Welgosh v City of Novi, Court of Appeals (March 19, 2015) (unpublished). In Michigan, local governments do not have authority to do anything unless the state legislature delegates that authority. The reader should consult an attorney to determine how the information applies to any specific situation. 6139, p. 90, March 30, 1983.). This case demonstrates that building inspectors and municipalities will not be found liable for faulty construction that was approved by the inspector if the subsequent harm caused to the homeowner is primarily the result of some other partys act. program! Okemos, MI 48864 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. Zoning Administrator Marsha Mahalak (989) 619-1089 320 E MAIN ST, LINCOLN, MI 48742. **. The Impact of Zoning or Ordinance Violations on The Sale of Do You Need to Be Licensed to Perform Residential Construction Services? Forner v Allendale Charter Township Supervisor, Michigan Court of Appeals 2019 (unpublished) Townships must have a rational basis to deny or approve rezoning applications. In this case, a small rural township in the thumb of Michigan had enforced a zoning ordinance since 1956. 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. As the trial court succinctly noted, "no landowner has a vested right in a continuance of a particular type of zoning." 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. 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. 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, Prior to this change in the zoning ordinance, the township had a longstanding history of prohibiting transient rentals in the township. The building owners brought a claim to circuit court stating that the denial of the rezoning application denied them due process. The homeowner argued that the failure of the city and its agent to adequately recognize and force correction of the ground water problem rendered the home virtually worthless, amounting to a taking by inverse condemnation. Resolutions, while applicable in many situations, are inappropriate for the purposes of amending or repealing township ordinances. Copy and paste this code into your website. - definitions; division 3. Forner v Allendale Charter Township Supervisor, Michigan Court of Appeals 2019 (unpublished). The Court was not satisfied by the arbitrary reasons relied upon by the city to deny the rezoning. 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. The Court determined the inadequate inspection to be an omission, rather than an affirmative act; as such, there could be no inverse condemnation. Check out the Sustainable Parks, Recreation & Tourism B.S. Please explore and share. Bingham Farms Village Land Use. 342831). 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 Sign . But one way to fulfill that responsibility is to contract with the county to provide enforcement services on behalf of the municipality. 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 . Bagley Township ORV Map (PDF) Bagley Township ORV Map 2 (PDF) Otsego Lake Township ORV Map (PDF) 627, enacted October 21, 2021. This communication highlights specific areas of law and is not legal advice. The Michigan Freedom of Information Act (FOIA) provides all persons (except persons incarcerated in correctional facilities) with access to public records of public bodies. For questions regarding the zoning ordinances, please contact the zoning administrator for the specific township or village directly. 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. Some records are exempt from disclosure under the FOIA or another statute and thus will not be provided. 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?. Gamut Group, LLC v City of Lansing, Michigan Court of Appeals 2019 (unpublished). 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). Check out the Sustainable Parks, Recreation & Tourism B.S. Whether granting the variance will be generally consistent with the public interest and purposes and intent of the zoning ordinance. state through the new Michigan Zoning Enabling Act, (PA 110 of 2006). Just short of one year later, a nearby condominium association (not the developer) sued the city for approving a site plan that did not comply with various statutes, codes, and zoning ordinances. 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. This information is for educational purposes only. 14 . The township residents, however, rejected the ordinance in a referendum. 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. For more information on the following, please click the documents below: Zoning Ordinance Zoning Map Fee Schedule Setbacks Demolition Plan S Houghton Lake Area 2017 Joint Master Plan CONTACT: Rob Christian Zoning Administrator Hours: M-F, 8:30-4:30 ordinance@roscommontownship.com (989) 422-4116 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. MILLEN TOWNSHIP Fraternal Order of Eagles Yes. Anticipating this action, County Staff assisted townships in adopting interim ordinances. 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.. We publish periodic bulletins & newsletters, as well as provide presentations and seminars to our clients. PHONE: 517.381.0100 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 Court found that the township could lawfully amend its zoning ordinance regardless of the longstanding history prohibiting transient rentals. Ann Arbor Charter Township is a charter township of Washtenaw County in the U.S. state of Michigan. Which communities are overhauling their off-street parking requirements? 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. 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. The local health department has ordinance making authority separate from the county board for matters having a direct effect on public health. This means there should be a rational basis as to why a certain zoning request is approved or denied. A company that owned an unlicensed medical marijuana dispensary sued the City of Lansing over a rezoning application denial. Please submit your email address to access the presentation. Can local governments regulate oil and gas development? The application fee is designed to cover the costs of the public hearing, publication notices for the hearing and adoption, and administrative costs. Northwest Michigan has long been defined by its extensive shorelines, small, quaint villages and cities, thick forests, clean water, and fertile farmland and orchards. 660 training mandate AND one for those whove already met the requirements for the two-year cycle. Housing Amendment Summary. Even so, this case is also a reminder that the inspection process performed by building inspectors is important and inspectors should strive to ensure that a newly constructed home is habitable in order to afford a level of protection to homebuyers. Fahey Schultz Burzych Rhodes PLC, Your Township Attorneys, is a Michigan law firm specializing in the representation of Michigan townships. - site development requirements; division 7. The city council, however, rejected the request. These fees are normally nominal and many times the application fee does not cover all costs incurred by Townships to process an application. 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 Garfield case is another in a recent line of cases in Michigan upholding a restriction on short-term rentals. 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. Yes. This year the Court of Appeals emphasized the importance of conforming to the GAAMPs. FAX: 517.381.5051, 2021 Fahey Schultz Burzych Rhodes PLC Sitemap. 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. Adoption of Michigan Electrical Code 2011-3 (PDF) Adoption of Michigan Building Code 2011-2 (PDF) . 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. 287614), p 7. Numbers must be NO LESS THAN 2 w x 3 h in a color which contrasts with their background. [3] The township borders the city of Ann Arbor and contains numerous exclaves, but the two are administered autonomously. 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. The reader should consult an attorney to determine how the information applies to any specific situation. Osceola County, MI. In September 2013, the Garfield Township Zoning Administrator expressed an opinion that the zoning ordinance then in effect, called Ordinance 10, permitted short-term rentals. 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). Suttons Bay Township, PO Box 457, 95 W. Fourth Street, Suttons Bay, Michigan 49682 Phone: 231-271-2722, Fax: 231-271-2773 . The Township should also be aware that the RTFA may provide a defense to that individual if he or she satisfies the necessary GAAMPs. Potential Tiny House Friendly Areas- Michigans Zoning Free Townships. 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. When a new home is constructed, the owners do not expect to experience immediate problems. 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. 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. 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. 4471, p. 639, March 15, 1946; and No. This months E-letter discusses decisions issued within the last year that impact site plan approvals, escrow provisions for zoning application review, rezoning decisions, and variances. nicipalities (including townships), is essentially the original 1928 Zoning Act. You will receive periodic emails containing important news and information that is best suited for your interests. Voters in 7 Michigan cities opt to keep marijuana businesses out. 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. The Court rejected the homeowners claims. Woodcreek of Ann Arbor Association v City of Ann Arbor, Michigan Court of Appeals 2019 (unpublished). As a result, for example, a county does not have general ordinance-making powers (there are exceptions, see specifics below). 8 am-12 pm, Fri. 8 am-12 pm . Ewing and Turin Townships opted not to adopt an ordinance upon expiration of their interim ordinance. 517-420-8544. Great Lakes Tiny Homes Zoning Intelligence-Volume 3: Potential Tiny House Friendly Areas- Michigans Zoning Free Townships. But what exactly does that include and where do they fit into your townships planning and zoning team? This decision is actually consistent with a 2009 decision of the Michigan Supreme Court. 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. Property owners may rely on the protections created by zoning ordinances, but may not seek court enforcement of such regulations without standing. The city argued that a due process claim only applies to the overall validity of the zoning ordinance. The 4-H Name and Emblem have special protections from Congress, protected by code 18 USC 707. 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 Thats right and were hosting two classes this year, one approved by the State Tax Commission to satisfy the P.A. Oakland Coun t y Land Use. Email: Email Us. . Our lawyers have more than 150 years of experience in township law and have represented more than 150 townships across the state of Michigan. 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. Cannot interfere in local affairs (e.g., what city, village or township ordinances may require). From the data collected here, you will learn: The database includes numerous tabs. 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. 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. Monday: 9:00 AM . This position on transient rentals had caused some litigation as well as controversy. Website - www.indianfieldstownship.org; Address - 1633 Mertz Rd, Caro, MI 48723; Phone - (989) 673-3416; Fax - (989) 673-8343; Township Hall . This action by the board triggered the residents of the township to file suit, arguing a zoning ordinance could not be repealed by resolution. Is it true they have less discretion and can incur serious personal liability? The Court affirmed a townships enforcement of its zoning ordinance that prohibited farming operations in a certain zoning district on the grounds that the farming operation failed to conform to applicable GAAMPs. However, researchers at the University of Michigan Graham Sustainability Institute prepared a database of local zoning ordinances valid as of April 1, 2019. Michigan House lawmakers in an overnight session Tuesday approved legislation in a 55-48 vote that would prohibit cities and townships from banning short-term rental housing. 342831). This article was published by Michigan State University Extension. Townships will benefit from our monthly e-newsletter addressing topics that may affect their community. Others have ordinances available through the American Legal Publishing Corporation. MI 49777. For a zoning determination please contact the Cheboygan County Planning and Zoning Department at (231) 627-8489. 1625838 [2] Website. In 2015, the township passed a new ordinance called "Ordinance 68", which replaced Ordinance 10. 4696, p. 197-200, November 25, 1970; No. That county government does not have the power to adopt general ordinances has been subject to several Michigan attorneys general opinions (opinion No. 46.11(j)). The Court agreed with the township, finding that the RTFA did not protect defendants farm from the townships zoning ordinances. The township board adopted an ordinance repealing the then-current zoning ordinance. At one point, while the township zoning ordinance clearly did not permit transient rentals, the Township also did not always enforce this portion of the ordinance. According to the Graham Sustainability Institute, the Michigan Zoning Database includes: Michigan requires zoning to be based on a plan (MCL 125.3203). 8 am-5 pm, Thurs. 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. Updated from an original article written by Kurt H. Schindler. In this case, a development company purchased a 48-acre parcel of land to develop into a condominium complex. Sometimes errors do occur that have a significant impact on the habitability of a home. This information is for educational purposes only. $30,000 - $90,000. Cities and villages have the broadest delegation of authority, townships are in the middle, and counties have the least. 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. This same principal applies to township resolutions. In Michigan, the current City and Village Zoning Act. In this months E-Letter we discuss whether a township can enforce its ordinances without involving a court. . This ordinance requires posting of street address numbers of all properties located in Manchester Township. stavelandj@michigan.gov The Garfield case involved the interpretation of a zoning ordinance that addressed short-term rentals of residential properties in certain districts. 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. We publish periodic bulletins & newsletters, as well as provide presentations and seminars to our clients. 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. Townships do not have to adopt ordinances that allow Apex to develop wind turbines based on its business model. In addition, please see A Citizen's Guide to Planning & Zoning in Northwest Michigan, a publication from Networks Northwest. In Garfield, a number of homeowners frequently rented out their homes for short-term intervals, usually for about one week in duration. The lakefront residents contended that they had a vested right in not allowing transient rentals near their property based on the 50-year history in which transient rentals were prohibited. Our job is hard, but our mission is simple: to protect Michigans environment and public health by managing air, water, land, and energy resources. 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. 11 x 17 Version (PDF) - Updated August 2020; . Those decisions must be rational and . Cherry Grove Township Hall 4830 E M-55 Hwy Cadillac, MI 49601; at the rear of the fire station Office Hours: Weds. 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. 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. Translate. Chase Township Hall 8264 E US 10 Chase, MI 49623 (231) 832-3018 Copyright 2012 by Lake County Terms Of Use Privacy Statement There remains no central repository of local government adopted plans or police power ordinances. Township of Williamstown v Hudson, Court of Appeals (May 19, 2015) (unpublished). Which communities have natural shoreline standards for surface water setbacks? Finally, a county planning department may have a complete library of municipal and county plans and zoning ordinances within the respective county. For those Townships not currently doing so, this case demonstrates that Townships may validly exercise such authority to collect escrow fees. Please note that many records are available that do not require a formal FOIA request. The Court rejected the homeowners argument, finding that there was no affirmative act by the city that caused the home to be virtually worthless. 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