In Bauckham, the Court held that short-term rentals violated the residential use and the non-commercial use deed restrictions in a residential subdivision and issued an injunction banning short-term rentals. Short Term Rentals. . The Garfield case involved the interpretation of a zoning ordinance that addressed short-term rentals of residential properties in certain districts. Join us for an exclusive LIVE workshop for Michigan Municipal Officials Wednesday, December 7, 2022. Housing Amendment Summary. 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 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. The primary reason the building owners cited was that they were treated differently then the other property owners in the area. 342831). A recent decision from the Michigan Court of Appeals indicates that an appeal of a site plan approval must be filed within the 30-day window provided by MCR 7.122(B). 2010 Zoning Ordinance of Highland Township, Osceola County, Michigan For information contact the Highland Township Zoning Administrator, Chip Carouso . The Garfield case is another in a recent line of cases in Michigan upholding a restriction on short-term rentals. Zoning Map. Although these areas seem quite remote . Township regulations often address controversial topicsespecially true of zoning ordinances. 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. In most instances, the builder, rather than the building inspector, will be the party liable for any negligent construction. A. 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. 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 Handbook is intended to be a quick reference guide. The Court found that defendant, while able to satisfy the first requirement, could not satisfy the requirement that he be in compliance with GAAMPs. Currently, those townships do not have any zoning regulations. 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. Those decisions must be rational and reasonable. 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. - zoning board of appeals; division 8. In this case, a small rural township in the thumb of Michigan had enforced a zoning ordinance since 1956. Official website. Since the condominium associations appeal of the zoning decision was almost a year after the approval of the site plan approval, the circuit court dismissed the action. In 2015, the township passed a new ordinance called "Ordinance 68", which replaced Ordinance 10. Township Planning Commissions have a significant role in approving site plans (although sometimes final approval is vested in the Township Board). Since the trial court interpreted Ordinance 10 to prohibit short-term rentals, the homeowners argument that they had a prior nonconforming use and should be allowed to continue to rent under the new ordinance was rejected. For those counties that have a planning department and made such a request, there would be a single source of zoning ordinances also. Michigan Ordinances & Code. Must be related to "county affairs" (e.g., internal operations of the county such as ordinances about county-owned land, buildings, facilities). In Michigan, the current City and Village Zoning Act. Others have ordinances available through the American Legal Publishing Corporation. Notably, the purchase of the property is not the same as a subsequent owner whose family created the difficulty. 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). Adoption of Michigan Electrical Code 2011-3 (PDF) Adoption of Michigan Building Code 2011-2 (PDF) . In contrast, a resolution can be adopted at a public meeting, even if it is the same meeting in which the resolution is introduced, and no public hearing may be required. What's the difference between their role and that of a planning commission or zoning board of appeals? The Michigan Freedom of Information Act (FOIA) provides all persons (except persons incarcerated in correctional facilities) with access to public records of public bodies. Please explore and share. Can local governments regulate oil and gas development? Rather, the township preferred to relinquish local zoning authority, permitting the county zoning ordinance to control. Cemetery Reservation and Burial Fees Effective 2/1/2022. 1,240 local units of government that govern more than 96% of Michigans land area, in which over 58% of Michigans property values are located. 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. 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. When a new home is constructed, the owners do not expect to experience immediate problems. (Alan v. Wayne County, 388 Mich 210, 245; 200 NW2d 628 (1972). Below are land use maps for Oakland County and its 62 cities, villages and townships. Townships provide essential services to more than 51% of Michigans citizens, and deliver the best value for local services. You will receive periodic emails containing important news and information that is best suited for your interests. You may also find the "Definitions" tab especially useful. 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. - site development requirements; division 7. The Michigan Zoning Database is a helpful resource for exploring various standards and regulatory approaches related to small-scale and utility-scale wind and solar energy development. 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. Seth Koches is an attorney at Bauckham, Sparks, Thall, Seeber & Kaufman P.C. 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. Titling and Registering Your THOW in Michigan. Anticipating this action, County Staff assisted townships in adopting interim ordinances. Jamestown Charter Township 2380 Riley St. Hudsonville, MI 49426. InfoMI.com has information for 1,254 townships. German Magic Farm is violating zoning ordinances, Michigan, 12 replies nice small towns in IL/WI/MI, Michigan, 9 . 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. Addison T ownship Land Use. 4151 Okemos Road But what exactly does that include and where do they fit into your townships planning and zoning team? Forner v Allendale Charter Township Supervisor, Michigan Court of Appeals 2019 (unpublished). 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. Whether grant of a variance is the minimum action that will make the property useful. This resource is helpful for exploring which local governments have zoning and the types of regulations that exist around the state. GREAT NEWS for Southern Michigan Tiny Home Owners- Newberg Township, Cass County Zoning Free Areas. But one way to fulfill that responsibility is to contract with the county to provide enforcement services on behalf of the municipality. Select a practice(s) below to receive the latest news and resources! MSU is an affirmative-action, equal-opportunity employer. state through the new Michigan Zoning Enabling Act, (PA 110 of 2006). Judge Murphy relied on the ordinances definition of family as persons who are domiciled together . 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. Please note that many records are available that do not require a formal FOIA request. These fees are normally nominal and many times the application fee does not cover all costs incurred by Townships to process an application. Township, City, and Village Boundaries. There remains no central repository of local government adopted plans or police power ordinances. Stay up to date with all the latest legal news and resources by subscribing to our mailing list. Certain boards are excluded "when deliberating the merits of a . Kathleen Gray covers the marijuana industry for the Detroit Free Press. Waterford, MI 48329. AuGres, MI 48703 989-876-8631 Supervisor Robert Mackie Meets 3rd Tuesday every month @ 7pm www.simstownship.org; Standish Township 4997 Arenac State Rd. Please click the image below to view the interactive zoning district map. Birmingham Land Use. 734-763-0726, Julie Staveland, EGLE 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. Whether strict interpretation would result in practical difficulties. A fee may be charged to process your request. Wolverine Commerce v Pittsfield Charter Township, Michigan Supreme Court (2009). Scan the QR Code below with your mobile device to view the Zoning Map or click the following link: Zoning Maps. division 1. This information is for educational purposes only. Beverly Hills Village Land Use. They attempted to frame the complaint so as to avoid it appearing as an appeal of the site plan approval. - definitions; division 3. Northwest Michigan has long been defined by its extensive shorelines, small, quaint villages and cities, thick forests, clean water, and fertile farmland and orchards. The Court rejected the homeowners claims. This position on transient rentals had caused some litigation as well as controversy. Oakland Coun t y Land Use. 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. 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.. 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. Frequently Asked Questions (FAQs) Yes. The challenge seems to be finding municipalities that have no or very few zoning restrictions. 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. 1288 N. Sleeper Drive, Lincoln, MI 48742. With authority comes restrictions such as not being able to do what has not been delegated. 517-420-8544. 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. The process of adopting a master plan requires the county planning commission receive and review draft plans, and requires the county planning commission receive the final adopted master plan. The Court determined the inadequate inspection to be an omission, rather than an affirmative act; as such, there could be no inverse condemnation. 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. Finally, a county planning department may have a complete library of municipal and county plans and zoning ordinances within the respective county. 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. Berkley Land Use. 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. That county government does not have the power to adopt general ordinances has been subject to several Michigan attorneys general opinions (opinion No. Whether the alleged difficulties prevent use of the property. This communication highlights specific areas of law and is not legal advice. . Thus, because appellants prior rentals violated Ordinance 10, they do not qualify as a prior nonconforming use., The Court of Appeals also based its decision that short-term rentals were prohibited under the old ordinance by its use of the term residential occupancy. Although residential occupancy was not defined in the ordinance, the Court cited the Michigan Supreme Court case of OConnor v Resort Custom Builder, Inc, 459 Mich 335, 345-346; 591 NW2d 216 (1999) which excluded uses of a transitory nature from the definition of a residence. The OConnor case defined residence as a place where someone lives, and has a permanent presence, if you will, as a resident, whether they are physically there or not.. Your townships zoning administrator is responsible for the overall administration of your zoning ordinance. Fahey Schultz Burzych Rhodes PLC, Your Township Attorneys, is a Michigan law firm specializing in the representation of Michigan townships. It was not a good night for marijuana businesses in Michigan on Tuesday with voters in three out of four metro Detroit communities . Some records are exempt from disclosure under the FOIA or another statute and thus will not be provided. 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. Hours of Operation. 2 . 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. In Michigan, local governments do not have authority to do anything unless the state legislature delegates that authority. As a result, for example, a county does not have general ordinance-making powers (there are exceptions, see specifics below). 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. How to Establish a Prescriptive Easement in Michigan, United States Court of Appeals Resolves Dispute Concerning Constitutionality of Tree Ordinance. As demonstrated in this case, it is often important to consider the recommendations proffered by the planning commission and the zoning administrator. 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