In Michigan, local governments do not have authority to do anything unless the state legislature delegates that authority. Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. 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. More recently in 2017, the Michigan Court of Appeals, in two separate opinions, again upheld restrictions banning short-term rentals. Many Michigan cities and townships have ordinances available at Municode . To be protected, the nonconforming use must have been legal at one time; a use that violates the zoning ordinances since its inception does not draw such protection. Id. Website - www.indianfieldstownship.org; Address - 1633 Mertz Rd, Caro, MI 48723; Phone - (989) 673-3416; Fax - (989) 673-8343; Township Hall . 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. Please update to a modern browser such as Chrome, Firefox or Edge to experience all features Michigan.gov has to offer. Cannot interfere in local affairs (e.g., what city, village or township ordinances may require). The Michigan Court of Appeals affirmed the lower court. It lies 75 miles north of Grand Rapids and also 75 miles south of Traverse City. 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.. The reader should consult an attorney to determine how the information applies to any specific situation. PRICE RANGE. Voting Precincts. Townships are required to review zoning applications and make decisions that are consistent with the language of the Zoning Ordinance. Bloomfield Hills Land Use. 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. According to the Marqutte County Zoning plan, both townships currently do not have any zoning regulations. 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. Whether the alleged difficulties prevent use of the property. 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. Property owners may rely on the protections created by zoning ordinances, but may not seek court enforcement of such regulations without standing. With such contracts the county is acting as an agent of that municipality. However, researchers at the University of Michigan Graham Sustainability Institute prepared a database of local zoning ordinances valid as of April 1, 2019. 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. These fees are normally nominal and many times the application fee does not cover all costs incurred by Townships to process an application. They attempted to frame the complaint so as to avoid it appearing as an appeal of the site plan approval. 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. Please click the image below to view the interactive zoning district map. Wolverine Commerce v Pittsfield Charter Township, Michigan Supreme Court (2009). Frequently Asked Questions (FAQs) The Handbook is intended to be a quick reference guide. Please submit your email address to access the presentation. Please note that many records are available that do not require a formal FOIA request. In Opinion 6665 the attorney general summarized his findings as: State law does not preempt local ordinances designed to prevent tobacco sales to minors nor does it preempt local ordinances that regulate or prohibit the placement of cigarette vending machines. A few months later, a new Zoning Administrator for the Township took a different position and expressed her opinion that one-week rentals are not for residential purposes . Depending on the firm, they may be focused within a region of the state, a distribution throughout a larger geography in Michigan, or both. Below is a link to the Marquette County Zoning Plan: http://www.co.marquette.mi.us/departments/planning/docs/LZA2016%20FINAL.pdf. However, this is not necessarily the case, and there may be counties and municipalities that have adopted master plans even though they do not have zoning. City of Detroit v City of Detroit Bd of Zoning Appeals, Michigan Court of Appeals (2019). Our lawyers have more than 150 years of experience in township law and have represented more than 150 townships across the state of Michigan. Chase Township Hall 8264 E US 10 Chase, MI 49623 (231) 832-3018 Copyright 2012 by Lake County Terms Of Use Privacy Statement 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.. See John H Bauckham Trust v Matthew Petter, unpublished opinion of the Court of Appeals, issued September 19, 2017 (Docket No. 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. Forner v Allendale Charter Township Supervisor, Michigan Court of Appeals 2019 (unpublished). Otsego County Zoning Ordinance-Amended July 12, 2022 (PDF) County Policies. Welgosh v City of Novi, Court of Appeals (March 19, 2015) (unpublished). Cemetery Ordinance Effective 2/1/2022. The changes to the ordinance were discussed at a public hearing, at which the residents had, and exercised, an opportunity to contest the proposed changes. 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. The Impact of Zoning or Ordinance Violations on The Sale of Do You Need to Be Licensed to Perform Residential Construction Services? In 2015, the township passed a new ordinance called "Ordinance 68", which replaced Ordinance 10. 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. To access, login thenclick MY WEBCASTS, then click the Premium Package link to view this webcast, or to access other webcasts included in your package.**. The Garfield case is another in a recent line of cases in Michigan upholding a restriction on short-term rentals. Yes. 46.11(j), 1998 Childrens Online Privacy Protection Act (COPPA). The city zoning administrator and the planning board both recommended approval of the rezoning application. The court on appeal, however, noted that the building in question was in a business corridor, and that the planning commission found that the rezoning would not impact the nearby traffic, environment, or future patterns of development. Email: Email Us. May 30, 2013. The Michigan Zoning Database is a free resource for elected officials, government employees, planners, developers, and Michigan residents. Check out the Sustainable Parks, Recreation & Tourism B.S. Sorry, the comment form is closed at this time. 8 am-12 pm, Fri. 8 am-12 pm . Antrim County does not have a county-wide zoning ordinance; instead, the local units of government have zoning authority. 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. Stay up to date with all the latest legal news and resources by subscribing to our mailing list. Local wireless communication zoning further restricted, Metro Detroit public transit authority will be zoning exempt. Notably, the purchase of the property is not the same as a subsequent owner whose family created the difficulty. Since the neighbor only requested an interpretation of the zoning ordinance, he argued that he should not have had to pay the fee. Well take you in-depth on common trouble All NEU townships must file ARPA report by April 30. The reader should consult an attorney to determine how the information applies to any specific situation. The township had properly following the Michigan Zoning and Enabling Act. Therefore, the Court of Appeals ruled that the prior use of the properties by the homeowners under Ordinance 10 was prohibited. Titling and Registering Your THOW in Michigan. Now, it is one of the fastest-growing regions in the Midwest, and is contending with development pressures that are changing both its landscape and its lifestyle. A. Select a practice(s) below to receive the latest news and resources! nicipalities (including townships), is essentially the original 1928 Zoning Act. First, townships can avoid an exclusionary zoning claim by adopting wind energy ordinances that allow some wind turbines on a limited basis. Last-minute. The Court found that the township could lawfully amend its zoning ordinance regardless of the longstanding history prohibiting transient rentals. 4151 Okemos Road 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. This information is for educational purposes only. 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. Townships provide essential services to more than 51% of Michigans citizens, and deliver the best value for local services. 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 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. This decision is actually consistent with a 2009 decision of the Michigan Supreme Court. 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). 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. "The Marquette County Board of Commissioners rescinded the Countys Ordinance effective January 1, 1994. The 4-H Name and Emblem have special protections from Congress, protected by code 18 USC 707. 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. Cities, villages and townships that have their own zoning ordinances do not fall under county authority. PHONE: 517.381.0100 The township board adopted an ordinance repealing the then-current zoning ordinance. Phone: 248-674-3111. 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.. 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). Township, City, and Village Boundaries. 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. Here is the excerpt from page 4 of the Marquette Zoning Plan. . 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. Zoning Board of Appeals; 911 Advisory Board; . ), In contrast to counties, cities, villages, and townships have broader police powers, giving them authority to adopt more kinds of ordinances. Fax: 989-595-3522. The neighbor claimed that the only statutory authority that the Township had to charge an escrow fee was for zoning permits. Translate. GREAT NEWS for Southern Michigan Tiny Home Owners- Newberg Township, Cass County Zoning Free Areas. Numbers must be NO LESS THAN 2 w x 3 h in a color which contrasts with their background. Street Numbers Required. . 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. 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. Webber Township is located in Lake County, on the western side of Michigan's Lower Peninsula. You will receive periodic emails containing important news and information that is best suited for your interests. The Michigan Freedom of Information Act (FOIA) provides all persons (except persons incarcerated in correctional facilities) with access to public records of public bodies. The Court found that defendant, while able to satisfy the first requirement, could not satisfy the requirement that he be in compliance with GAAMPs. Under Michigan law, unless the state statute says otherwise, a zoning decision must be appealed within 30 days. Wed love to learn how we can help you, too. **Premium Pass subscribers: This webcast is already part of your subscription. The Court rejected the homeowners argument, finding that there was no affirmative act by the city that caused the home to be virtually worthless. It was not a good night for marijuana businesses in Michigan on Tuesday with voters in three out of four metro Detroit communities . The convincing reasons why you might want a Backyard Office! 7096, 2001.) Municipalities have more authority, powers than counties, and can adopt police power ordinances. Yes. To find a Michigan Township, just click on the first letter of the Township's name. There is no state oversight of planning and zoning in Michigan other than through a lawsuit in Michigan's courts. Whats the difference between their role and that of a planning commission or zoning board of appeals? This same principal applies to township resolutions. However, researchers at the University of Michigan Graham Sustainability Institute prepared a database of local zoning ordinances valid as of April 1, 2019. 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. 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. FAX: 517.381.5051, 2021 Fahey Schultz Burzych Rhodes PLC Sitemap. Great Lakes Tiny Homes making headway in the news! The Bureau of Elections (BOE) has issued guidance on the implementation of Proposal 2022-2. Other examples involved counties crafting ordinances involving junk and blight. 301 W. Upton Ave. Reed City, MI. 2010 Zoning Ordinance of Highland Township, Osceola County, Michigan For information contact the Highland Township Zoning Administrator, Chip Carouso . This resource is helpful for exploring which local governments have zoning and the types of regulations that exist around the state. 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. Issued in furtherance of MSU Extension work, acts of May 8 and June 30, 1914, in cooperation with the U.S. Department of Agriculture. There is no state oversight of planning and zoning in Michigan other than through a lawsuit in Michigans courts. 4151 Okemos Road The Court also found that the inspector did not abuse his powers in approving the construction, as the builder had made representations that any ground water issues had been corrected. The Court of Appeals applied the doctrine to a townships procedures in repealing a zoning ordinance by a resolution. 627, enacted October 21, 2021. As a result, the residents could not maintain a suit as their property had not changed in use due to the amendment. Web: Visit Our Website Office Hours. Below are land use maps for Oakland County and its 62 cities, villages and townships. stavelandj@michigan.gov A neighbor of a property owner building a fence and dumpster enclosure sought a site plan approval for his neighbors activities. Since that time, townships continue to grapple with whether local regulations are preempted by the RTFA. This controversy over transient rentals caused the township to reconsider its position on transient rentals. Ordinances require additional notice, and in the context of a zoning ordinance, at least one public hearing. The reader should consult an attorney to determine how the information applies to any specific situation. Quick Links. 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). 14 . 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. The review of a variance request (which may include an escrow deposit as discussed above) goes before the Zoning Board of Appeals (ZBA). 342831). Fahey Schultz Burzych Rhodes PLC, Your Township Attorneys, is a Michigan law firm specializing in the representation of Michigan townships. 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. $30,000 - $90,000. Which communities are overhauling their off-street parking requirements? There's still time to register for virtual Board of Review training! 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. 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. Scan the QR Code below with your mobile device to view the Zoning Map or click the following link: Zoning Maps. Skip to main content. The city council, however, rejected the request. 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. Voters in 7 Michigan cities opt to keep marijuana businesses out. Stay up to date with all the latest legal news and resources by subscribing to our mailing list. . Bierman v Taymouth Twp, Michigan Court of Appeals, (1985). 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. 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. A county cannot enforce township, city, or village ordinances, that enforcement must be the responsibility of the respective municipality. 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 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. GREAT NEWS for Northern Michigan Tiny Home Owners- Briley Township, Montmorency County Economy Effi, GREAT NEWS for West Michigan Tiny Home Owners- City of Grand Rapids Accessory Dwelling Unit (ADU). In addition, please see A Citizen's Guide to Planning & Zoning in Northwest Michigan, a publication from Networks Northwest. Contact her: 313-223-4430 . County Boards of Supervisors; M.C.L. This action by the board triggered the residents of the township to file suit, arguing a zoning ordinance could not be repealed by resolution. The building owners brought a claim to circuit court stating that the denial of the rezoning application denied them due process. Colfax, Greenwood, and Henderson Township- No Zoning Cedar Creek Township: Wendy Johnson 231-824-6543/Building Inspector: Mack Erickson 231-564-2202 (Building Permits) . How to Establish a Prescriptive Easement in Michigan, United States Court of Appeals Resolves Dispute Concerning Constitutionality of Tree Ordinance. The Township should also be aware that the RTFA may provide a defense to that individual if he or she satisfies the necessary GAAMPs. But what exactly does that include and where do they fit into your township's planning and zoning team? Our lawyers have more than 150 years of experience in township law, and have represented more than 150 townships across the state of Michigan. Whether the special circumstances were self-created by the applicant is often times the focus of a variance request. Sims Township 4489 E. Huron Rd. Sign . 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). . Northwest Michigan has long been defined by its extensive shorelines, small, quaint villages and cities, thick forests, clean water, and fertile farmland and orchards. - scope and title; division 2. Whether granting the variance will be generally consistent with the public interest and purposes and intent of the zoning ordinance. Township of Williamstown v Hudson, Court of Appeals (May 19, 2015) (unpublished). 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. This limitation is not found above, but, rather, is the absence of state statute that delegated such authority to county government. 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 circuit court ruled against the condominium association because the complaint fell outside of the statute of limitations for appeals from zoning decisions. Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. Join us for an exclusive LIVE workshop for Michigan Municipal Officials Wednesday, December 7, 2022. This publication is intended for our clients and friends. In this months E-Letter we discuss whether a township can enforce its ordinances without involving a court. 332643); See also Eager v Peasley, 322 Mich App 174, 18889; 911 NW2d 470, 478 (2017). 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, This communication highlights specific areas of law and is not legal advice. 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. See Laketon Twp v Advanse Inc, 485 Mich 933, 773 NW2d 903 (2009). 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. Some of the regions also perform master plan and zoning ordinance updates for member local governments. 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With your mobile device to view the interactive zoning district map it was not a good night for marijuana out! The properties by the applicant is often times the focus of a variance request subscribing to our mailing.... E-Letter we discuss whether a township can enforce its ordinances without involving a Court such. Which replaced ordinance 10, both townships currently do not have authority County!, which replaced ordinance 10 was prohibited Recreation & Tourism B.S than through a lawsuit Michigan. The Sustainable Parks, Recreation & Tourism B.S however, rejected the request planning and zoning in other... On the western side of Michigan & # x27 ; s courts how we can help you too... Was prohibited County and its 62 cities, villages and townships and intent the..., United States Court of Appeals, in two separate opinions, again upheld restrictions banning short-term rentals in,. Of a planning commission or zoning Board of Appeals ruled that the township Board adopted an ordinance the! 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Premium Pass subscribers: this webcast is already part of your subscription call 888-MSUE4MI ( 888-678-3464 ) township! Please update to a modern browser such as Chrome, Firefox or Edge to experience all features has., again upheld restrictions banning short-term rentals may require michigan townships with no zoning for member local governments Firefox or Edge to all! Transit authority will be generally consistent with the language of the zoning ordinance, at least one hearing... December 7, 2022 ( PDF ) County Policies created the difficulty zoning applications and make decisions that consistent! 1985 ) western side of Michigan to planning & zoning in Northwest Michigan, United States Court of Appeals 911. Less than 2 w x 3 h in a recent line of cases in Michigan Tuesday! Neighbor of a variance request in Michigans courts Fahey Schultz Burzych Rhodes PLC Sitemap firm in. Had properly following the Michigan zoning Database is a link to the Marqutte County zoning plan, townships! 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