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. 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. For those farmers that fail to conform to the GAAMPs, a township is not stopped from enforcing its nuisance and zoning ordinances. Auburn Hills Land Use. While there is no state oversight of planning and zoning, there is a statewide database of zoning ordinances in Michigan. 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. Anticipating this action, County Staff assisted townships in adopting interim ordinances. Zoning Board of Appeals; 911 Advisory Board; . In 2015, the township passed a new ordinance called "Ordinance 68", which replaced Ordinance 10. 1288 N. Sleeper Drive, Lincoln, MI 48742. 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 only difference between the previous ordinance and the amended version was that transient rentals were included as a conditional use, subject to the townships permitting procedure. Resolutions, while applicable in many situations, are inappropriate for the purposes of amending or repealing township ordinances. Yes. In 2015, the township passed a new ordinance called Ordinance 68, which replaced Ordinance 10. The adoption of a resolution can later be amended or repealed by the adoption of a subsequent resolution; it need not require the adoption of an ordinance. Frequently Asked Questions (FAQs) There's still time to register for virtual Board of Review training! Woodcreek of Ann Arbor Association v City of Ann Arbor, Michigan Court of Appeals 2019 (unpublished). 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. Townships provide essential services to more than 51% of Michigan's citizens, and deliver the best value for local services. The homeowners filed an appeal. Below are land use maps for Oakland County and its 62 cities, villages and townships. Working side-by-side with partners at local, regional, state and federal levels, the Michigan Department of Environment, Great Lakes, and Energy (EGLE) safeguards our state's environment while supporting the economic growth and development crucial for Michigan's future. Alert Center. The Michigan Court of Appeals affirmed the lower court. Agendas and Minutes. The Court found that defendant, while able to satisfy the first requirement, could not satisfy the requirement that he be in compliance with GAAMPs. 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 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. A family-owned business in a Michigan Township, Cool Tiny Homes uses local materials to create tiny homes. In this months E-Letter we discuss whether a township can enforce its ordinances without involving a court. Invenergy, a Chicago-based renewables giant worth billions, plans a 170-megawatt array for Bridgewater Township, enough energy to power over 30,000 homes, on an anticipated 1,200 acres of land,. 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. Anytime a township addresses such a topic, the oft-quoted phrase by poet John Lydgate, and later recited by President Abraham Lincoln, seems uniquely applicable: You can please some of the people all of the time, you can please all of the people some of the time, but you cant please all of the people all of the time.. has undergone no important changes since its adoption in 1921, but the zoning power was extended to counties in 1929. Here is the excerpt from page 4 of the Marquette Zoning Plan. stavelandj@michigan.gov Ewing and Turin Townships are located in Michigans central Upper Peninsula in the South East area of Marquette County. This communication highlights specific areas of law and is not legal advice. Website - www.indianfieldstownship.org; Address - 1633 Mertz Rd, Caro, MI 48723; Phone - (989) 673-3416; Fax - (989) 673-8343; Township Hall . [and] that short term rentals or other transient uses are prohibited under Ordinance 10. 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. Berkley Land Use. The neighbor sued objecting to the Township's authority to collect an escrow fee. Forner v Allendale Charter Township Supervisor, Michigan Court of Appeals 2019 (unpublished) Townships must have a rational basis to deny or approve rezoning applications. 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. Woodhaven City, Wayne County. 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. Those decisions must be rational and . Townships are required to review zoning applications and make decisions that are consistent with the language of the Zoning Ordinance. These are two legal principles that Townships should consider reviewing with their Township attorney anytime an appeal or original action is filed regarding a zoning decision against a Township. The Court found that the RTFA did preempt local laws and zoning ordinances in conflict with GAAMPs, but only if the challenged farm operation conformed to applicable GAAMPs. 627, enacted October 21, 2021. FAX: 517.381.5051, 2021 Fahey Schultz Burzych Rhodes PLC Sitemap. Zoning Ordinance. Bagley Township ORV Map (PDF) Bagley Township ORV Map 2 (PDF) Otsego Lake Township ORV Map (PDF) 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. Click here for a PDF version of this publication. Some of the regions also perform master plan and zoning ordinance updates for member local governments. article 4. Phone: 248-674-3111. 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. 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. . 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.. The neighbor claimed that the only statutory authority that the Township had to charge an escrow fee was for zoning permits. PDF Download: Zoning Ordinance restatement Nov 2019. . . MI 49777. The neighbor claimed that the only statutory authority that the Township had to charge an escrow fee was for zoning permits. For those counties that have a planning department and made such a request, there would be a single source of zoning ordinances also. Otsego County Zoning Ordinance-Amended July 12, 2022 (PDF) County Policies. state through the new Michigan Zoning Enabling Act, (PA 110 of 2006). 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. The web Browser you are currently using is unsupported, and some features of this site may not work as intended. 4471, p. 639, March 15, 1946; and No. 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. 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 The city and a developer took two years to approve the site plan, which occurred on September 6, 2016. Must be related to "county affairs" (e.g., internal operations of the county such as ordinances about county-owned land, buildings, facilities). 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. Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. Fahey Schultz Burzych Rhodes PLC, Your Township Attorneys, is a Michigan law firm specializing in the representation of Michigan townships. Depending on the firm, they may be focused within a region of the state, a distribution throughout a larger geography in Michigan, or both. In this case, a small rural township in the thumb of Michigan had enforced a zoning ordinance since 1956. As a result, the residents could not maintain a suit as their property had not changed in use due to the amendment. Welgosh v City of Novi, Court of Appeals (March 19, 2015) (unpublished). The challenge to a decision approving or denying a site plan would result in an appeal, but not all Townships will have similar appeal processes. Web: Visit Our Website Office Hours. The Court found that the township could lawfully amend its zoning ordinance regardless of the longstanding history prohibiting transient rentals. Dr. Sarah Mills, University of Michigan This ordinance requires posting of street address numbers of all properties located in Manchester Township. 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. With authority comes restrictions such as not being able to do what has not been delegated. The Court of Appeals relied on this definition in support of its holding that the short-term rentals involved in this case did not establish the type of permanence needed to be considered a single-family dwelling. 11 x 17 Version (PDF) - Updated August 2020; . For most Townships, the enactment of the Michigan Zoning Enabling Act limited the ability to provide use variances. 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. For those Townships not currently doing so, this case demonstrates that Townships may validly exercise such authority to collect escrow fees. More often, however, the zoning ordinance may be silent on this point. 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. This publication is intended for our clients and friends. This article was published by Michigan State University Extension. Check out the Sustainable Parks, Recreation & Tourism B.S. Historically, a county was thought of as an extension of state government not a local government. There remains no central repository of local government adopted plans or police power ordinances. 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. The reader should consult an attorney to determine how the information applies to any specific situation. Although these areas seem quite remote, they offer a possible solution for living tiny legally. The city council, however, rejected the request. 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. If those recommendations are not accepted, then the Township should have a clear basis to decide against such recommendations. This publication is intended for our clients and friends. Titling and Registering Your THOW in Michigan. PHONE: 517.381.0100 Currently, those townships do not have any zoning regulations. In most instances, the builder, rather than the building inspector, will be the party liable for any negligent construction. 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. When there is a staffed county planning department, those plans are often retained for reference. 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. Fireworks Ordinance. Of the 1,856 jurisdictions in the state, around half have already given consideration to clean energy (wind energy, solar energy, or electric vehicle infrastructure) in their zoning ordinances, and that number continues to grow. This section provides zoning information for Highland Township, Michigan. Township of Williamstown v Hudson, Court of Appeals (May 19, 2015) (unpublished). 342831). Please submit your email address to access the presentation. The interim ordinances were replaced over a three-year period with adoption of a permanent ordinances. Well take you in-depth on common trouble All NEU townships must file ARPA report by April 30. Accountability & Transparency. The Court was not satisfied by the arbitrary reasons relied upon by the city to deny the rezoning. Many assume county government has more authority or equal authority as local units of government such as townships, cities or villages. 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. City of Detroit v City of Detroit Bd of Zoning Appeals, Michigan Court of Appeals (2019). From the data collected here, you will learn: Anytime regulation is enacted or amended and some of the people are not pleased with the Township Boards action, litigation can result. All of the parties involved in the Garfield case agreed that the new ordinance prohibited short-term rentals. PHONE: 517.381.0100 Ordinances require additional notice, and in the context of a zoning ordinance, at least one public hearing. Since the neighbor only requested an interpretation of the zoning ordinance, he argued that he should not have had to pay the fee. We comply with the Federal Trade Commission 1998 Childrens Online Privacy Protection Act (COPPA). Access Highways, roads and trails provide easy access to most of the Township . The Township administrator declined, so the neighbor went to the zoning board of appeals to request an interpretation of the zoning ordinance. One major reason for limited central information concerning local planning and zoning is that planning and zoning in Michigan are optional. 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 . That county government does not have the power to adopt general ordinances has been subject to several Michigan attorneys general opinions (opinion No. Upcoming Events View All Events Board of Review Training 6665, November 15, 1990; No. Townships will benefit from our monthly e-newsletter addressing topics that may affect their community. 301 W. Upton Ave. Reed City, MI. Fahey Schultz Burzych Rhodes PLC, Your Township Attorneys, is a Michigan law firm specializing in the representation of Michigan townships. What Does The New Tiny House Building Code RB 168-16 Appendix V Mean For Michigan? The RTFA serves as a defense to nuisance claims for those commercial farmers that also conform to generally accepted agricultural and management practices (GAAMPs). The decisions that result from such litigation may require townships to consider tweaking or changing current practices. 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. - administration and . Chase Township Hall 8264 E US 10 Chase, MI 49623 (231) 832-3018 Copyright 2012 by Lake County Terms Of Use Privacy Statement 46.11(j)). Rather, the township preferred to relinquish local zoning authority, permitting the county zoning ordinance to control. "The Marquette County Board of Commissioners rescinded the Countys Ordinance effective January 1, 1994. InfoMI.com has information for 1,254 townships. Forner v Allendale Charter Township Supervisor, Michigan Court of Appeals 2019 (unpublished). 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. Additional copies available at mi.gov/foia-ag . To contact an expert in your area, visit https://extension.msu.edu/experts, or call 888-MSUE4MI (888-678-3464). Wolverine Commerce v Pittsfield Charter Township, Michigan Supreme Court (2009). In addition, please see A Citizen's Guide to Planning & Zoning in Northwest Michigan, a publication from Networks Northwest. The Handbook is intended to be a quick reference guide. 6139, p. 90, March 30, 1983.). In 2010, the Michigan Court of Appeals defined a persons residence as the place where a person has his home, with no present intention of removing and to which he intends to return after going elsewhere and that use of the property to provide temporary housing to transient guests is a commercial purpose. See Enchanted Forest Prop Owners Assn v Schilling, unpublished per curiam opinion of the Court of Appeals, issued March 11, 2010 (Docket No. Brandan A. Hallaq is an attorney with Hirzel Law, PLC where he dedicates the majority of his practice to representing condominium associations and homeowners associations. Township Planning Commissions have a significant role in approving site plans (although sometimes final approval is vested in the Township Board). 2 . The city argued that a due process claim only applies to the overall validity of the zoning ordinance. Township Hall 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. Fax: 989-595-3522. - zoning districts and district regulations; division 5. Cities, villages and townships that have their own zoning ordinances do not fall under county authority. Oakland Coun t y Land Use. The process to implement changes because of the passage of Proposal 2022-2 has begun. . May 15, 2020. 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. 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. Beverly Hills Village Land Use. Okemos, MI 48864 To have a digest of information delivered straight to your email inbox, visit https://extension.msu.edu/newsletters. You will receive periodic emails containing important news and information that is best suited for your interests. 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. Certain boards are excluded "when deliberating the merits of a . This appeased those property owners that wanted to convert single-family dwellings on the lake to rentals, but some lakefront residents argued that the ordinance amendments were invalid. In Garfield, a number of homeowners frequently rented out their homes for short-term intervals, usually for about one week in duration. 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. 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. This decision illustrates that Townships must follow their zoning ordinances and must not make decisions that are arbitrary and capricious. One ordinance was thrown out by a judge and the other was repealed before it could also be thrown out as well. Van Buren County 219 E Paw Paw Street Suite 201 Paw Paw, MI 49079-1429 Contact Us This resource is helpful for exploring which local governments have zoning and the types of regulations that exist around the state. Otherwise, a court may reverse the Townships decision as the Court of Appeals did this year. The trial court issued an order prohibiting the homeowners from renting their homes for short-term intervals. 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