Quick Links. 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. Yes. 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. Last-minute. 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. This article was published by Michigan State University Extension. This position on transient rentals had caused some litigation as well as controversy. 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NOTE: Ordinances may have been passed but not yet codified, so check with your city clerk's office for the most updated information. 2010 Zoning Ordinance of Highland Township, Osceola County, Michigan For information contact the Highland Township Zoning Administrator, Chip Carouso . Cherry Grove Township Hall 4830 E M-55 Hwy Cadillac, MI 49601; at the rear of the fire station Office Hours: Weds. According to the Marqutte County Zoning plan, both townships currently do not have any zoning regulations. Why live in a TINY HOME? Township of Williamstown v Hudson, Court of Appeals (May 19, 2015) (unpublished). Accordingly, Michigan has taken a unique and rather firm stance on restrictions prohibiting short-term rentals. 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. We are often asked questions regarding the difference between an ordinance and a resolution. The Michigan Court of Appeals has recently affirmed this right to collect escrow fees (although not based on the plain language of MCL 125.3406). 287614), p 7. MI 49777. Municipalities have more authority, powers than counties, and can adopt police power ordinances. These fees are normally nominal and many times the application fee does not cover all costs incurred by Townships to process an application. - scope and title; division 2. The Court was not satisfied by the arbitrary reasons relied upon by the city to deny the rezoning. 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 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. PHONE: 517.381.0100 This field is for validation purposes and should be left unchanged. For more information, visit https://extension.msu.edu. Sorry, the comment form is closed at this time. 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. (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. 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. 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 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. 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. Sims Township 4489 E. Huron Rd. There remains no central repository of local government adopted plans or police power ordinances. In such an instance, the Court has upheld denying the issuance of a variance because the practical difficulty was self-created by the family. The city argued that a due process claim only applies to the overall validity of the zoning ordinance. 4151 Okemos Road 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. Finally, a county planning department may have a complete library of municipal and county plans and zoning ordinances within the respective county. 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 Court rejected the homeowners claims. Your townships zoning administrator is responsible for the overall administration of your zoning ordinance. Each year the Michigan Department of Agricultural and Rural Development (MDARD) reviews the current GAAMPs and determines whether any revisions are necessary. This assumption might be made because a county government includes a large geographic area with several local governments. 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. 6139, p. 90, March 30, 1983.). 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. Hours of Operation. 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. . 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. 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. When a new home is constructed, the owners do not expect to experience immediate problems. This is an important part of the application process to provide the Planning Commission with sufficient information for meaningful review and approval. Our lawyers have more than 150 years of experience in township law and have represented more than 150 townships across the state of Michigan. Woodhaven City, Wayne County. 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. A family-owned business in a Michigan Township, Cool Tiny Homes uses local materials to create tiny homes. 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 Court of Appeals applied the doctrine to a townships procedures in repealing a zoning ordinance by a resolution. The Garfield case involved the interpretation of a zoning ordinance that addressed short-term rentals of residential properties in certain districts. Michigan Ordinances & Code. 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 Township Hall Office Hours: Zoning Administrator Marsha Mahalak (989) 619-1089 320 E MAIN ST, LINCOLN, MI 48742. article 4. Cities, villages and townships that have their own zoning ordinances do not fall under county authority. has undergone no important changes since its adoption in 1921, but the zoning power was extended to counties in 1929. 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. Currently, those townships do not have any zoning regulations. This section provides zoning information for Highland Township, Michigan. Check out the Sustainable Parks, Recreation & Tourism B.S. Updated from an original article written by Kurt H. Schindler. In most instances, the builder, rather than the building inspector, will be the party liable for any negligent construction. Oakland Coun t y Land Use. - site development requirements; division 7. The population was 4,673 at the 2020 census. [and] that short term rentals or other transient uses are prohibited under Ordinance 10. This action by the board triggered the residents of the township to file suit, arguing a zoning ordinance could not be repealed by resolution. The Michigan Freedom of Information Act (FOIA) provides all persons (except persons incarcerated in correctional facilities) with access to public records of public bodies. Numbers must be NO LESS THAN 2 w x 3 h in a color which contrasts with their background. GREAT NEWS for Southern Michigan Tiny Home Owners- Newberg Township, Cass County Zoning Free Areas. We are involved in our communities, our profession, and our clients' associations and activities. 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. In this case, a development company purchased a 48-acre parcel of land to develop into a condominium complex. 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. One county who adopted this thinking produced a well written storm water and erosion control ordinance. Adoption of Michigan Electrical Code 2011-3 (PDF) Adoption of Michigan Building Code 2011-2 (PDF) . For those counties that have a planning department and made such a request, there would be a single source of zoning ordinances also. Otherwise, a court may reverse the Townships decision as the Court of Appeals did this year. Whether the alleged difficulties prevent use of the property. 1625838 [2] Website. - special land uses and site plan review; division 6. Is it true they have less discretion and can incur serious personal liability? 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. A townshipboardtypicallyconsists of a supervisor, treasurer, clerk, and two trustees. 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. Clam Lake Township, Wexford County. Must be related to "county affairs" (e.g., internal operations of the county such as ordinances about county-owned land, buildings, facilities). Some records are exempt from disclosure under the FOIA or another statute and thus will not be provided. May 30, 2013. The Court of Appeals recently addressed this issue when a homeowner sued a city, arguing that the city building inspector had negligently inspected a home, and that a proper inspection would have revealed that the builder had inadequately gauged the groundwater level of the property. Accountability & Transparency. The numbers must be attached so as to be visible from the street. Here is the excerpt from page 4 of the Marquette Zoning Plan. To have a digest of information delivered straight to your email inbox, visit https://extension.msu.edu/newsletters. 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 Rather, the township preferred to relinquish local zoning authority, permitting the county zoning ordinance to control. Addison T ownship Land Use. MSU is an affirmative-action, equal-opportunity employer. Bagley Township ORV Map (PDF) Bagley Township ORV Map 2 (PDF) Otsego Lake Township ORV Map (PDF) How to Establish a Prescriptive Easement in Michigan, United States Court of Appeals Resolves Dispute Concerning Constitutionality of Tree Ordinance. Please note that many records are available that do not require a formal FOIA request. 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. state through the new Michigan Zoning Enabling Act, (PA 110 of 2006). The company's target audience is Michigan hunters and outdoor adventurers, so they build their THOWs with a hook-up to your vehicle for a tough and rugged shelter at any time. Cemetery Ordinance Effective 2/1/2022. 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. Zoning - This maps displays the zoning designations within Waterford Township. . We are involved in our communities, our profession, and our clients' associations and activities. 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. 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