Finally, a county planning department may have a complete library of municipal and county plans and zoning ordinances within the respective county. PHONE: 517.381.0100 In a Concurring Opinion, Judge Murphy of the Michigan Court of Appeals agreed with this decision but based on a different reason. Wed love to learn how we can help you, too. 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. Similarly, anyone who wishes to utilize residential property for investment purposes by renting the home on services such as Airbnb, VRBO, and Homeaway should carefully review the zoning ordinances of the municipality where the property is located. The difficult problem with the RTFA is the ever-changing GAAMPs. We are often asked questions regarding the difference between an ordinance and a resolution. The judge agreed, setting aside the county ordinance. But what exactly does that include and where do they fit into your townships planning and zoning team? Zoning Ordinances. Addison T ownship Land Use. For more information, visit https://extension.msu.edu. Okemos, MI 48864 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. The 4-H Name and Emblem have special protections from Congress, protected by code 18 USC 707. Zoning Ordinance. . 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. "The Marquette County Board of Commissioners rescinded the Countys Ordinance effective January 1, 1994. Alert Center. The Michigan Court of Appeals affirmed the lower court. 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. The Handbook is intended to be a quick reference guide. Township Planning Commissions have a significant role in approving site plans (although sometimes final approval is vested in the Township Board). But one way to fulfill that responsibility is to contract with the county to provide enforcement services on behalf of the municipality. Currently, those townships do not have any zoning regulations. This gives townships a strong defense against negligence claims in connection with faulty construction projects. Can local governments regulate oil and gas development? 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. ), In contrast to counties, cities, villages, and townships have broader police powers, giving them authority to adopt more kinds of ordinances. According to the Marqutte County Zoning plan, both townships currently do not have any zoning regulations. 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. 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 Email: Email Us. 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. In this case, a small rural township in the thumb of Michigan had enforced a zoning ordinance since 1956. Id. 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. 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). Check out the Environmental Economics & Management B.S. It lies 75 miles north of Grand Rapids and also 75 miles south of Traverse City. 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. Anticipating this action, County Staff assisted townships in adopting interim ordinances. There remains no central repository of local government adopted plans or police power ordinances. 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. The Court rejected the homeowners argument, finding that there was no affirmative act by the city that caused the home to be virtually worthless. Wyandotte City, Wayne County. The reader should consult an attorney to determine how the information applies to any specific situation. Cities and villages have the broadest delegation of authority, townships are in the middle, and counties have the least. Contact us or check out our resources to learn more. The Court held that longstanding Michigan law required that an ordinance be repealed or amended with an action of equal dignity. Which communities are overhauling their off-street parking requirements? The decisions that result from such litigation may require townships to consider tweaking or changing current practices. . 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. Ordinance #95-01 was adopted on January 10, 1995. Townships are required to review zoning applications and make decisions that are consistent with the language of the Zoning Ordinance. 4151 Okemos Road In most instances, the builder, rather than the building inspector, will be the party liable for any negligent construction. Phone: 248-674-3111. Marquette County and Missaukee County are two such examples. 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. 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. . 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. 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. Otsego County Zoning Ordinance-Amended July 12, 2022 (PDF) County Policies. Reference to commercial products or trade names does not imply endorsement by MSU Extension or bias against those not mentioned. Official website. Phone: 989-595-2752. The trial court ruled in favor of the Township on the basis that short-term rentals were not permitted under the old ordinance. In 2015, the township passed a new ordinance called "Ordinance 68", which replaced Ordinance 10. But what exactly does that include and where do they fit into your township's planning and zoning team? The primary reason the building owners cited was that they were treated differently then the other property owners in the area. The township had properly following the Michigan Zoning and Enabling Act. 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. That county government does not have the power to adopt general ordinances has been subject to several Michigan attorneys general opinions (opinion No. 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. program! For questions regarding the zoning ordinances, please contact the zoning administrator for the specific township or village directly. InfoMI.com has information for 1,254 townships. 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. and to unin-7. But several years after its adoption someone challenged the ordinance arguing that a county does not have general ordinance making powers. Waterford, MI 48329. Ewing and Turin Townships are located in Michigans central Upper Peninsula in the South East area of Marquette County. article 4. 287614), p 7. 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 end result is that Townships can impose escrow fees for zoning applications, including application for zoning permits and applications for variances or zoning interpretations. 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. 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. FAX: 517.381.5051, 4151 Okemos Road - zoning. 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. We are involved in our communities, our profession, and our clients' associations and activities. Municipalities have more authority, powers than counties, and can adopt police power ordinances. The company had owned a building since 2011. This controversy over transient rentals caused the township to reconsider its position on transient rentals. The Court of Appeals agreed. Department of Environment, Great Lakes, and Energy, Emergency Planning and Community-Right-to-Know, Remediation Information Data Exchange (RIDE), Michigan Environmental Health and Drinking Water Information System (MiEHDWIS), Oil, Gas, and Minerals Division Data Explorer (Dataminer), Freedom of Information Act (FOIA) Requests, https://dev.michigan.local/som/json?sc_device=json, Sign up for updates on a variety of environmental topics, Office of the Clean Water Public Advocate, Office of the Environmental Justice Public Advocate, Go to Water Operator Certification Programs, Go to Regulations, Laws, Rules, and Policies, Go to Emergency Planning and Community-Right-to-Know, SARA Title III-The Emergency Planning and Community Right to Know Act, Go to Remediation Information Data Exchange (RIDE), Go to Michigan Environmental Health and Drinking Water Information System (MiEHDWIS), Go to Oil, Gas, and Minerals Division Data Explorer (Dataminer), Go to MPART PFAS Geographic Information System, Go to Water and Wastewater Professionals Week, Go to Freedom of Information Act (FOIA) Requests, Go to State of Michigan Contact Directory, MiEnviro Portal formerly known as MiWaters, 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. 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michigan townships with no zoning