Kathleen Gray covers the marijuana industry for the Detroit Free Press. The reader should consult an attorney to determine how the information applies to any specific situation. 627, enacted October 21, 2021. 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 Court also rejected the homeowners allegations of inverse condemnation, which was an attempt by the homeowner to argue that the citys inspection services were a taking of private property without just compensation under the 5th Amendment. Zoning decisions can cause litigation, but so long as Townships follow the statutory authority provided under the Michigan Zoning Enabling Act and exercise their zoning authority reasonably, courts generally uphold the lawfulness of Township zoning decisions. It is 35 miles east of Lake Michigan . This publication is intended for our clients and friends. 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. 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. **. The Michigan Court of Appeals affirmed the circuit court, holding that the issues the condominium association raised about the site plan were alleged flaws in the city councils decision that essentially amounted to an appeal (which they failed to timely take). 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. But one way to fulfill that responsibility is to contract with the county to provide enforcement services on behalf of the municipality. Since the zoning ordinance incorporated the filing costs as specified in a Township resolution, the Court ruled that the Township could charge the neighbor the escrow fee. Berkley Land Use. As a general rule counties cannot adopt ordinances. Please submit your email address to access the presentation. The Bureau of Elections (BOE) has issued guidance on the implementation of Proposal 2022-2. 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. 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. Share this page on your favorite Social network, Conducting Business Under an Assumed Name, Medicare/Medicaid Assistance Program (MMAP), Michigan Homeowner Assistance Fund (MIHAF), Show Cause Hearing and Hardship Deferrals, Township & Village Treasurers Contact Info, Direct Scheduling for Optometry and Audiology, Antrim County Transportation (Dial-a-ride), A Citizen's Guide to Planning & Zoning in Northwest Michigan. Whether the special circumstances are not self-created. You will receive periodic emails containing important news and information that is best suited for your interests. PHONE: 517.381.0100 In April of this year, the Court of Appeals reiterated the validity of a longstanding principle named the equal dignity doctrine. (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. 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 The company had owned a building since 2011. 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This communication highlights specific areas of law, and is not legal advice. 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. The Court found that the township could lawfully amend its zoning ordinance regardless of the longstanding history prohibiting transient rentals. Select a practice(s) below to receive the latest news and resources! The review of a variance request (which may include an escrow deposit as discussed above) goes before the Zoning Board of Appeals (ZBA). The Court of Appeals affirmed the trial courts decision. Whether granting the variance will be generally consistent with the public interest and purposes and intent of the zoning ordinance. This field is for validation purposes and should be left unchanged. 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. Phone: 616-896-8376 Fax: 616-896-7271. 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. Auburn Hills Land Use. Okemos, MI 48864 FAX: 517.381.5051, 4151 Okemos Road The RTFA serves as a defense to nuisance claims for those commercial farmers that also conform to generally accepted agricultural and management practices (GAAMPs). has undergone no important changes since its adoption in 1921, but the zoning power was extended to counties in 1929. From the data collected here, you will learn: For most Townships, the enactment of the Michigan Zoning Enabling Act limited the ability to provide use variances. This means there should be a rational basis as to why a certain zoning request is approved or denied. Can local governments regulate oil and gas development? Official website. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. 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. stavelandj@michigan.gov A. One might make the assumption that if there is adopted zoning, then there is also an adopted master plan. MI 49777. From the data collected here, you will learn: The database includes numerous tabs. The homeowners filed an appeal. Although these areas seem quite remote, they offer a possible solution for living tiny legally. Your township's zoning administrator is responsible for the overall administration of your zoning ordinance. The attorney general was pointing out that counties may only pass regulations and ordinances relating to county affairs and do not contravene the general laws of this state or interfere with the local affairs of a township, city, or village within the limits of the county (County Boards of Supervisors; M.C.L. Michigan cities that allow tiny houses There is a push for tiny houses in Michigan, and building codes and zoning laws change quickly as more cities begin to allow them. Requests to inspect or receive public records from EGLE must be in writing and describe the requested records with enough detail to enable the department to identify and locate the requested records. To contact an expert in your area, visit https://extension.msu.edu/experts, or call 888-MSUE4MI (888-678-3464). Whether grant of a variance is the minimum action that will make the property useful. Translate. Short Term Rentals. As a result, the residents could not maintain a suit as their property had not changed in use due to the amendment. Ewing and Turin Townships opted not to adopt an ordinance upon expiration of their interim ordinance. 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. Northwest Michigan has long been defined by its extensive shorelines, small, quaint villages and cities, thick forests, clean water, and fertile farmland and orchards. PRICE RANGE. As the trial court succinctly noted, "no landowner has a vested right in a continuance of a particular type of zoning." This same principal applies to township resolutions. Great Lakes Tiny Homes Zoning Intelligence-Volume 3: Potential Tiny House Friendly Areas- Michigan's Zoning Free Townships Ewing and Turin Townships are located in Michigan's central Upper Peninsula in the South East area of Marquette County. The Court found that defendant, while able to satisfy the first requirement, could not satisfy the requirement that he be in compliance with GAAMPs. Historically, a county was thought of as an extension of state government not a local government. Zoning - This maps displays the zoning designations within Waterford Township. Dr. Sarah Mills, University of Michigan PHONE: 517.381.0100 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. Notably, the purchase of the property is not the same as a subsequent owner whose family created the difficulty. Counties lack the legal authority to regulate or prohibit the placement of cigarette vending machines within their respective borders but may regulate or prohibit the placement of cigarette vending machines on county property. There is no state oversight of planning and zoning in Michigan other than through a lawsuit in Michigan's courts. Similarly, anyone who wishes to utilize residential property for investment purposes by renting the home on services such as Airbnb, VRBO, and Homeaway should carefully review the zoning ordinances of the municipality where the property is located. The primary reason the building owners cited was that they were treated differently then the other property owners in the area. The township board adopted an ordinance repealing the then-current zoning ordinance. Which communities are overhauling their off-street parking requirements? 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 . Additional copies available at mi.gov/foia-ag . Planning and zoning for renewable energy siting is an important step toward creating stronger, more resilient communities. 4696, p. 197-200, November 25, 1970; No. This position on transient rentals had caused some litigation as well as controversy. 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. 660 training mandate AND one for those whove already met the requirements for the two-year cycle. - zoning districts and district regulations; division 5. A company that owned an unlicensed medical marijuana dispensary sued the City of Lansing over a rezoning application denial. 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. Otherwise, a court may reverse the Townships decision as the Court of Appeals did this year. Antrim County does not have a county-wide zoning ordinance; instead, the local units of government have zoning authority. In Garfield, a number of homeowners frequently rented out their homes for short-term intervals, usually for about one week in duration. Proposed Building Height Amendment to Article 2 and Article 10 in Presque Isle Township Zoning Ordinance. See Laketon Twp v Advanse Inc, 485 Mich 933, 773 NW2d 903 (2009). MSU is an affirmative-action, equal-opportunity employer. In this months E-Letter we discuss whether a township can enforce its ordinances without involving a court. In this case, a development company purchased a 48-acre parcel of land to develop into a condominium complex. 15 . However, researchers at the University of Michigan Graham Sustainability Institute prepared a database of local zoning ordinances valid as of April 1, 2019. The city amended its zoning ordinance in October 2017 to limit medical marijuana dispensaries to general commercial zones, and to require that dispensaries be licensed. GNIS feature ID. On appeal, the courts primary task was the interpretation of the old ordinance. May 15, 2020. 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. Specifically, the Court held Because short-term rentals are inherently transitory, by limiting the use to family dwelling units, Ordinance 10 plainly prohibited short-term rentals. sbmills@umich.edu The city argued that a due process claim only applies to the overall validity of the zoning ordinance. 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. Chase Township Hall 8264 E US 10 Chase, MI 49623 (231) 832-3018 Copyright 2012 by Lake County Terms Of Use Privacy Statement This information is for educational purposes only. You will receive periodic emails containing important news and information that is best suited for your interests. There's still time to register for virtual Board of Review training! . Bierman v Taymouth Twp, Michigan Court of Appeals, (1985). In addition, please see A Citizen's Guide to Planning & Zoning in Northwest Michigan, a publication from Networks Northwest. 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. MI 48733; Township Map - CLICK HERE; Indianfields Township. The Michigan Zoning Database is a free resource for elected officials, government employees, planners, developers, and Michigan residents. in a dwelling unit. Since Michigan courts have defined domicile to mean the place where a person has his true, fixed, permanent home, and principal establishment, and to which, whenever he is absent, he has the intention of returning, Judge Murphy reasoned that A family renting a dwelling for a short period is not domiciled together in the dwelling.. Township, City, and Village Boundaries. 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