The city zoning administrator and the planning board both recommended approval of the rezoning application. Contact us or check out our resources to learn more. 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. 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 interim ordinances were replaced over a three-year period with adoption of a permanent ordinances. Many Townships are restricted to only providing non-use variances, which relate to dimensional provisions and qualitative conditions that are often included in zoning ordinances. 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. Site plans, similar to other zoning applications to the Township, require the payment of an application fee. This controversy over transient rentals caused the township to reconsider its position on transient rentals. Otsego County Zoning Ordinance-Amended July 12, 2022 (PDF) County Policies. 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. 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 8 am-12 pm, Fri. 8 am-12 pm . 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. FAX: 517.381.5051, 2021 Fahey Schultz Burzych Rhodes PLC Sitemap. 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. As the trial court succinctly noted, "no landowner has a vested right in a continuance of a particular type of zoning." You may also find the "Definitions" tab especially useful. In each year from 2018 through 2020, he has been recognized as a Rising Star in the area of real estate law by Super Lawyers Magazine, a designation that is given to no more than 2.5% of the attorneys in the State of Michigan each year. 4151 Okemos Road Phone: 248-674-3111. Those decisions must be rational and . The city had stated that the rezoning application was denied because it wanted to move marijuana dispensaries out of residential areas and into business corridors. The Court determined the inadequate inspection to be an omission, rather than an affirmative act; as such, there could be no inverse condemnation. We comply with the Federal Trade Commission 1998 Childrens Online Privacy Protection Act (COPPA). 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. The neighbor claimed that the only statutory authority that the Township had to charge an escrow fee was for zoning permits. The township board adopted an ordinance repealing the then-current zoning ordinance. . Ann Arbor Charter Township is a charter township of Washtenaw County in the U.S. state of Michigan. Quick Links. 46.11(j)). It is not intended to be . Townships are required to review zoning applications and make decisions that are consistent with the language of the Zoning Ordinance. Whether strict interpretation would result in practical difficulties. 11 x 17 Version (PDF) - Updated August 2020; . A. Please click the image below to view the interactive zoning district map. Id. Cities, villages and townships that have their own zoning ordinances do not fall under county authority. 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. Scan the QR Code below with your mobile device to view the Zoning Map or click the following link: Zoning Maps. Others have ordinances available through the American Legal Publishing Corporation. Sign . Certain boards are excluded "when deliberating the merits of a . As a result, the residents could not maintain a suit as their property had not changed in use due to the amendment. Proposed Building Height Amendment to Article 2 and Article 10 in Presque Isle Township Zoning Ordinance. Below are land use maps for Oakland County and its 62 cities, villages and townships. Cities, villages, and townships may enact ordinances to prevent the sale of tobacco products to minors and to regulate or prohibit the placement of cigarette vending machines within their respective borders. PRICE RANGE. 15 . Oakland Coun t y Land Use. PDF Download: Zoning Ordinance restatement Nov 2019. . Yes. Wolverine Commerce v Pittsfield Charter Township, Michigan Supreme Court (2009). Issued in furtherance of MSU Extension work, acts of May 8 and June 30, 1914, in cooperation with the U.S. Department of Agriculture. Ewing and Turin Townships are located in Michigans central Upper Peninsula in the South East area of Marquette County. Thats right and were hosting two classes this year, one approved by the State Tax Commission to satisfy the P.A. The Township should also be aware that the RTFA may provide a defense to that individual if he or she satisfies the necessary GAAMPs. Woodcreek of Ann Arbor Association v City of Ann Arbor, Michigan Court of Appeals 2019 (unpublished). Okemos, MI 48864. This action by the board triggered the residents of the township to file suit, arguing a zoning ordinance could not be repealed by resolution. To have a digest of information delivered straight to your email inbox, visit https://extension.msu.edu/newsletters. 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. B. Bagley Township ORV Map (PDF) Bagley Township ORV Map 2 (PDF) Otsego Lake Township ORV Map (PDF) Online Contact Form. . 287614), p 7. 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 . One major reason for limited central information concerning local planning and zoning is that planning and zoning in Michigan are optional. . - administration and . PHONE: 517.381.0100 However, researchers at the University of Michigan Graham Sustainability Institute prepared a database of local zoning ordinances valid as of April 1, 2019. The zoning board of appeals required the neighbor to pay $1,500 in escrow for the cost of professional and legal review of the zoning ordinance. - site development requirements; division 7. This means there should be a rational basis as to why a certain zoning request is approved or denied. In this case, a development company purchased a 48-acre parcel of land to develop into a condominium complex. PHONE: 517.381.0100 In reviewing an application for a variance, ZBAs are guided by principles within the zoning ordinance, which may include: Every Zoning Ordinance imposes some degree of difficulty on a property to which it applies since the restriction of the ordinance limits the uses to which the property may be put. In Eager, the Court held that transient, short-term rental usage violates the restrictive covenant requiring private occupancy only and private dwelling. and Commercial use, which is clearly prohibited in the restrictive covenant, includes short-term rentals even without resorting to technical refinement of what constitutes private occupancy or private dwelling. Id. For more information, visit https://extension.msu.edu. Additional copies available at mi.gov/foia-ag . Township of Williamstown v Hudson, Court of Appeals (May 19, 2015) (unpublished). If you are looking to make a difference and be part of something greater, apply TODAY! Zoning Ordinance. Michigan courts have taken this stance regardless of whether the ban on short-term rentals comes from an ordinance adopted by a municipality or arises from private deed restrictions. 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 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. Counties that have adopted a zoning ordinance have zoning authority over townships (but not over cities or villages) which do not have their own zoning ordinance. This year the Court of Appeals emphasized the importance of conforming to the GAAMPs. The Court rejected the homeowners claims. 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. This is an important part of the application process to provide the Planning Commission with sufficient information for meaningful review and approval. PHONE: 517.381.0100 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. The end result is that Townships can impose escrow fees for zoning applications, including application for zoning permits and applications for variances or zoning interpretations. There's still time to register for virtual Board of Review training! 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 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. 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. - zoning. Airport Zoning Ordinance; Airport Zoning Permit Application; Archived News; Board of Public Works; BOC Minutes/Agenda; Business Development; . Since that time, townships continue to grapple with whether local regulations are preempted by the RTFA. If a zoning ordinance allows a certain use of a property, any later amendment or replacement to that ordinance that prohibits the activity cannot be enforced against an owner that was lawfully using the property for the newly prohibited purpose before the new ordinance took effect. We are involved in our communities, our profession, and our clients' associations and activities. . Whats the difference between their role and that of a planning commission or zoning board of appeals? (Detroit Edison Co. v. Township of Richmond, 150 MichApp 40, 47; 388 NW2d 296 (1986); People v. Strobridge, 127 MichApp 705, 708-709; 339 NW2d 531 (1983); and Michigan Attorney General Opinion no. Chase Township Hall 8264 E US 10 Chase, MI 49623 (231) 832-3018 Copyright 2012 by Lake County Terms Of Use Privacy Statement That county government does not have the power to adopt general ordinances has been subject to several Michigan attorneys general opinions (opinion No. 7096, 2001.) This ordinance requires posting of street address numbers of all properties located in Manchester Township. 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). Zoning Ordinances. The township board, intent on repealing the townships zoning ordinance, simply adopted a resolution to that effect. One county who adopted this thinking produced a well written storm water and erosion control ordinance. The reader should consult an attorney to determine how the information applies to any specific situation. He can be reached at (248) 720-5762 or at bhallaq@hirzellaw.com. One ordinance was thrown out by a judge and the other was repealed before it could also be thrown out as well. Copy and paste this code into your website. For example, the Michigan Zoning Enabling Act specifically empowers counties to adopt zoning (but only for those townships that do not have township zoning), ordinances concerning certain aspects of solid waste management, a land division or subdivision ordinance dealing with coordinated county review of the same, E9-1-1 addressing, animal control, and setting policy in the form of resolutions (budget, appropriations, personnel, capital improvement, county services, and other internal matters). 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. Information about the GeoWebFace application. 2023 Michigan Townships Association, All Rights Reserved, This webcast is already part of your subscription. According to the Court, standing requires that a party have: (i) "a sufficient interest in the outcome of litigation to ensure vigorous advocacy" and (ii . Planning and Zoning. This communication highlights specific areas of law and is not legal advice. Prior to this change in the zoning ordinance, the township had a longstanding history of prohibiting transient rentals in the township. This assumption might be made because a county government includes a large geographic area with several local governments. In the last year, the Michigan Court of Appeals has already issued multiple decisions that impact planning and zoning within townships. But because the appeal fell outside of the 30 day statute of limitations to challenge the city councils decision, the circuit court correctly ruled for the city. Michigan Building, Electrical and Mechanical Codes are followed. So when the idea is for the county to adopt the ordinance, the first step is to find the specific statutory authority that says a county has the power to do so. Application fees, however, are not designed to cover the expenses of reviewing complex zoning requests, such as special land uses, site plan review for large projects, appeals, or textual amendments. To find a Michigan Township, just click on the first letter of the Township's name. 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?. Township, City, and Village Boundaries. 46.11(j), 1998 Childrens Online Privacy Protection Act (COPPA). We publish periodic bulletins & newsletters, as well as provide presentations and seminars to our clients. A recent decision from the Michigan Court of Appeals indicates that an appeal of a site plan approval must be filed within the 30-day window provided by MCR 7.122(B). Frequently Asked Questions (FAQs) 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. MI 49777. Woodhaven City, Wayne County. The local health department has ordinance making authority separate from the county board for matters having a direct effect on public health. Municipalities have more authority, powers than counties, and can adopt police power ordinances. Okemos, MI 48864 Cannot interfere in local affairs (e.g., what city, village or township ordinances may require). The ZBA may vary or modify provisions of the Ordinance where granting of a variance would not be contrary to the public interest and literal enforcement of the Ordinance. First, townships can avoid an exclusionary zoning claim by adopting wind energy ordinances that allow some wind turbines on a limited basis. In this months E-Letter we discuss whether a township can enforce its ordinances without involving a court. A townshipboardtypicallyconsists of a supervisor, treasurer, clerk, and two trustees. A neighbor of a property owner building a fence and dumpster enclosure sought a site plan approval for his neighbors activities. The local health department has ordinance making authority separate from the County board for having! Profession, and two trustees the planning Commission with sufficient information for meaningful review and approval Oakland County and 62... Before it could also be aware that the RTFA also be aware the. And be part of your subscription the planning board both recommended approval of the application process to the. 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