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Michiana Shores Resolution 2022-03 – STR Moratorium

Short-Term Rental Permit Moratorium Resolution

 WHEREAS, the Town Council of the Town of Michiana Shores maintains  Ordinances and Resolutions in its Town Municipal Code (hereinafter referred to as the “Code”); and, 

WHEREAS, the Michiana Shores Plan Commission approved and adopted  Ordinance 2020-02 (“Short-Term Rental Permit Safety & Security Program”) on  April 7, 2020 and by operation of I.C. 36-4-607(e)(4)(A) became law when a report of Plan Commission approval was given to the Town Council on April 14, 2020;  and, 

WHEREAS, the Town of Michiana Shores, acting within all guidelines of I.C.  36-1-24 (“Short-Term Rentals”) and Ordinance 2020-02, require Zoning Variance  approval by Board of Zoning Appeals per defined Town process to obtain a permit for all short-term rentals of secondary residences;  

WHEREAS, the Short-Term Rental (“STR”) Safety & Security Program was  established by the Town of Michiana Shores to protect the public health, safety,  and welfare of all Michiana Shores residents and guests by ensuring short-term  rental units are safe for guests, are of a proper size relative to the number of  overnight occupants, and that all guests are aware of the applicable Michiana  Shores ordinances; and, 

WHEREAS, the basis of the Ordinance 2020-02 is to create a consistent approach for allowing STRs in the Town while ensuring a standard level of safety and security for our residents and visitors.  

WHEREAS, in the last two years it has become clear that the residents of Michiana Shores are generally concerned over the process and protections the Ordinance provides. As such, the Town Council has determined that a temporary moratorium on new applications for Short-Term Rentals will be established so that the Town Council can evaluate how to best address these concerns.  

NOW THEREFORE IT IS HEREBY ORDAINED AND ENACTED by the Town Council of the Town of Michiana Shores, La Porte County, Indiana as follows: 

A. Beginning on October 9, 2022 and continuing for a period of 6 months (180 days), the Town shall not accept any new applications to register Short-Term Rental units. While there is every intention of completing this work in the specified time frame, if necessary, this moratorium may be extended to allow for a full and complete review and resulting action. 

B. This resolution has no effect on the processing of registration applications that  have already been received as of the date of this resolution. For clarification this  would be any application that has been submitted with all correct paperwork required to apply to the Board of Zoning Appeals for a Special Use and has paid the required fee to the Town Clerk. 

REPEAL PROVISION: All prior ordinances or resolutions or parts thereof inconsistent with any of the provisions of this ordinance are hereby repealed. 

SEVERABILITY CLAUSE: If any section, clause, provision, or portion of this resolution is deemed to be invalid or unconstitutional by a Court of competent  jurisdiction, such provision shall not affect any other section, clause, provision, or  portion of this ordinance. 

PASSED AND ADOPTED by the Town Council of the Town of Michiana  Shores, County of La Porte, Indiana, this 13th day of September, 2022.