Planners tab zoning map and ordinance revisions after broad opposition to short-term rental ban

Harrison Township officials opened a public hearing Dec. 18 on a package of zoning map and ordinance amendments that would recategorize many R-1 single-family lots to a new Recreation and Open Space (ROS) district, adjust RM-1/RM-2 designations, revise definitions for contemporary residential uses, add a residential clustering option, revise planned unit development standards, and prohibit short-term rentals in residential districts. The commission tabled the item for further work and asked the planner to verify parcel rezoning and to remove the short-term rental issue from the current amendment package.

Adam Young, Township Planner, described the map changes and a broad set of ordinance changes: new and revised definitions for residential uses and care facilities, establishment of a residential clustering option, amendments to PUD rules, a proposal to prohibit short-term rentals in residential districts, new site development requirements for adult foster care and group day care homes, a reduced approval timeframe for temporary uses, adjustments to off-street parking formulas, and proposed changes to fence, wall and hedgerow requirements.

Vice Chair Ken Mulder summarized written comments received before the meeting that objected to particular rezoning assignments (for example, Blair and Katie Still asked that their property at 31100 South River Road be considered for R1-D instead of ROS) and that opposed a short-term rental ban. During the public hearing numerous residents and property owners voiced opposition to a blanket prohibition on short-term rentals, arguing short-term rentals provide needed lodging, supplement household income, support local tourism and commerce, and that reasonable regulation would address problems without a ban. Several speakers requested a grace period or delayed enforcement (one requested a one-year delay so existing bookings could be honored), and some owners asked for an avenue to obtain licensing and to submit to compliance reviews.

Speakers who addressed the short-term rental proposal included homeowners and property owners such as James Rusnack (35500 Jeffers Court), Paul Olivieri (30531 Manse), John Spatafora, Paul Thoen and representatives of Casa Grande Apartments (Lauren and Larry Bidigare). A retired fire chief, Brian Marquardt, urged scrutiny of adult foster care homes, stating from his experience that such operations can function as businesses rather than typical residential care.

Several commenters also opposed proposed restrictions on hedgerows and fence language for waterfront lots; Nancy Byers asked that the Township specify which properties could qualify as short-term rentals and suggested requiring a bond or use tax to cover emergency service costs associated with rentals. Other written comments and public testimony urged less prescriptive language and more study of impacts.

After hearing testimony, Planning Commission member Danielle Devlin moved to table the zoning amendments to a subsequent meeting, to ask staff to remove the short-term rental prohibition from the current amendments, and to verify that the parcels proposed for rezoning were correctly identified. The motion carried unanimously. The planner will return verified parcel data and a revised ordinance package for future consideration.