In this months E-Letter we discuss whether a township can enforce its ordinances without involving a court. 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. These issues come before the appellate courts quite regularly as zoning decisions that result in a denial can cause the aggrieved party to file suit. Bagley Township ORV Map (PDF) Bagley Township ORV Map 2 (PDF) Otsego Lake Township ORV Map (PDF) Site plans, similar to other zoning applications to the Township, require the payment of an application fee. This publication is intended for our clients and friends. This position on transient rentals had caused some litigation as well as controversy. 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. Zoning Board of Appeals; 911 Advisory Board; . 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 Building, Electrical and Mechanical Codes are followed. 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. PRICE RANGE. 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. (Supp. 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. Below are land use maps for Oakland County and its 62 cities, villages and townships. 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. sbmills@umich.edu Ordinances require additional notice, and in the context of a zoning ordinance, at least one public hearing. Osceola County, MI. Quick Links. Proposed Building Height Amendment to Article 2 and Article 10 in Presque Isle Township 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. This information is for educational purposes only. In the last year, the Michigan Court of Appeals has already issued multiple decisions that impact planning and zoning within townships. state through the new Michigan Zoning Enabling Act, (PA 110 of 2006). The Township in this case had a zoning ordinance that called for escrow fees for any appeal or application to the zoning board of appeals, with a filing fee as specified by resolution of the Township board. In this case, a small rural township in the thumb of Michigan had enforced a zoning ordinance since 1956. The Court was not satisfied by the arbitrary reasons relied upon by the city to deny the rezoning. German Magic Farm is violating zoning ordinances, Michigan, 12 replies nice small towns in IL/WI/MI, Michigan, 9 . 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. 15 . Use tab to navigate through the menu items. See MCL 125.3406. Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. PHONE: 517.381.0100 Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. GNIS feature ID. The city argued that a due process claim only applies to the overall validity of the zoning ordinance. Those decisions must be rational and reasonable. The neighbor sued objecting to the Township's authority to collect an escrow fee. Anticipating this action, County Staff assisted townships in adopting interim ordinances. The Michigan Court of Appeals affirmed the lower court. According to the Marqutte County Zoning plan, both townships currently do not have any zoning regulations. County Boards of Supervisors; M.C.L. Some records are exempt from disclosure under the FOIA or another statute and thus will not be provided. The Michigan Court of Appeals has recently affirmed this right to collect escrow fees (although not based on the plain language of MCL 125.3406). Finally, a county planning department may have a complete library of municipal and county plans and zoning ordinances within the respective county. To have a digest of information delivered straight to your email inbox, visit https://extension.msu.edu/newsletters. Wed love to learn how we can help you, too. Jamestown Charter Township 2380 Riley St. Hudsonville, MI 49426. 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. 342831). The review of a variance request (which may include an escrow deposit as discussed above) goes before the Zoning Board of Appeals (ZBA). 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?. The difficult problem with the RTFA is the ever-changing GAAMPs. - general provisions; division 4. This publication is intended for our clients and friends. There is no state oversight of planning and zoning in Michigan other than through a lawsuit in Michigans courts. Antrim County does not have a county-wide zoning ordinance; instead, the local units of government have zoning authority. Certain boards are excluded "when deliberating the merits of a . The five incorporated villages (Bellaire, Central Lake, Elk Rapids, Ellsworth, and Mancelona) and seven of the fifteen townships (Banks, Elk Rapids, Forest Home, Helena, Kearney, Milton, and Torch Lake) have their own zoning ordinances which are administered and enforced by a zoning administrator. Whether granting the variance will be generally consistent with the public interest and purposes and intent of the zoning ordinance. In the next two segments on Ordinance Enforcement, explore enforcement methods, techniques and strategies for success including practical advice from one of the leading enforcement attorneys in the state on when to apply each method. Since the neighbor only requested an interpretation of the zoning ordinance, he argued that he should not have had to pay the fee. The Court found that the township could lawfully amend its zoning ordinance regardless of the longstanding history prohibiting transient rentals. FAX: 517.381.5051, 2021 Fahey Schultz Burzych Rhodes PLC Sitemap. Colfax, Greenwood, and Henderson Township- No Zoning Cedar Creek Township: Wendy Johnson 231-824-6543/Building Inspector: Mack Erickson 231-564-2202 (Building Permits) . MSU is an affirmative-action, equal-opportunity employer. A neighbor of a property owner building a fence and dumpster enclosure sought a site plan approval for his neighbors activities. What's the difference between their role and that of a planning commission or zoning board of appeals? PDF Download: Zoning Ordinance restatement Nov 2019. . 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. Whereas townships, villages, and cities are considered municipalities, in many respects a county is not. **Premium Pass subscribers: This webcast is already part of your subscription. No statute specifically gives county commissions a general grant of authority to regulate or pass ordinances to protect the "health, safety, and welfare" of its population. Website - www.indianfieldstownship.org; Address - 1633 Mertz Rd, Caro, MI 48723; Phone - (989) 673-3416; Fax - (989) 673-8343; Township Hall . Can local governments regulate oil and gas development? 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. Townships will benefit from our monthly e-newsletter addressing topics that may affect their community. 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. Please explore and share. Each year the Michigan Department of Agricultural and Rural Development (MDARD) reviews the current GAAMPs and determines whether any revisions are necessary. The building owners applied to be rezoned for general commercial use. 2 . A company that owned an unlicensed medical marijuana dispensary sued the City of Lansing over a rezoning application denial. A complete list of all programs within the Department of Environment, Great Lakes, and Energy (EGLE), Resources and information on utilizing RRD's data exchange and the Inventory of Facilities. 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. To have a digest of information delivered straight to your email inbox, visit https://extension.msu.edu/newsletters. It is only when the difficulty becomes overly burdensome to the property that a variance may be granted by the ZBA to provide relief from the terms of the ordinance. 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. The five incorporated villages (Bellaire, Central Lake, Elk Rapids, Ellsworth, and Mancelona) and seven of the fifteen townships (Banks, Elk Rapids, Forest Home, Helena, Kearney, Milton, and Torch Lake) have their own zoning ordinances which are administered and enforced by a zoning administrator. The city zoning administrator and the planning board both recommended approval of the rezoning application. See Laketon Twp v Advanse Inc, 485 Mich 933, 773 NW2d 903 (2009). MSU is an affirmative-action, equal-opportunity employer. See John H Bauckham Trust v Matthew Petter, unpublished opinion of the Court of Appeals, issued September 19, 2017 (Docket No. 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. Comm, 103 Mich App 742, 746; 304 NW2d 1 (1981). He can be reached at (248) 720-5762 or at bhallaq@hirzellaw.com. 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. 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.. 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). 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. 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. The case in question dealt with a property owner who kept a number of animals on his residential property, in violation of the township zoning ordinance. We are often asked questions regarding the difference between an ordinance and a resolution. However, researchers at the University of Michigan Graham Sustainability Institute prepared a database of local zoning ordinances valid as of April 1, 2019. 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. 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