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. He also has experience preparing documents for business and real estate transactions including purchase agreements, franchise agreements, loan/financing documents and commercial and residential leases and mortgages. 7) This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. Whether granting the variance will be generally consistent with the public interest and purposes and intent of the zoning ordinance. On appeal, the courts primary task was the interpretation of the old ordinance. Okemos, MI 48864 Below is a link to the Marquette County Zoning Plan: http://www.co.marquette.mi.us/departments/planning/docs/LZA2016%20FINAL.pdf. Cities and villages have the broadest delegation of authority, townships are in the middle, and counties have the least. 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, The population was 4,673 at the 2020 census. 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. The Court rejected the homeowners claims. . This gives townships a strong defense against negligence claims in connection with faulty construction projects. (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. 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. program! . However, the homeowners filed a lawsuit against the Township in September 2017, seeking a court order allowing them to continue using their homes for short-term rentals under a legal doctrine called prior nonconforming use. The homeowners essentially asked to be grandfathered under the previous ordinance as Michigan law does not allow a municipality to enforce ordinances retroactively. Great Lakes Tiny Homes making headway in the news! This communication highlights specific areas of law and is not legal advice. Cherry Grove Township Hall 4830 E M-55 Hwy Cadillac, MI 49601; at the rear of the fire station Office Hours: Weds. Birmingham Land Use. There is no state oversight of planning and zoning in Michigan other than through a lawsuit in Michigan's courts. 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. Ewing and Turin Townships are located in Michigans central Upper Peninsula in the South East area of Marquette County. County Boards of Supervisors; M.C.L. AuGres, MI 48703 989-876-8631 Supervisor Robert Mackie Meets 3rd Tuesday every month @ 7pm www.simstownship.org; Standish Township 4997 Arenac State Rd. 301 W. Upton Ave. Reed City, MI. What Does The New Tiny House Building Code RB 168-16 Appendix V Mean For Michigan? This decision illustrates that Townships must follow their zoning ordinances and must not make decisions that are arbitrary and capricious. 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 With authority comes restrictions such as not being able to do what has not been delegated. 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. It was for those reasons that the Court found the rezoning denial was irrational. 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 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. 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. Woodhaven City, Wayne County. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. Contact us or check out our resources to learn more. The neighbor sued objecting to the Township's authority to collect an escrow fee. 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. Kathleen Gray covers the marijuana industry for the Detroit Free Press. There is no state oversight of planning and zoning in Michigan other than through a lawsuit in Michigans courts. Whats the difference between their role and that of a planning commission or zoning board of appeals? 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. 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. 1288 N. Sleeper Drive, Lincoln, MI 48742. 2023 Michigan Townships Association, All Rights Reserved, This webcast is already part of your subscription. The interim ordinances were replaced over a three-year period with adoption of a permanent ordinances. Check out the Environmental Economics & Management B.S. 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 This will require updates to election 512 Westshire Dr. Lansing, MI 48917Phone: 517.321.6467 Fax: 517.321.8908, Register now for MTA's 2023 Annual Conference & Expo. In 2015, the township passed a new ordinance called Ordinance 68, which replaced Ordinance 10. 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. Our job is hard, but our mission is simple: to protect Michigans environment and public health by managing air, water, land, and energy resources. Seth Koches is an attorney at Bauckham, Sparks, Thall, Seeber & Kaufman P.C. Cemetery Reservation and Burial Fees Effective 2/1/2022. Last-minute. 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). For questions regarding the zoning ordinances, please contact the zoning administrator for the specific township or village directly. - zoning. 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. More often, however, the zoning ordinance may be silent on this point. "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. This means there should be a rational basis as to why a certain zoning request is approved or denied. 4151 Okemos Road The company had owned a building since 2011. All Ordinances Administration - 12.0000 Franchise - 13.0000 Planning - 14.0000 Zoning - 15.0000 Regulatory Licensing - 20.0000 Construction Code Adoption - 22.0000 Water Sewer - 25.0000 Streets & Sidewalks - 30.0000 Health & Environment - 35.0000 Public Safety - 40.0000 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. To find a Michigan Township, just click on the first letter of the Township's name. This field is for validation purposes and should be left unchanged. The city council, however, rejected the request. 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. This article was published by Michigan State University Extension. 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. 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. 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 Court of Appeals affirmed the trial courts decision. 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). Quentin Tyler, Director, MSU Extension, East Lansing, MI 48824. 8 am-5 pm, Thurs. 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. Seths primary practice encompasses nearly every aspect of municipal law including annexation, ordinance enforcement, planning and zoning, and amicus writing. Sometimes errors do occur that have a significant impact on the habitability of a home. Please note that many records are available that do not require a formal FOIA request. 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. The city argued that a due process claim only applies to the overall validity of the zoning ordinance. Short Term Rentals. - scope and title; division 2. Wed love to learn how we can help you, too. But what exactly does that include and where do they fit into your township's planning and zoning team? 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. Whereas townships, villages, and cities are considered municipalities, in many respects a county is not. Great Lakes Tiny Homes Zoning Intelligence-Volume 3: Potential Tiny House Friendly Areas- Michigans Zoning Free Townships. 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. 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 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.. Dr. Sarah Mills, University of Michigan 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. The property owner argued that the RTFA preempted the townships conflicting zoning ordinance, while the township countered this argument by arguing that defendants failure to adhere to GAAMPs rendered his defense inapplicable. Comm, 103 Mich App 742, 746; 304 NW2d 1 (1981). - administration and . 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. What's the difference between their role and that of a planning commission or zoning board of appeals? The Court rejected the homeowners argument, finding that there was no affirmative act by the city that caused the home to be virtually worthless. 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. Is it true they have less discretion and can incur serious personal liability? Please explore and share. The challenge seems to be finding municipalities that have no or very few zoning restrictions. 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. The process to implement changes because of the passage of Proposal 2022-2 has begun. Titling and Registering Your THOW in Michigan. The township no longer desired to rely on its own zoning authority. InfoMI.com has information for 1,254 townships. Township Hall Office Hours: - zoning board of appeals; division 8. 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. Hours of Operation. Finally, a county planning department may have a complete library of municipal and county plans and zoning ordinances within the respective county. GREAT NEWS for Southern Michigan Tiny Home Owners- Newberg Township, Cass County Zoning Free Areas. For a zoning determination please contact the Cheboygan County Planning and Zoning Department at (231) 627-8489. The Township should also be aware that the RTFA may provide a defense to that individual if he or she satisfies the necessary GAAMPs. See Laketon Twp v Advanse Inc, 485 Mich 933, 773 NW2d 903 (2009). 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. To have a digest of information delivered straight to your email inbox, visit https://extension.msu.edu/newsletters. 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. Osceola County, MI. PHONE: 517.381.0100 The Garfield case involved the interpretation of a zoning ordinance that addressed short-term rentals of residential properties in certain districts. One major reason for limited central information concerning local planning and zoning is that planning and zoning in Michigan are optional. The Court of Appeals agreed. 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?. May 30, 2013. Townships provide essential services to more than 51% of Michigan's citizens, and deliver the best value for local services. 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