1998 Childrens Online Privacy Protection Act (COPPA), 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. According to the Graham Sustainability Institute, the Michigan Zoning Database includes: Michigan requires zoning to be based on a plan (MCL 125.3203). 11 x 17 Version (PDF) - Updated August 2020; . They also resemble one of Michigan's first zoning ordinances that restricted the development of wind projects in Riga Township in Lenawee County, home to . According to the Marqutte County Zoning plan, both townships currently do not have any zoning regulations. Michigan State University Extension programs and materials are open to all without regard to race, color, national origin, gender, gender identity, religion, age, height, weight, disability, political beliefs, sexual orientation, marital status, family status or veteran status. Below are land use maps for Oakland County and its 62 cities, villages and townships. Others have ordinances available through the American Legal Publishing Corporation. In September, we issued Part I of our series on Township Law Legal Updates, which you can find in the Township Law Resources section of our website. While there is no state oversight of planning and zoning, there is a statewide database of zoning ordinances in Michigan. The Court found that defendant, while able to satisfy the first requirement, could not satisfy the requirement that he be in compliance with GAAMPs. 627, enacted October 21, 2021. 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 The adoption of a resolution can later be amended or repealed by the adoption of a subsequent resolution; it need not require the adoption of an ordinance. Woodcreek of Ann Arbor Association v City of Ann Arbor, Michigan Court of Appeals 2019 (unpublished). Bloomfield Hills Land Use. MTAs signature event returns to the Grand Traverse Resort on April 17-20connecting you with municipal experts, inspiring speakers and nearly 1,000 of your fellow officials. Just short of one year later, a nearby condominium association (not the developer) sued the city for approving a site plan that did not comply with various statutes, codes, and zoning ordinances. How many communities allow small-scale livestock in primarily residential areas? This resource is helpful for exploring which local governments have zoning and the types of regulations that exist around the state. The township residents, however, rejected the ordinance in a referendum. On appeal, the courts primary task was the interpretation of the old ordinance. More often, however, the zoning ordinance may be silent on this point. - general provisions; division 4. - definitions; division 3. This year the Township Law Legal Update has been divided into two updates, as numerous developments in the law have occurred that could not all be addressed in one E-letter. 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. 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. sbmills@umich.edu A county government does not have general ordinance making authority. . For most Townships, the enactment of the Michigan Zoning Enabling Act limited the ability to provide use variances. 301 W. Upton Ave. Reed City, MI. At one point, while the township zoning ordinance clearly did not permit transient rentals, the Township also did not always enforce this portion of the ordinance. Kathleen Gray covers the marijuana industry for the Detroit Free Press. - zoning board of appeals; division 8. To have a digest of information delivered straight to your email inbox, visit https://extension.msu.edu/newsletters. We publish periodic bulletins & newsletters, as well as provide presentations and seminars to our clients. 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 rejected the homeowners argument, finding that there was no affirmative act by the city that caused the home to be virtually worthless. Kurt H. Schindler, Michigan State University Extension - The homeowner argued that the failure of the city and its agent to adequately recognize and force correction of the ground water problem rendered the home virtually worthless, amounting to a taking by inverse condemnation. Absent Voter (AV) Ballot ApplicationA new updated AV ballot application is now available for the May 2, election, as well as an updated Qualified Voter File (QVF) AV application. That county government does not have the power to adopt general ordinances has been subject to several Michigan attorneys general opinions (opinion No. From the data collected here, you will learn: 517-420-8544. 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. To have a digest of information delivered straight to your email inbox, visit https://extension.msu.edu/newsletters. Thus, Townships dealing with individuals conducting farming operations in violation of township regulation should be aware that the township may be able to enforce its regulation, but an extensive review of the GAAMPs will be necessary. 342831). The building inspector was not liable for gross negligence since the building inspectors conduct during the inspection was not the most immediate, efficient, and direct cause of the injury or damage. Bois Blanc Township [raw] [/raw] PO Box 898, Pointe Aux Pins, MI 49775 Phone: (231) 634-7275 | Fax: (231) 634-7021 www.boisblanctownship.org Board Meetings: Second Wednesday of each month The Court found that the township could lawfully amend its zoning ordinance regardless of the longstanding history prohibiting transient rentals. From the data collected here, you will learn: The database includes numerous tabs. It is not intended to be . The review of a variance request (which may include an escrow deposit as discussed above) goes before the Zoning Board of Appeals (ZBA). FAX: 517.381.5051, 4151 Okemos Road Fax: 989-595-3522. Townships are required to review zoning applications and make decisions that are consistent with the language of the Zoning Ordinance. These fees are normally nominal and many times the application fee does not cover all costs incurred by Townships to process an application. 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. The Handbook is intended to be a quick reference guide. The trial court issued an order prohibiting the homeowners from renting their homes for short-term intervals. See John H Bauckham Trust v Matthew Petter, unpublished opinion of the Court of Appeals, issued September 19, 2017 (Docket No. A county cannot enforce township, city, or village ordinances, that enforcement must be the responsibility of the respective municipality. Although these areas seem quite remote . 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. "The Marquette County Board of Commissioners rescinded the Countys Ordinance effective January 1, 1994. Here is the excerpt from page 4 of the Marquette Zoning Plan. The reader should consult an attorney to determine how the information applies to any specific situation. Michigan Townships 1,240 local units of government that govern more than 96% of Michigan's land area, in which over 58% of Michigan's property values are located. The population was 4,673 at the 2020 census. - zoning. 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. Judge Murphy relied on the ordinances definition of family as persons who are domiciled together . 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. Join us for an exclusive LIVE workshop for Michigan Municipal Officials Wednesday, December 7, 2022. You will receive periodic emails containing important news and information that is best suited for your interests. . Currently, those townships do not have any zoning regulations. 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. Yes. Dr. Sarah Mills, University of Michigan Located in the heart of Central Lower Michigan, Isabella County was once one of the most magnificent pine and hardwood areas in all of the Great Lakes region. Otherwise, a court may reverse the Townships decision as the Court of Appeals did this year. This field is for validation purposes and should be left unchanged. If those recommendations are not accepted, then the Township should have a clear basis to decide against such recommendations. 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. Therefore, the Court of Appeals ruled that the prior use of the properties by the homeowners under Ordinance 10 was prohibited. The Impact of Zoning or Ordinance Violations on The Sale of Do You Need to Be Licensed to Perform Residential Construction Services? Townships do not have to adopt ordinances that allow Apex to develop wind turbines based on its business model. For those Townships not currently doing so, this case demonstrates that Townships may validly exercise such authority to collect escrow fees. Such statutes do exist for cities, villages, and townships. What Does The New Tiny House Building Code RB 168-16 Appendix V Mean For Michigan? Zoning Ordinances. Okemos, MI 48864. Check out the Sustainable Parks, Recreation & Tourism B.S. In 2015, the township passed a new ordinance called Ordinance 68, which replaced Ordinance 10. Notably, the purchase of the property is not the same as a subsequent owner whose family created the difficulty. Alcona Township Hall 5576 N. US-23, Black River, MI 48721 (989) 471-5004 Meetings held on the second Tuesday 2010 Population: 968 www.alconatownship.com . 734-763-0726 Julie Staveland, EGLE stavelandj@michigan.gov 517-420-8544 Database Overview The Michigan Zoning Database is a free resource for elected officials, government employees, planners, developers, and Michigan residents. As the trial court succinctly noted, "no landowner has a vested right in a continuance of a particular type of zoning." Otsego County Zoning Ordinance-Amended July 12, 2022 (PDF) County Policies. Ewing and Turin Townships opted not to adopt an ordinance upon expiration of their interim ordinance. The Court of Appeals affirmed the trial courts decision. This means that if a township takes action by following the process for the adoption of an ordinance, that action may only be amended or repealed by following the same process. For more information, visit https://extension.msu.edu. However, researchers at the University of Michigan Graham Sustainability Institute prepared a database of local zoning ordinances valid as of April 1, 2019. 1625838 [2] Website. Scan the QR Code below with your mobile device to view the Zoning Map or click the following link: Zoning Maps. 46.11(j)). Ordinance #95-01 was adopted on January 10, 1995. Municipal civil infraction and misdemeanor penalty options will also be discussed. The Michigan Court of Appeals affirmed the lower court. 1,240 local units of government that govern more than 96% of Michigans land area, in which over 58% of Michigans property values are located. Use tab to navigate through the menu items. A company that owned an unlicensed medical marijuana dispensary sued the City of Lansing over a rezoning application denial. Street Numbers Required. Email: Email Us. Your township's zoning administrator is responsible for the overall administration of your zoning ordinance. They attempted to frame the complaint so as to avoid it appearing as an appeal of the site plan approval. Phone: 989-595-2752. One county who adopted this thinking produced a well written storm water and erosion control ordinance. It is only when the difficulty becomes overly burdensome to the property that a variance may be granted by the ZBA to provide relief from the terms of the ordinance. In this months E-Letter we discuss whether a township can enforce its ordinances without involving a court. 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 circuit court agreed and ruled for the building owners. However, researchers at the University of Michigan Graham Sustainability Institute prepared a database of local zoning ordinances valid as of April 1, 2019. Historically, a county was thought of as an extension of state government not a local government. Beverly Hills Village Land Use. This months E-letter discusses decisions issued within the last year that impact site plan approvals, escrow provisions for zoning application review, rezoning decisions, and variances. Cemetery Reservation and Burial Fees Effective 2/1/2022. Frequently Asked Questions (FAQs) Site plans, similar to other zoning applications to the Township, require the payment of an application fee. 7 . 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. This case demonstrates that building inspectors and municipalities will not be found liable for faulty construction that was approved by the inspector if the subsequent harm caused to the homeowner is primarily the result of some other partys act. Northwest Michigan has long been defined by its extensive shorelines, small, quaint villages and cities, thick forests, clean water, and fertile farmland and orchards. For more information on the following, please click the documents below: Zoning Ordinance Zoning Map Fee Schedule Setbacks Demolition Plan S Houghton Lake Area 2017 Joint Master Plan CONTACT: Rob Christian Zoning Administrator Hours: M-F, 8:30-4:30 ordinance@roscommontownship.com (989) 422-4116 As a result, the residents could not maintain a suit as their property had not changed in use due to the amendment. The court of appeals disagreed, and noted that under Michigan law, due process claims apply to rezoning application denials just as much as claims against the whole zoning ordinance. MSU is an affirmative-action, equal-opportunity employer. In 2009, the Michigan Supreme Court ruled that short-term rentals of a dwelling for a fee is not considered use of the property as a single-family dwelling. Reviewing the record, it became apparent to the Court that defendant had failed to comply with rules regarding the farms manure practices and, as a result, could not rely on the protections of the RTFA. stavelandj@michigan.gov Click here for a PDF version of this publication. 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. PHONE: 517.381.0100 Adoption of Michigan Electrical Code 2011-3 (PDF) Adoption of Michigan Building Code 2011-2 (PDF) . He can be reached at (248) 720-5762 or at bhallaq@hirzellaw.com. The trial court ruled in favor of the Township on the basis that short-term rentals were not permitted under the old ordinance. The building owners brought a claim to circuit court stating that the denial of the rezoning application denied them due process. Since the condominium associations appeal of the zoning decision was almost a year after the approval of the site plan approval, the circuit court dismissed the action. It might also be possible to learn about content and trends associated with local government plans and zoning ordinances from one or more of Michigans private consulting planners. This is an important part of the application process to provide the Planning Commission with sufficient information for meaningful review and approval. He litigates cases involving defective construction, contract disputes, shareholder/member disputes, quiet title actions to determine interests in property, enforcement of restrictive covenants, real estate foreclosure actions, and bankruptcy matters representing creditors. Join us for an exclusive LIVE workshop for Michigan Municipal Officials Wednesday, December 7, 2022. Townships will benefit from our monthly e-newsletter addressing topics that may affect their community. Townships are lawfully able to follow the procedures in the Michigan Zoning and Enabling Act to modify the zoning ordinance, including permitting items that may have been previously prohibited. Anticipating this action, County Staff assisted townships in adopting interim ordinances. Upon completion of construction, the homeowner took possession of the property, only to realize that flooding continued to occur in the basement and water pressure from the ground had caused foundation damage. Zoning Ordinance. But the correct course of action is to have the municipalities (township, city, village) adopt the ordinance and contract with the county for enforcement services. The homeowner alleged that the building inspectors inspections were grossly negligent, and that the citys substandard inspections amounted to an inverse condemnation of the property. These issues come before the appellate courts quite regularly as zoning decisions that result in a denial can cause the aggrieved party to file suit. A fee may be charged to process your request. Addison T ownship Land Use. Van Buren County 219 E Paw Paw Street Suite 201 Paw Paw, MI 49079-1429 Contact Us But several years after its adoption someone challenged the ordinance arguing that a county does not have general ordinance making powers. This can only happen if the county is willing to undertake a contract to provide that service of course, and that will depend on the resources at the countys disposal, county policy about such matters (or the particular county elected officials policy), and the municipalitys desire to work with the county in that matter. Is it true they have less discretion and can incur serious personal liability? All land developments permitted by right (typically exclusive of single-family or two-family dwellings); All residential dwellings as part of a subdivision plat or condominium project. Auburn Hills Land Use. Local health departments have the legal authority to adopt regulations to prevent the sale of tobacco to minors and to regulate or prohibit the placement of cigarette vending machines.. Wed love to learn how we can help you, too. All non-entitlement units of government (NEUsall but eight of Michigans largest townships) that accepted American Rescue Plan Act (ARPA) funds must complete their annual Project and Expenditure Report by the April 30 deadline. Zoning Ordinance #200. The GAAMPs are extensive, covering 7 farming topics over several hundred pages. This Act specifically allows a township to adopt an ordinance to regulate the public health, safety, and welfare of persons and property, specifically identifying ordinances concerning fire protection, licensing or use of bicycles, traffic, parking of vehicles, sidewalk maintenance and repairs, licensing businesses, licensing public amusements, - scope and title; division 2. Since that time, townships continue to grapple with whether local regulations are preempted by the RTFA. Issued in furtherance of MSU Extension work, acts of May 8 and June 30, 1914, in cooperation with the U.S. Department of Agriculture. Fahey Schultz Burzych Rhodes PLC, Your Township Attorneys, is a Michigan law firm specializing in the representation of Michigan townships. CODE OF ORDINANCES CHARTER TOWNSHIP OF HOLLAND, MICHIGAN Codified through Ordinance No. 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 township's zoning ordinance. **Premium Pass subscribers: This webcast is already part of your subscription. 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. This information is for educational purposes only. The township board adopted an ordinance repealing the then-current zoning ordinance. The Court agreed with the township, finding that the RTFA did not protect defendants farm from the townships zoning ordinances. Mr. Hallaq obtained his Juris Doctor degree, cum laude, from Wayne State University Law School where he served as an editor on the Wayne Law Review. This communication highlights specific areas of law, and is not legal advice. This information is for educational purposes only. A complete list of all programs within the Department of Environment, Great Lakes, and Energy (EGLE), Resources and information on utilizing RRD's data exchange and the Inventory of Facilities. In Michigan, the current City and Village Zoning Act. In this case, a small rural township in the thumb of Michigan had enforced a zoning ordinance since 1956. AuGres, MI 48703 989-876-8631 Supervisor Robert Mackie Meets 3rd Tuesday every month @ 7pm www.simstownship.org; Standish Township 4997 Arenac State Rd. Stay up to date with all the latest legal news and resources by subscribing to our mailing list. If you find any errors in the data, have new zoning ordinances, or have any questions about the data, please contact Dr. Sarah Mills at the University of Michigan's Graham Sustainability Institute. 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. In Bauckham, the Court held that short-term rentals violated the residential use and the non-commercial use deed restrictions in a residential subdivision and issued an injunction banning short-term rentals. 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. Many assume county government has more authority or equal authority as local units of government such as townships, cities or villages. The process to implement changes because of the passage of Proposal 2022-2 has begun. Oakland Coun t y Land Use. 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 Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. Since the trial court interpreted Ordinance 10 to prohibit short-term rentals, the homeowners argument that they had a prior nonconforming use and should be allowed to continue to rent under the new ordinance was rejected. Another source for planning and zoning content includes Michigans state planning and development regions; many maintain information on the local governments within their multi-county regions. The Court of Appeals applied the doctrine to a townships procedures in repealing a zoning ordinance by a resolution. This article was published by Michigan State University Extension. [3] The township borders the city of Ann Arbor and contains numerous exclaves, but the two are administered autonomously. Jamestown Charter Township 2380 Riley St. Hudsonville, MI 49426. The most obvious difference between an ordinance and a resolution is the process for adoption. Fahey Schultz Burzych Rhodes PLC, Your Township Attorneys, is a Michigan law firm specializing in the representation of Michigan townships. Contact us or check out our resources to learn more. Mon-Fri 9:00 a.m. to 5:00 p.m. "The Marquette County Board of Commissioners rescinded the Countys Ordinance effective January 1, 1994. One might make the assumption that if there is adopted zoning, then there is also an adopted master plan. Please refer to the "Overview" tab first for instructions on how to interpret the data and use the tool. For zoning ordinances, the contention may arise whenever parcels are rezoned or additional uses are included in a certain zoning district through amendment of the zoning ordinance. The reader should consult an attorney to determine how the information applies to any specific situation. Birmingham Land Use. Berkley Land Use. Yes. 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. (Click here for a map of Antrim County's zoned municipalities.). To contact an expert in your area, visit https://extension.msu.edu/experts, or call 888-MSUE4MI (888-678-3464). 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