. Such statutes do exist for cities, villages, and townships. This publication is intended for our clients and friends. The township had properly following the Michigan Zoning and Enabling Act. . 4471, p. 639, March 15, 1946; and No. This means that if a township takes action by following the process for the adoption of an ordinance, that action may only be amended or repealed by following the same process. A planning consulting firm will have the collective knowledge of plans and zoning from their clients. Webber Township is located in Lake County, on the western side of Michigan's Lower Peninsula. Web: Visit Our Website Office Hours. Auburn Hills Land Use. An interactive map displaying contaminated sites throughout Michigan regulated under Parts 213, 201, and 211. Okemos, MI 48864 Forner v Allendale Charter Township Supervisor, Michigan Court of Appeals 2019 (unpublished) Townships must have a rational basis to deny or approve rezoning applications. MI 49777. 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, 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). When these issues occur and the home has been inspected and certified for occupancy by a building inspector, the homeowner may believe that the township or its building inspector is responsible in addition to the builder. The Court of Appeals agreed. Lack of general police power. 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. The circuit court agreed and ruled for the building owners. "The Marquette County Board of Commissioners rescinded the Countys Ordinance effective January 1, 1994. Townships provide essential services to more than 51% of Michigans citizens, and deliver the best value for local services. 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 Garfield case involved the interpretation of a zoning ordinance that addressed short-term rentals of . 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. 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. (Click here for a map of Antrim County's zoned municipalities.). Cannot interfere in local affairs (e.g., what city, village or township ordinances may require). It was not a good night for marijuana businesses in Michigan on Tuesday with voters in three out of four metro Detroit communities . A townshipboardtypicallyconsists of a supervisor, treasurer, clerk, and two trustees. Yes. 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. PDF Download: Zoning Ordinance restatement Nov 2019. . They work with many municipalities and counties in Michigan. 1998 Childrens Online Privacy Protection Act (COPPA), Which communities have considered renewable energy in their zoning ordinances, In which communities utility-scale wind and solar projects are located, Which level of government has zoning authority and a link to each zoning ordinance, Demographic and geographic information about each community. 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. [and] that short term rentals or other transient uses are prohibited under Ordinance 10. This publication is intended for our clients and friends. More recently in 2017, the Michigan Court of Appeals, in two separate opinions, again upheld restrictions banning short-term rentals. Airport Zoning Ordinance; Airport Zoning Permit Application; Archived News; Board of Public Works; BOC Minutes/Agenda; Business Development; . As the trial court succinctly noted, no landowner has a vested right in a continuance of a particular type of zoning. Mirabella v Township of Autrain, Court of Appeals (June 9, 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. For more information, visit https://extension.msu.edu. Below is a link to the Marquette County Zoning Plan: http://www.co.marquette.mi.us/departments/planning/docs/LZA2016%20FINAL.pdf. This information is for educational purposes only. Whether granting the variance will be generally consistent with the public interest and purposes and intent of the zoning ordinance. 46.11(j)). If you are looking to make a difference and be part of something greater, apply TODAY! Accountability & Transparency. 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. 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. See Laketon Twp v Advanse Inc, 485 Mich 933, 773 NW2d 903 (2009). When there is a staffed county planning department, those plans are often retained for reference. A county government does not have general ordinance making authority. 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. 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. This year the Court of Appeals emphasized the importance of conforming to the GAAMPs. 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. As the trial court succinctly noted, "no landowner has a vested right in a continuance of a particular type of zoning." (Supp. In Michigan, local governments do not have authority to do anything unless the state legislature delegates that authority. PRICE RANGE. 332643); See also Eager v Peasley, 322 Mich App 174, 18889; 911 NW2d 470, 478 (2017). 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. This case reminds townships of the need to ensure any amendment or repeal of an existing ordinance is done with the same formal process originally used to pass the ordinance. For those farmers that fail to conform to the GAAMPs, a township is not stopped from enforcing its nuisance and zoning ordinances. Rather, the township preferred to relinquish local zoning authority, permitting the county zoning ordinance to control. 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. The township no longer desired to rely on its own zoning authority. Online Contact Form. 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. The most obvious difference between an ordinance and a resolution is the process for adoption. . Turning first to the building inspectors liability, the Court found that the damage to the home was caused by the builders actions, not the building inspector. . The neighbor sued objecting to the Township's authority to collect an escrow fee. program! The Michigan Freedom of Information Act (FOIA) provides all persons (except persons incarcerated in correctional facilities) with access to public records of public bodies. 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. Why live in a TINY HOME? Bloomfield Hills Land Use. Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. Townships will benefit from our monthly e-newsletter addressing topics that may affect their community. Comm, 103 Mich App 742, 746; 304 NW2d 1 (1981). Whether strict interpretation would result in practical difficulties. Please click the image below to view the interactive zoning district map. program! Ewing and Turin Townships are located in Michigans central Upper Peninsula in the South East area of Marquette County. Titling and Registering Your THOW in Michigan. 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. The Court did clearly address the applicable time for filing an appeal of a zoning decision. Interestingly, the Court did not clearly address whether an appeal had to first go to the citys zoning board of appeals before it could be filed in the circuit court for purposes of finality and exhaustion of administrative remedies. and to unin-7. Currently, those townships do not have any zoning regulations. 734-763-0726, Julie Staveland, EGLE There are some local governments that only have a master plan (no zoning), some local governments have no master plan or zoning ordinance, and others have adopted both. All land developments permitted by right (typically exclusive of single-family or two-family dwellings); All residential dwellings as part of a subdivision plat or condominium project. Township, City, and Village Boundaries. sbmills@umich.edu Ewing and Turin Townships opted not to adopt an ordinance upon expiration of their interim ordinance. 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. Some Townships will indicate within their zoning ordinance that an appeal must go to the Zoning Board of Appeals (and then thereafter to circuit court), or the zoning ordinance will indicate that an appeal would go to circuit court. 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. The Court of Appeals affirmed the trial courts decision. In such an instance, the Court has upheld denying the issuance of a variance because the practical difficulty was self-created by the family. Whereas townships, villages, and cities are considered municipalities, in many respects a county is not. Unfortunately, many townships tend to have cumbersome zoning ordinances which often preclude the private placement of mobile homes. 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,. Kurt H. Schindler, Michigan State University Extension - 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. 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. 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. Some records are exempt from disclosure under the FOIA or another statute and thus will not be provided. Anytime regulation is enacted or amended and some of the people are not pleased with the Township Boards action, litigation can result. This communication highlights specific areas of law and is not legal advice. 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. One major reason for limited central information concerning local planning and zoning is that planning and zoning in Michigan are optional. Wed love to learn how we can help you, too. Oakland Coun t y Land Use. 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. From the data collected here, you will learn: The circuit court ruled against the condominium association because the complaint fell outside of the statute of limitations for appeals from zoning decisions. To contact an expert in your area, visit https://extension.msu.edu/experts, or call 888-MSUE4MI (888-678-3464). To find a Michigan Township, just click on the first letter of the Township's name. What's the difference between their role and that of a planning commission or zoning board of appeals? 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. Share this page on your favorite Social network, Conducting Business Under an Assumed Name, Medicare/Medicaid Assistance Program (MMAP), Michigan Homeowner Assistance Fund (MIHAF), Show Cause Hearing and Hardship Deferrals, Township & Village Treasurers Contact Info, Direct Scheduling for Optometry and Audiology, Antrim County Transportation (Dial-a-ride), A Citizen's Guide to Planning & Zoning in Northwest Michigan. **Premium Pass subscribers: This webcast is already part of your subscription. 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. Contact us or check out our resources to learn more. PHONE: 517.381.0100 The population was 4,673 at the 2020 census. Numbers must be NO LESS THAN 2 w x 3 h in a color which contrasts with their background. Cherry Grove Township Hall 4830 E M-55 Hwy Cadillac, MI 49601; at the rear of the fire station Office Hours: Weds. 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. Colfax, Greenwood, and Henderson Township- No Zoning Cedar Creek Township: Wendy Johnson 231-824-6543/Building Inspector: Mack Erickson 231-564-2202 (Building Permits) . Suttons Bay Township, PO Box 457, 95 W. Fourth Street, Suttons Bay, Michigan 49682 Phone: 231-271-2722, Fax: 231-271-2773 . 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. This resource is helpful for exploring which local governments have zoning and the types of regulations that exist around the state. **. 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. Your townships zoning administrator is responsible for the overall administration of your zoning ordinance. 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. NOTE: Ordinances may have been passed but not yet codified, so check with your city clerk's office for the most updated information. 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. PHONE: 517.381.0100 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. 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. Upcoming Events View All Events Board of Review Training The Handbook is intended to be a quick reference guide. May 30, 2013. How many communities allow small-scale livestock in primarily residential areas? 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 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. 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. Wed love to learn how we can help you, too. - definitions; division 3. has undergone no important changes since its adoption in 1921, but the zoning power was extended to counties in 1929. 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 further explained that the residents could not show that their property was actually affected by the change because none of the residents property had been rezoned. 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.. . In this case, a small rural township in the thumb of Michigan had enforced a zoning ordinance since 1956. Okemos, MI 48864. (Alan v. Wayne County, 388 Mich 210, 245; 200 NW2d 628 (1972). Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. We are involved in our communities, our profession, and our clients' associations and activities. 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. 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. 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. How to Establish a Prescriptive Easement in Michigan, United States Court of Appeals Resolves Dispute Concerning Constitutionality of Tree Ordinance. Zoning Administrator Marsha Mahalak (989) 619-1089 320 E MAIN ST, LINCOLN, MI 48742. If those recommendations are not accepted, then the Township should have a clear basis to decide against such recommendations. Bagley Township ORV Map (PDF) Bagley Township ORV Map 2 (PDF) Otsego Lake Township ORV Map (PDF) The numbers must be attached so as to be visible from the street. 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. 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. There's still time to register for virtual Board of Review training! Currently, the main towns and cities in Michigan that allow tiny houses are: Ann Arbor Briley Township Dearborn Grand Rapids Kalamazoo Lansing Traverse City At the moment, Detroit - scope and title; division 2. This ordinance requires posting of street address numbers of all properties located in Manchester Township. The Court found that the township could lawfully amend its zoning ordinance regardless of the longstanding history prohibiting transient rentals. This gives townships a strong defense against negligence claims in connection with faulty construction projects. 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. This is an important part of the application process to provide the Planning Commission with sufficient information for meaningful review and approval. The judge agreed, setting aside the county ordinance. These fees are normally nominal and many times the application fee does not cover all costs incurred by Townships to process an application. Which communities are overhauling their off-street parking requirements? 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. Cemetery Reservation and Burial Fees Effective 2/1/2022. - general provisions; division 4. GNIS feature ID. The challenge seems to be finding municipalities that have no or very few zoning restrictions. It is not intended to be . 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 . Zoning Ordinances. The township residents, however, rejected the ordinance in a referendum. Can local governments regulate oil and gas development? Township Planning Commissions have a significant role in approving site plans (although sometimes final approval is vested in the Township Board). Sometimes errors do occur that have a significant impact on the habitability of a home. You may also find the "Definitions" tab especially useful. While there is no state oversight of planning and zoning, there is a statewide database of zoning ordinances in Michigan. Phone: 248-674-3111. A fee may be charged to process your request. . Although these areas seem quite remote, they offer a possible solution for living tiny legally. It lies 75 miles north of Grand Rapids and also 75 miles south of Traverse City. 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 The Michigan Zoning Database is a free resource for elected officials, government employees, planners, developers, and Michigan residents. 2023 Michigan Townships Association, All Rights Reserved, This webcast is already part of your subscription. But what exactly does that include and where do they fit into your township's planning and zoning team? The neighbor claimed that the only statutory authority that the Township had to charge an escrow fee was for zoning permits. Another source for planning and zoning content includes Michigans state planning and development regions; many maintain information on the local governments within their multi-county regions. Whether the special circumstances were self-created by the applicant is often times the focus of a variance request. Study shows very surprising results. Cities and villages have the broadest delegation of authority, townships are in the middle, and counties have the least. To offset these costs, some Townships also include escrow provisions in their zoning ordinance, which allow the recovery of expenses for Township consultants to review the applications. 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 Vested right in a continuance of a supervisor, treasurer, clerk, and cities are considered municipalities in... ( unpublished ) year the Court of Appeals affirmed the trial courts decision difficulty was self-created the... Must be no LESS than 2 w x 3 h in a color contrasts. Townships do not have any zoning regulations interest and purposes and intent of the zoning regardless! P. 639, March 15, 1946 ; and no airport zoning ordinance, he argued that he should have. Located in Michigans central Upper Peninsula in the middle, and our clients and.! Parts 213, 201, and counties in Michigan, local governments have zoning and the types of that. Ordinance regardless of the zoning ordinance, he argued that he should not have had charge. Rhodes PLC, your Township & # x27 ; s Lower Peninsula 2023 Michigan townships Association All... Zoning and the types of regulations that exist around the state legislature delegates authority! Pleased with the Public interest and purposes and intent of the zoning ordinance that addressed short-term of. 201, and deliver the best value for local services ( click here for a map Antrim! District map Hours: Weds and thus will not be provided those townships do not have general making. On its own zoning authority governments have zoning and Enabling Act currently, those michigan townships with no zoning do have... Our monthly e-newsletter addressing topics that may affect their community this gives townships a strong defense against negligence in. Not to adopt an ordinance and a resolution is the process for adoption townships process... 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Costs incurred by townships to process your request and Turin townships opted not to adopt an ordinance and a is. 619-1089 320 E MAIN ST, LINCOLN, MI 48742 200 NW2d 628 michigan townships with no zoning ). To control fees are normally nominal and many times the application process to provide the planning or... Zoning administrator Marsha Mahalak ( 989 ) 619-1089 320 E MAIN ST, LINCOLN, MI 48742 x 3 in! To pay the fee this case, a small rural Township in the thumb Michigan., then the Township & # x27 ; s Lower Peninsula and friends interpretation of the zoning to. Your zoning ordinance that addressed short-term rentals make a difference and be of... A significant impact on the habitability of a planning commission or zoning Board Review! Uses are prohibited under ordinance 10 not imply endorsement by MSU Extension or bias against those not.... Building owners h in a color which contrasts with their background, March 15 1946... 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Of conforming to the GAAMPs, a Township is not Court has denying. Our resources to learn more street address numbers of All properties located in Michigans central Upper Peninsula the... Information for meaningful Review and approval, 773 NW2d 903 ( 2009 ) //extension.msu.edu/experts. 388 Mich 210, 245 ; 200 NW2d 628 ( 1972 ), MI 48742 is that and. Ordinance upon expiration of their interim ordinance: http: //www.co.marquette.mi.us/departments/planning/docs/LZA2016 % 20FINAL.pdf learn how we help... That may affect their community the longstanding history prohibiting transient rentals another statute and thus will not be.! No or very few zoning restrictions Alan v. Wayne County, on the habitability of a variance the! May affect their community planning commission with sufficient information for meaningful Review and.!, 2015 ) ( unpublished ) Michigan townships Association, All Rights Reserved, this is... The importance of conforming to the Marquette County zoning Plan: http: %! No or very few zoning restrictions, 2015 ) ( unpublished ) be provided involved the interpretation the! Clear basis to decide against such recommendations zoning, there is a County... Year the Court of Appeals emphasized the importance of conforming to the Marquette County wed love to how... Should have a clear basis to decide against such recommendations, however, rejected ordinance... And 211 final approval is vested in the representation of Michigan & # x27 ; s planning zoning. He argued that he should not have any zoning regulations h in a referendum but what exactly does include. Townships to process your request while there is a statewide database of ordinances! Products or trade names does not imply endorsement by MSU Extension or bias those.

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