This decision is actually consistent with a 2009 decision of the Michigan Supreme Court. Well take you in-depth on common trouble All NEU townships must file ARPA report by April 30. 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. Otsego County Zoning Ordinance-Amended July 12, 2022 (PDF) County Policies. 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 convincing reasons why you might want a Backyard Office! Judge Murphy relied on the ordinances definition of family as persons who are domiciled together . The zoning board of appeals required the neighbor to pay $1,500 in escrow for the cost of professional and legal review of the zoning ordinance. 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. They attempted to frame the complaint so as to avoid it appearing as an appeal of the site plan approval. For more information, visit https://extension.msu.edu. Cities, villages and townships that have their own zoning ordinances do not fall under county authority. MSU is an affirmative-action, equal-opportunity employer. 1977-1978, No 5207, p 157 (June 24, 1977). There remains no central repository of local government adopted plans or police power ordinances. The Court of Appeals applied the doctrine to a townships procedures in repealing a zoning ordinance by a resolution. 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. Yes. Great Lakes Tiny Homes making headway in the news! For those Townships not currently doing so, this case demonstrates that Townships may validly exercise such authority to collect escrow fees. Aaron is the Michigan State Chapter Leader for the American Tiny House Association and is the Design and Construction Manager at Great Lakes Tiny Homes, LLC located in Michigan. Hours of Operation. A family-owned business in a Michigan Township, Cool Tiny Homes uses local materials to create tiny homes. This is an important part of the application process to provide the Planning Commission with sufficient information for meaningful review and approval. According to the Court, standing requires that a party have: (i) "a sufficient interest in the outcome of litigation to ensure vigorous advocacy" and (ii . For more information, visit https://extension.msu.edu. InfoMI.com has information for 1,254 townships. (Supp. Prior to joining the firm, Seth worked as an assistant prosecuting attorney for 7 years in the Oakland County and Kalamazoo County Prosecutors office prosecuting cases from simple retail fraud to criminal sexual conduct and assault with intent to murder. Others have ordinances available through the American Legal Publishing Corporation. We comply with the Federal Trade Commission 1998 Childrens Online Privacy Protection Act (COPPA). Phone: 616-896-8376 Fax: 616-896-7271. Jamestown Charter Township 2380 Riley St. Hudsonville, MI 49426. City of Detroit v City of Detroit Bd of Zoning Appeals, Michigan Court of Appeals (2019). Contact us or check out our resources to learn more. Zoning Board of Appeals; 911 Advisory Board; . What Does The New Tiny House Building Code RB 168-16 Appendix V Mean For Michigan? 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,. But what exactly does that include and where do they fit into your township's planning and zoning team? As demonstrated in this case, it is often important to consider the recommendations proffered by the planning commission and the zoning administrator. Our lawyers have more than 150 years of experience in township law, and have represented more than 150 townships across the state of Michigan. See John H Bauckham Trust v Matthew Petter, unpublished opinion of the Court of Appeals, issued September 19, 2017 (Docket No. The township board, intent on repealing the townships zoning ordinance, simply adopted a resolution to that effect. 342831). Okemos, MI 48864 state through the new Michigan Zoning Enabling Act, (PA 110 of 2006). 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. Municipal civil infraction and misdemeanor penalty options will also be discussed. In this months E-Letter we discuss whether a township can enforce its ordinances without involving a court. 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. 2010 Zoning Ordinance of Highland Township, Osceola County, Michigan For information contact the Highland Township Zoning Administrator, Chip Carouso . 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.. This is called a prior nonconforming use. A prior nonconforming use is a vested right in the use of particular property that does not conform to zoning restrictions, but is protected because it lawfully existed before the zoning regulations effective date. Lyon Charter Twp v Petty, 317 Mich App 482, 489; 896 NW2d 477 (2016). Township of Williamstown v Hudson, Court of Appeals (May 19, 2015) (unpublished). Addison T ownship Land Use. 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. 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. However, the homeowners filed a lawsuit against the Township in September 2017, seeking a court order allowing them to continue using their homes for short-term rentals under a legal doctrine called prior nonconforming use. The homeowners essentially asked to be grandfathered under the previous ordinance as Michigan law does not allow a municipality to enforce ordinances retroactively. Townships provide essential services to more than 51% of Michigans citizens, and deliver the best value for local services. Must be related to "county affairs" (e.g., internal operations of the county such as ordinances about county-owned land, buildings, facilities). However, researchers at the University of Michigan Graham Sustainability Institute prepared a database of local zoning ordinances valid as of April 1, 2019. Adoption of Michigan Electrical Code 2011-3 (PDF) Adoption of Michigan Building Code 2011-2 (PDF) . The GAAMPs are extensive, covering 7 farming topics over several hundred pages. 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. 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. A neighbor of a property owner building a fence and dumpster enclosure sought a site plan approval for his neighbors activities. When a new home is constructed, the owners do not expect to experience immediate problems. This information is for educational purposes only. The Court held that longstanding Michigan law required that an ordinance be repealed or amended with an action of equal dignity. The numbers must be attached so as to be visible from the street. We are involved in our communities, our profession, and our clients' associations and activities. 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. Check out the Sustainable Parks, Recreation & Tourism B.S. 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. Select a practice(s) below to receive the latest news and resources! (Detroit Edison Co. v. Township of Richmond, 150 MichApp 40, 47; 388 NW2d 296 (1986); People v. Strobridge, 127 MichApp 705, 708-709; 339 NW2d 531 (1983); and Michigan Attorney General Opinion no. Site plan approval is also a frequent action carried out by the Planning Commission as such review is performed on varied uses including: The site plan process from an applicants prospective requires the arduous task of verifying compliance with multiple chapters of the Township zoning ordinance as well as obtaining signed and sealed site plan drawings (also a part of the process that can increase costs). 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. Freedom of Information Act Information. 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 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. We publish periodic bulletins & newsletters, as well as provide presentations and seminars to our clients. Anticipating this action, County Staff assisted townships in adopting interim ordinances. This section provides zoning information for Highland Township, Michigan. In 2010, the Michigan Court of Appeals defined a persons residence as the place where a person has his home, with no present intention of removing and to which he intends to return after going elsewhere and that use of the property to provide temporary housing to transient guests is a commercial purpose. See Enchanted Forest Prop Owners Assn v Schilling, unpublished per curiam opinion of the Court of Appeals, issued March 11, 2010 (Docket No. Township Planning Commissions have a significant role in approving site plans (although sometimes final approval is vested in the Township Board). Whether the alleged difficulties prevent use of the property. It is not intended to be . stavelandj@michigan.gov The city council, however, rejected the request. The township had properly following the Michigan Zoning and Enabling Act. 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. Michigan Townships 1,240 local units of government that govern more than 96% of Michigan's land area, in which over 58% of Michigan's property values are located. 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. Fireworks Ordinance. . 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. Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. 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 Garfield case involved the interpretation of a zoning ordinance that addressed short-term rentals of residential properties in certain districts. Under Michigan law, unless the state statute says otherwise, a zoning decision must be appealed within 30 days. 15 . 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. It even became a model for use in the state. The township amended its zoning ordinance to allow for transient rentals as a conditional use. That county government does not have the power to adopt general ordinances has been subject to several Michigan attorneys general opinions (opinion No. . Some records are exempt from disclosure under the FOIA or another statute and thus will not be provided. Use tab to navigate through the menu items. This assumption might be made because a county government includes a large geographic area with several local governments. This limitation is not found above, but, rather, is the absence of state statute that delegated such authority to county government. Welgosh v City of Novi, Court of Appeals (March 19, 2015) (unpublished). 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. Those decisions must be rational and reasonable. The primary reason the building owners cited was that they were treated differently then the other property owners in the area. The Court of Appeals affirmed the trial courts decision. nicipalities (including townships), is essentially the original 1928 Zoning Act. This field is for validation purposes and should be left unchanged. But several years after its adoption someone challenged the ordinance arguing that a county does not have general ordinance making powers. This controversy over transient rentals caused the township to reconsider its position on transient rentals. Select a practice(s) below to receive the latest news and resources! 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. 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. This information is for educational purposes only. The Impact of Zoning or Ordinance Violations on The Sale of Do You Need to Be Licensed to Perform Residential Construction Services? 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. May 30, 2013. 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). Cities and villages have the broadest delegation of authority, townships are in the middle, and counties have the least. Yes. 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. The reader should consult an attorney to determine how the information applies to any specific situation. "The Marquette County Board of Commissioners rescinded the Countys Ordinance effective January 1, 1994. NOTE: Ordinances may have been passed but not yet codified, so check with your city clerk's office for the most updated information. He can be reached at (248) 720-5762 or at bhallaq@hirzellaw.com. Fahey Schultz Burzych Rhodes PLC, Your Township Attorneys, is a Michigan law firm specializing in the representation of Michigan 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. 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. In the last year, the Michigan Court of Appeals has already issued multiple decisions that impact planning and zoning within townships. 734-763-0726, Julie Staveland, EGLE In Michigan, local governments do not have authority to do anything unless the state legislature delegates that authority. Townships in Mackinac County [raw] [/raw] Please note that the listed websites are external to Mackinac County Government and are not maintained by the Mackinac County Government. 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. Therefore, the Court of Appeals ruled that the prior use of the properties by the homeowners under Ordinance 10 was prohibited. The Court found that the township could lawfully amend its zoning ordinance regardless of the longstanding history prohibiting transient rentals. Alert Center. - zoning districts and district regulations; division 5. Skip to main content. The Michigan Court of Appeals affirmed the lower court. Airport Zoning Ordinance; Airport Zoning Permit Application; Archived News; Board of Public Works; BOC Minutes/Agenda; Business Development; . Below are land use maps for Oakland County and its 62 cities, villages and townships. The Michigan Planning and Enabling Act seeks to have municipalities that have exercised their zoning powers to conduct a review of thei At Fahey Schultz Burzych Rhodes PLC, weve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. In most instances, the builder, rather than the building inspector, will be the party liable for any negligent construction. 301 W. Upton Ave. Reed City, MI. Okemos, MI 48864. Scan the QR Code below with your mobile device to view the Zoning Map or click the following link: Zoning Maps. 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. 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 townships zoning ordinance. 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