Clawson Planning Commission moves STR ordinance to City Council; sets Oct. 8 public hearing

The Clawson Planning Commission on Sept. 10 voted to advance a draft short‑term rental (STR) zoning amendment and an accompanying fact‑finding document to City Council and set a public hearing for Oct. 8.

Planning Commissioner Miss Redmond moved the commission adopt findings of fact and forward proposed zoning language that would (as drafted) limit the total number of licensed short‑term rental licenses citywide to 10 and include BRD‑2, B‑3 and I‑1 among the zoning districts where STRs may be permitted; the motion received a second and passed on roll call. Miss Redmond said the fact‑finding was intended to explain the commission’s legal rationale and to document concerns that, if left unaddressed, “short term rentals could undermine the character and stability of neighborhoods” by reducing long‑term residency, school enrollment and housing availability.

Joe, the planner leading the draft, told the commission the cap is intended to be a fixed citywide ceiling: “It’s always gonna be 10. It’s not like you add 10 more every year,” he said, clarifying that renewals would count against the cap.

Commissioners spent substantial time discussing practical and legal details: staff reported eight licensed units already and identified roughly six additional listings advertised online that may not be licensed. Staff explained the general ordinance currently exempts units registered as a principal residence and requires licensing for dwellings used more than 14 calendar days per year; licenses must be renewed annually and a nonconforming use would lose that status if the use ceases for six months or more, though staff said they would confirm legal timing and enforcement details with the city attorney.

A proposal to require license holders or on‑call local agents to live within a 15‑mile radius drew pushback from commissioners, who raised potential disparate‑treatment and property‑rights concerns and asked staff to seek the city attorney’s review before including a residency radius in ordinance language.

Miss Redmond also proposed attaching a list of court opinions and deed‑restriction authorities to the fact‑finding. Commissioners requested full citations and copies of the opinions so members could confirm their relevance before the packet is transmitted to Council.

The commission asked staff to refine the draft fact‑finding and ordinance text and scheduled the Planning Commission public hearing for Oct. 8, where the ordinance language, findings and any final edits will be presented for public comment prior to transmittal to City Council.

Actions and next steps: The Commission approved (by recorded roll call) both the fact‑finding motion and the motion to set a public hearing on Oct. 8 and to amend the zoning language to include I‑1 and a 10‑license cap. Staff will prepare a revised ordinance and the fact‑finding document, circulate full case citations and present the materials at the next meeting for final review before the public hearing.

Quotes: “Planning commission has determined that if current trends were allowed to continue, short term rentals could undermine the character and stability of neighborhoods,” said Miss Redmond, reading portions of her proposed findings. Joe, the planner, said: “It’s always gonna be 10. It’s not like you add 10 more every year.”

What remains unsettled: How many currently advertised units will qualify as principal‑residence exemptions; the precise legal effect and timing for loss of nonconforming use; whether a residency or distance requirement for owners/managers is legally defensible; and final language for the fact‑finding and ordinance, which will be posted before the Oct. 8 public hearing.

Ending: The public hearing is scheduled for Oct. 8, 2024; staff will circulate a revised draft packet and the list of case citations before that meeting.