental owners seek grandfathered properties
Government has allowed short-term rentals despite a 1974 law banning them
More than 40 Park Township residents testified at a special Zoning Board of Appeals hearing on March 31 to urge members to grandfather in properties used as short-term rentals.
The nonprofit group, Park Township Neighbors, which formed in response to the Ottawa County township’s ban on short-term rentals, led the charge.
The group is asking the board to interpret the township’s zoning ordinance in a way that would grant “non-conforming use” status to homeowners. Non-conforming use means those who owned short-term rentals before the township started enforcing its ordinance can continue with the practice.
The nonprofit asserted that Park Township officials had historically allowed and even encouraged short-term rentals for decades, only reversing that stance during the COVID pandemic.
Michigan Capitol Confidential previously reported that in November 2022, the township board voted to enforce the 1974 law.
During the nearly four-hour hearing, residents delivered personal testimonies and presented legal arguments backed by sworn depositions, emails and township communications.
Jeremy Allen is the president of the Park Township Neighbors. He told CapCon in an email that Kyle Konwinski, the organization’s lawyer, pointed out at the hearing an inconsistency in the township’s argument that a 1974 zoning law has always prevented short-term rentals.
He asked if the 1974 law always banned short-term rentals, then why did the township vote in March 2024 to change the zoning ordinance to say the rentals are not allowed.
Allen argued that if the 1974 ordinance prevents short-term rentals, the township would not have changed the ordinance.
Park Township officials did not respond to an email seeking comment.
In an email to CapCon, Allen mentioned page 8 of the township’s request for a motion to dismiss the lawsuit. The request reads in part:
“It has long been common throughout West Michigan (particularly on lakes) for the past century or so for families to rent out their cottages or cabins for a few weeks each year to pay the property taxes.”
The zoning board did not decide at the meeting to give it more time to look over the evidence presented, according to Allen. The next meeting will be April 21.
The nonprofit sued the municipality after it voted in November 2022 to begin enforcing, for the first time, a zoning law on the books since 1974.
Some of the homeowners involved in the lawsuit did their due diligence to ensure if they purchased the home, they could rent it out.
Screenshots of numerous emails included in the evidence residents presented to the board show emails from homebuyers asking the township if short-term rentals are allowed.
The response from the township officials at the time was that there were no regulations preventing it.
A judge issued an injunction to prevent the township from implementing the ordinance to allow the case to work its way through the courts.
The township decided to vote, in March 2024, to explicitly disallow short-term rentals.
As a result, the judge dismissed the case, citing a lack of jurisdiction.
Michigan Capitol Confidential is the news source produced by the Mackinac Center for Public Policy. Michigan Capitol Confidential reports with a free-market news perspective.