Voters in 7 Michigan cities opt to keep marijuana businesses out. (Alan v. Wayne County, 388 Mich 210, 245; 200 NW2d 628 (1972). . The Michigan Freedom of Information Act (FOIA) provides all persons (except persons incarcerated in correctional facilities) with access to public records of public bodies. For those Townships not currently doing so, this case demonstrates that Townships may validly exercise such authority to collect escrow fees. The database is frequently updated as more data is collected. Whats the difference between their role and that of a planning commission or zoning board of appeals? However, it remains difficult to query or gather general local government zoning approaches to other topics of interest, such as: Michigan State University Extension land use educators try to stay knowledgeable of effective county and municipal planning and zoning approaches and share them across Michigan. More recently in 2017, the Michigan Court of Appeals, in two separate opinions, again upheld restrictions banning short-term rentals. Scan the QR Code below with your mobile device to view the Zoning Map or click the following link: Zoning Maps. Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. PHONE: 517.381.0100 This communication highlights specific areas of law and is not legal advice. 4151 Okemos Road Numbers must be NO LESS THAN 2 w x 3 h in a color which contrasts with their background. It was not a good night for marijuana businesses in Michigan on Tuesday with voters in three out of four metro Detroit communities . - zoning. Berkley Land Use. The Court of Appeals recently addressed one of these cases in which long-term residents of lakefront vacation property sued a township for amending its zoning ordinance to permit transient rentals on the lakefront. Why live in a TINY HOME? Currently, the main towns and cities in Michigan that allow tiny houses are: Ann Arbor Briley Township Dearborn Grand Rapids Kalamazoo Lansing Traverse City At the moment, Detroit When there is a staffed county planning department, those plans are often retained for reference. A Township that adopts such regulation is not required to charge such escrow fees, but at least it provides the ability to do so with zoning applications. Zoning Ordinance. InfoMI.com has information for 1,254 townships. To contact an expert in your area, visit https://extension.msu.edu/experts, or call 888-MSUE4MI (888-678-3464). Bierman v Taymouth Twp, Michigan Court of Appeals, (1985). Site plans, similar to other zoning applications to the Township, require the payment of an application fee. This is called a prior nonconforming use. A prior nonconforming use is a vested right in the use of particular property that does not conform to zoning restrictions, but is protected because it lawfully existed before the zoning regulations effective date. Lyon Charter Twp v Petty, 317 Mich App 482, 489; 896 NW2d 477 (2016). The AV application includes an option to join the permanent AV ballot list Board Authorities, Responsibilities & Roles, Health Coverage: Municipal Benefit Services, Guidance issued on Proposal 2022-2 implementation, Read full Proposal 2022-2 Protect the Vote language. To access, login thenclick MY WEBCASTS, then click the Premium Package link to view this webcast, or to access other webcasts included in your package.**. . On October 25, 2018, the Michigan Court of Appeals issued an unpublished opinion in the matter of Concerned Property Owners of Garfield Township, Inc v Charter Township of Garfield, unpublished per curiam opinion of the Court of Appeals, issued October 25, 2018 (Docket No. Townships do not have to adopt ordinances that allow Apex to develop wind turbines based on its business model. Freedom of Information Act Information. To access, login thenclick MY WEBCASTS, then click the Premium Package link to view this webcast, or to access other webcasts included in your package. The process of adopting a master plan requires the county planning commission receive and review draft plans, and requires the county planning commission receive the final adopted master plan. As a result, the residents could not maintain a suit as their property had not changed in use due to the amendment. - scope and title; division 2. The interim ordinances were replaced over a three-year period with adoption of a permanent ordinances. Information about the GeoWebFace application. Turning first to the building inspectors liability, the Court found that the damage to the home was caused by the builders actions, not the building inspector. The statutes limit county ordinance making authority from four categories: In the end, Michigan local governments, including counties, have only the powers conferred upon them by the Michigan Constitution or state statutes. This resource is helpful for exploring which local governments have zoning and the types of regulations that exist around the state. Therefore, the Court of Appeals ruled that the prior use of the properties by the homeowners under Ordinance 10 was prohibited. This article was published by Michigan State University Extension. Get the answers to these questions and more in this one-hour webinar, led by MTA legal counsel from Bauckham, Sparks, Thall, Seeber & Kaufman PC. For a zoning determination please contact the Cheboygan County Planning and Zoning Department at (231) 627-8489. Otsego County Zoning Ordinance-Amended July 12, 2022 (PDF) County Policies. How to Establish a Prescriptive Easement in Michigan, United States Court of Appeals Resolves Dispute Concerning Constitutionality of Tree Ordinance. Monday: 9:00 AM . Whether strict interpretation would result in practical difficulties. . Translate. However, researchers at the University of Michigan Graham Sustainability Institute prepared a database of local zoning ordinances valid as of April 1, 2019. In this months E-Letter we discuss whether a township can enforce its ordinances without involving a court. We comply with the Federal Trade Commission 1998 Childrens Online Privacy Protection Act (COPPA). Please explore and share. Copy and paste this code into your website. Flood Plain Map Information. The judge agreed, setting aside the county ordinance. The trial court issued an order prohibiting the homeowners from renting their homes for short-term intervals. . The lakefront residents contended that they had a vested right in not allowing transient rentals near their property based on the 50-year history in which transient rentals were prohibited. There is no state oversight of planning and zoning in Michigan other than through a lawsuit in Michigans courts. 1625838 [2] Website. Ewing and Turin Townships are located in Michigans central Upper Peninsula in the South East area of Marquette County. The township no longer desired to rely on its own zoning authority. Great Lakes Tiny Homes making headway in the news! Waterford, MI 48329. Osceola County, MI. Local wireless communication zoning further restricted, Metro Detroit public transit authority will be zoning exempt. GNIS feature ID. Bagley Township ORV Map (PDF) Bagley Township ORV Map 2 (PDF) Otsego Lake Township ORV Map (PDF) The Court of Appeals relied on the ordinances definition of single-family dwelling as a dwelling unit designed for exclusive occupancy by a single family and the definition of dwelling unit as a building or portion thereof designed exclusively for residential occupancy by one (1) family. The ordinance also defined family to include relationships of a non-transient domestic character, but to exclude those whose domestic relationship [was] of a transitory or seasonable nature or for an anticipated limited duration of a school term or other similar determinable period., The Court of Appeals relied on the above definitions in reaching its decision that short-term rentals were prohibited under the old ordinance. The interim ordinances were replaced over a three-year period with adoption of a permanent ordinances. state through the new Michigan Zoning Enabling Act, (PA 110 of 2006). Potential Tiny House Friendly Areas- Michigans Zoning Free Townships. In the last year, the Michigan Court of Appeals has already issued multiple decisions that impact planning and zoning within townships. In 2015, the township passed a new ordinance called "Ordinance 68", which replaced Ordinance 10. Updated from an original article written by Kurt H. Schindler. Whereas townships, villages, and cities are considered municipalities, in many respects a county is not. In northern parts of Michigan there is often the suggestion that it makes more sense for the county to adopt an ordinance because it has the police department (sheriff), legal team (prosecutor), and other resources to uniformly enforce ordinances for the entire county. However, this is not necessarily the case, and there may be counties and municipalities that have adopted master plans even though they do not have zoning. 342831). Please explore and share. Ann Arbor Charter Township is a charter township of Washtenaw County in the U.S. state of Michigan. Sometimes errors do occur that have a significant impact on the habitability of a home. The Michigan Planning Enabling Act requires municipalities to provide a current copy of adopted zoning (and to keep that copy up-to-date) to the county planning department, if the county planning commission requests MCL 125.3869. The Township administrator declined, so the neighbor went to the zoning board of appeals to request an interpretation of the zoning ordinance. Beginning in 2014, the Township sent letters to many of these homeowners informing them that short-term renting of their homes was in violation of the townships zoning ordinance. New Jersey has no statutory provision for zoning at the county level. Alert Center. Those decisions must be rational and reasonable. This action by the board triggered the residents of the township to file suit, arguing a zoning ordinance could not be repealed by resolution. Our lawyers have more than 150 years of experience in township law and have represented more than 150 townships across the state of Michigan. Woodhaven City, Wayne County. Birmingham Land Use. . Which communities have natural shoreline standards for surface water setbacks? In Garfield, a number of homeowners frequently rented out their homes for short-term intervals, usually for about one week in duration. Sign . Check out the Environmental Economics & Management B.S. Phone: 989-595-2752. Lack of general police power. 2 . The Court of Appeals also discussed the difference between a resolution and an ordinance in the case above, finding that an ordinance prescribes a permanent rule for the conduct of government, and a resolution is only of special or temporary character. The case in question dealt with a property owner who kept a number of animals on his residential property, in violation of the township zoning ordinance. It was for those reasons that the Court found the rezoning denial was irrational. Wyandotte City, Wayne County. Below are land use maps for Oakland County and its 62 cities, villages and townships. This information is for educational purposes only. The new ordinances started in 2016 in Almer Township in Tuscola County, spread to Casnovia Township in Muskegon County in 2019 and then to Pierson Township in Montcalm County in June 2021. Thus, because appellants prior rentals violated Ordinance 10, they do not qualify as a prior nonconforming use., The Court of Appeals also based its decision that short-term rentals were prohibited under the old ordinance by its use of the term residential occupancy. Although residential occupancy was not defined in the ordinance, the Court cited the Michigan Supreme Court case of OConnor v Resort Custom Builder, Inc, 459 Mich 335, 345-346; 591 NW2d 216 (1999) which excluded uses of a transitory nature from the definition of a residence. The OConnor case defined residence as a place where someone lives, and has a permanent presence, if you will, as a resident, whether they are physically there or not.. Zoning Map. For most Townships, the enactment of the Michigan Zoning Enabling Act limited the ability to provide use variances. - zoning board of appeals; division 8. One ordinance was thrown out by a judge and the other was repealed before it could also be thrown out as well. B. In September 2013, the Garfield Township Zoning Administrator expressed an opinion that the zoning ordinance then in effect, called Ordinance 10, permitted short-term rentals. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. When a new home is constructed, the owners do not expect to experience immediate problems. The Michigan Court of Appeals has recently affirmed this right to collect escrow fees (although not based on the plain language of MCL 125.3406). Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. PHONE: 517.381.0100 Box 472 Standish, MI 48658 989-846-6442 Supervisor Robert North Meets 2nd Monday every month @ 6 pm; Turner Township 110 Park St. Twining, MI 48766 989-867-4045 Lorencz v Brookfield Twp, Michigan Court of Appeals (April 28, 2015) (unpublished). The most obvious difference between an ordinance and a resolution is the process for adoption. Prior to joining the firm, Seth worked as an assistant prosecuting attorney for 7 years in the Oakland County and Kalamazoo County Prosecutors office prosecuting cases from simple retail fraud to criminal sexual conduct and assault with intent to murder. A planning consulting firm will have the collective knowledge of plans and zoning from their clients. PHONE: 517.381.0100 MILLEN TOWNSHIP Fraternal Order of Eagles EGLE's interactive calendar is designed to provide timely information on decisions before the Director, proposed settlements of contested cases, administrative rules promulgation, public hearings, meetings and comment deadlines, and environmental conferences, workshops and training programs. The Michigan Zoning Database is a helpful resource for exploring various standards and regulatory approaches related to small-scale and utility-scale wind and solar energy development. Zoning Board of Appeals; 911 Advisory Board; . Anticipating this action, County Staff assisted townships in adopting interim ordinances. There's still time to register for virtual Board of Review training! Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. In light of the current position taken by Michigan courts, condominium and homeowners associations should not hesitate to take legal action to enforce their governing documents in the event a homeowner is violating restrictions by renting out their home for short-term intervals. This field is for validation purposes and should be left unchanged. Cemetery Reservation and Burial Fees Effective 2/1/2022. Chase Township Hall 8264 E US 10 Chase, MI 49623 (231) 832-3018 Copyright 2012 by Lake County Terms Of Use Privacy Statement The Court further explained that the residents could not show that their property was actually affected by the change because none of the residents property had been rezoned. Yes. Quick Links. The Michigan Planning and Enabling Act seeks to have municipalities that have exercised their zoning powers to conduct a review of thei At Fahey Schultz Burzych Rhodes PLC, weve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. Web: Visit Our Website Office Hours. In a decision issued by the Michigan Court of Appeals, the Court determined that merely purchasing a property with knowledge that a zoning restriction created difficulties for using the property would not disqualify the new owner from obtaining a variance. To offset these costs, some Townships also include escrow provisions in their zoning ordinance, which allow the recovery of expenses for Township consultants to review the applications. Additional copies available at mi.gov/foia-ag . In the case above, the townships adoption of a resolution was not the same process as that which adopted the original zoning ordinance, and was therefore not of equal dignity. Judge Murphy relied on the ordinances definition of family as persons who are domiciled together . Other examples involved counties crafting ordinances involving junk and blight. City of Detroit v City of Detroit Bd of Zoning Appeals, Michigan Court of Appeals (2019). PHONE: 517.381.0100 It even became a model for use in the state. For more information, visit https://extension.msu.edu. No. In contrast, a resolution can be adopted at a public meeting, even if it is the same meeting in which the resolution is introduced, and no public hearing may be required. Northwest Michigan has long been defined by its extensive shorelines, small, quaint villages and cities, thick forests, clean water, and fertile farmland and orchards. The decisions that result from such litigation may require townships to consider tweaking or changing current practices. Stay up to date with all the latest legal news and resources by subscribing to our mailing list. There is no state oversight of planning and zoning in Michigan other than through a lawsuit in Michigan's courts. In Part II, we leave the best for last, including how to repeal zoning ordinances, whether building inspectors are liable for faulty construction, and the Court of Appeals most recent review of the Right to Farm Act. First, townships can avoid an exclusionary zoning claim by adopting wind energy ordinances that allow some wind turbines on a limited basis. Official website. Wed love to learn how we can help you, too. The GAAMPs are extensive, covering 7 farming topics over several hundred pages. 6665, November 15, 1990; No. Michigan Zoning Enabling Act (MZEA) enables local units of government to establish a fee schedule for reasonable administrative costs, but it does not clearly address require escrow fees. Whether the alleged difficulties prevent use of the property. Many assume county government has more authority or equal authority as local units of government such as townships, cities or villages. Phone: 248-674-3111. and to unin-7. Please click the image below to view the interactive zoning district map. But what exactly does that include and where do they fit into your township's planning and zoning team? This communication highlights specific areas of law, and is not legal advice. The courts have revisited the Michigan Right to Farm Act (RTFA) at least once each year since the 1999 amendments to the RTFA, which weakened local control over commercial farming operations. For more information from Michigan State University Extension on limitations of authority see, Local wireless communication zoning further restricted, Metro Detroit public transit authority will be zoning exempt and Can local governments regulate oil and gas development?. has undergone no important changes since its adoption in 1921, but the zoning power was extended to counties in 1929. Although these areas seem quite remote . Under Michigan law, unless the state statute says otherwise, a zoning decision must be appealed within 30 days. Comm, 103 Mich App 742, 746; 304 NW2d 1 (1981). But what exactly does that include and where do they fit into your townships planning and zoning team? Skip to main content. Colfax, Greenwood, and Henderson Township- No Zoning Cedar Creek Township: Wendy Johnson 231-824-6543/Building Inspector: Mack Erickson 231-564-2202 (Building Permits) . For those farmers that fail to conform to the GAAMPs, a township is not stopped from enforcing its nuisance and zoning ordinances. Whether grant of a variance is the minimum action that will make the property useful. . 6139, p. 90, March 30, 1983.). Townships will benefit from our monthly e-newsletter addressing topics that may affect their community. Site plan approval is also a frequent action carried out by the Planning Commission as such review is performed on varied uses including: The site plan process from an applicants prospective requires the arduous task of verifying compliance with multiple chapters of the Township zoning ordinance as well as obtaining signed and sealed site plan drawings (also a part of the process that can increase costs). Yes, it makes intuitive sense for the county to adopt an ordinance because they have the police department (sheriff), legal team (prosecutor), and other resources to uniformly enforce ordinances for the entire county. The Court of Appeals recently addressed this issue when a homeowner sued a city, arguing that the city building inspector had negligently inspected a home, and that a proper inspection would have revealed that the builder had inadequately gauged the groundwater level of the property. MSU is an affirmative-action, equal-opportunity employer, committed to achieving excellence through a diverse workforce and inclusive culture that encourages all people to reach their full potential. This article was published by Michigan State University Extension. The Court of Appeals affirmed the trial courts decision. Due to the various number and complexity of conditions for some uses, site plan review can result in litigation over whether an approval or denial was appropriate based on applicable conditions. Below is a link to the Marquette County Zoning Plan: http://www.co.marquette.mi.us/departments/planning/docs/LZA2016%20FINAL.pdf. If those recommendations are not accepted, then the Township should have a clear basis to decide against such recommendations. In 2015, the township passed a new ordinance called Ordinance 68, which replaced Ordinance 10. For more information, visit https://extension.msu.edu. Please refer to the "Overview" tab first for instructions on how to interpret the data and use the tool. May 15, 2020. stavelandj@michigan.gov nicipalities (including townships), is essentially the original 1928 Zoning Act. $30,000 - $90,000. The Court held that longstanding Michigan law required that an ordinance be repealed or amended with an action of equal dignity. Zoning Ordinances. In a Concurring Opinion, Judge Murphy of the Michigan Court of Appeals agreed with this decision but based on a different reason. Great Lakes Tiny Homes is now a part of Michigan Brew Supply's affiliate program! Jamestown Charter Township 2380 Riley St. Hudsonville, MI 49426. In addition, please see A Citizen's Guide to Planning & Zoning in Northwest Michigan, a publication from Networks Northwest. Department of Environment, Great Lakes, and Energy, Emergency Planning and Community-Right-to-Know, Remediation Information Data Exchange (RIDE), Michigan Environmental Health and Drinking Water Information System (MiEHDWIS), Oil, Gas, and Minerals Division Data Explorer (Dataminer), Freedom of Information Act (FOIA) Requests, https://dev.michigan.local/som/json?sc_device=json, Sign up for updates on a variety of environmental topics, Office of the Clean Water Public Advocate, Office of the Environmental Justice Public Advocate, Go to Water Operator Certification Programs, Go to Regulations, Laws, Rules, and Policies, Go to Emergency Planning and Community-Right-to-Know, SARA Title III-The Emergency Planning and Community Right to Know Act, Go to Remediation Information Data Exchange (RIDE), Go to Michigan Environmental Health and Drinking Water Information System (MiEHDWIS), Go to Oil, Gas, and Minerals Division Data Explorer (Dataminer), Go to MPART PFAS Geographic Information System, Go to Water and Wastewater Professionals Week, Go to Freedom of Information Act (FOIA) Requests, Go to State of Michigan Contact Directory, MiEnviro Portal formerly known as MiWaters, Which communities have considered renewable energy in their zoning ordinances, In which communities utility-scale wind and solar projects are located, Which level of government has zoning authority and a link to each zoning ordinance, Demographic and geographic information about each community. 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