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| Land Use Questions and Answers, Zoning (other) |
| Have a question on land use, planning, and zoning? Please email it to: schindl9@msu.edu . Please tell me what county you are from. |
| A large part of Extension's service is to respond to email questions on land use, planning, and zoning. This page contains questions which are among the more common ones received. The questions and answers here are compiled from those I have received/responded to, and those I have participated in discussion with on the Michigan Society of Planning discussion board. | The materials here, are written for the specifics of planning and land use law in Michigan. | Please send your comments and suggestions to me, to make these pages a better service for you. Send to schindl9@msu.edu . |
| Topic | Question | Answer |
| Bed and Breakfast | We own the Carriage
House Bed & Breakfast. Presently no zoning ordinance covers
B&B or our activities. The township planner has asked me to provide
some suggested regulations to add to the zoning ordinance to cover B&B
and thus cover any complaints that come to the Township. Do you
have any info which could help me out? (March 31, 2003) |
See a pamphlet
Bed
& Breakfast Zoning: A Guide to Regulations . One can write zoning to say anything they want it to say about a particular land use, such as B&B, within certain limits. Generally I have seen B&B handled one of three ways: 1. Not singled out as a particular use, but simply allowed as a home occupation --which means it must comply with whatever the provisions for home occupations are in the zoning ordinance. 2. Not singled out as a particular use, but simply allowed as part of what is defined as a motel or hotel --which means it must comply with whatever the requirements are for motel/hotel. 3. Singled out as a particular use, thus "Bed and Breakfast" is listed as a permitted use or special use in specific zoning districts. I have also seen zoning ordinances which do both #1 and #2, above. The home occupation being the small one or two room operation. This is probably the most popular often found in residential districts. There would be many examples. The B&B as a bigger lodging business 'looking, feeling, and talking like a motel/hotel'. An example would be the Hotel Frankfort in Frankfort Michigan. It is a hotel. It calls itself and operates as a B&B. My preference (bias) is to avoid when ever one can creating an entire set of regulations for a specific type of land use (like B&B) but rather have similar regulations that apply to similar land uses (such as home occupations, lodging businesses) regardless of which type of home occupation or lodging they are. But there is a significant number of communities which select #3, above, to address concerns raised by neighbors and B&B owners to spell out an agreement/compromise which is facilitated. ----Kurt H. Schindler |
| Home Occupation: employees | In our ordinance, a Home Business is a special land
use that allows no more than three employees. This particular business
I am dealing with has 5 to 7 “contracted” employeesit
is a trucking company. He is arguing that they are contracted so they
are not employees. Wasn’t there a court case about this in the past
2 years? (May 15, 2006) |
It is on page 16 of A policy brief on planning and zoning court decisions, attorney general opinions for May 2004 to April 2005. This, and other annual summaries of court cases are found at this web page. |
| Cottage Industry | I have a township that wishes to have some form of "cottage industry" provided for in their zoning. They already have "home occupation" which must meet a standard of no external visible evidence other than the sign and within one's dwelling. But now they wish to have (probably by special use permit) something in between commercial/industrial and home occupation. We are calling it "cottage industry". Have others done something like this? Can you share zoning language? Can you provide some narrative on how well it has worked, which zoning districts it is allowed in, etc. | Traverse City has done work
in this area (Russ Soyring) for stuff like this for villages.
I could envision mixed use center areas for hamlets also - I wonder
if some areas in some of the old New England states could be doing something
like this - Live above your business type of thing. Just off the
top of my head - I am not sure it would be appropriate for the middle
of a purely residential area - but for houses that face a main street
or highway - why not? Also maybe for farmers...
Emmet County has "Home Occupation"
and Commercial or Business. It is a sticky wicket to start small
businesses in residential districts. Think about signs, invasive
traffic, delivery trucks, lights and activity that
is annoying to a residential environment, perhaps even later in the
evening. In rural farm forest districts the story is a little
different because of larger lots and typical farming/forestry
uses ( sawmills, contractors home bases, gravel extraction, active farms,
etc. ). However, we a still restrictive on retail uses outside
the Home Occupation sphere. Benzie County only treats
them as home occupations. Our policy has been different with Agriculture.
Products like honey, fruit stands, etc., are treated as part of the
agriculture. operation and are exempt from local zoning. We have also
stretched the home occupation standards to allow for artists and related
small retail sales. I checked with our Assistant
Zoning Administrator and he explained how we handle those situations
here in Marquette. A few years ago, the Planning Commission adopted
language that added a section, Uses Subject to Approval to all
residential districts. This section allowed home offices to be granted
administratively with a permit, fee, and adherence to the regulations
provided for in the ordinance. Uses that would fit into cottage
industry are handled as a conditional use and require approval from
the Planning Commission. Some of the conditional uses here include mail
order business, muffin mix manufacturing, gunsmiting and woodworking.
Kept in check with required conditions, most of these businesses operate
without complaint by adjacent homeowners Eaton County has Home Occupations
(completely inside the home, ONLY resident occupants), Home Business
(in accessory structures with some outdoor storage and/or display),
and we have proposed a Home Office category to be added to the ordinance,
to cover business in a home that is not only the resident occupants,
such as a mobile type business where the secretary or bookkeeper comes
to the business owners home office each day to work, but the crews are
dispatched directly to work sites. Hope you find it useful!
|
| Mobile Homes | Can mobile homes legally be zoned out of all districts
except for a mobile home park zone? In other words, can a Village differentiate
between mobile homes and single family homes? Related to that is where
would modular homes fit into this mix? (July 5, 2001) |
No. Michigan Supreme
Court (Robinson Twp v Noel (sp?) ruled that one can not discriminate
against a dwelling purely on the basis of how, or where it is made.
Any regulations for dwellings must apply equally to all forms of housing.
So all construction types must be allowed anywhere where dwellings are
permitted. By construction types I mean stick built (traditional
2X4 frame), log, modular, module, mobile home, straw bail, etc.
You can have any dwelling regulations so long as it does not, in effect, result in the exclusion of a construction type. So as long as some one, somewhere makes a mobile home that would meet your zoning standards, the regulation is okay. For example a large minimum floor area (1,000 sq. ft.) and a minimum width of 20 feet, would be okay, as double-wide mobile homes could meet the standard. ----Kurt H. Schindler |
| Signs | Where can I get information
on regulating signs? (March 31, 2003) |
A resource you
might try is American Planning Association's
Book Store or Planning Advisory Service. There is a PAS report No. 354
titled, The Mechanic of Sign Control, its a good primer to
help prepare you on the issues. There is also a book titled, Street
Graphics and the Law, this book has a few pages on traffic speed related
to signs. You might contact a traffic engineer or your friendly road commission and see if the have a copy of American Association of State Highway and Transportation Officials 's "Green Book" or properly titled, A Policy on Geometric Design of Highways & Street. There is a section concerning signs in there. -----Jay W. Cravens
If you are interested in the relationship between traffic speeds and
private property commercial advertising, I would suggest the book, Street
Graphics and the Law. It's written by Daniel Mandelker and
William Ewald. Michigan Society of Planning
has a very good
publication : Sign Regulation: An Overview of the Issues
and Alternatives . The Society's web page says it is
the most comprehensive and up-to-date book on sign regulation.
Includes legal consideration, types of signs, basic approaches and principles
for local sign controls, ordinance components and variances. 69
pages. In the APA- PAS publication Context Sensitive Signage
Design that you can download from the
APA website has information on it. There is a chart on page
25 titled "The relationship between vehicle speed, legibility distance,
setback, and height." I always refer to Street Graphics by William
R. Ewald, Jr., published and distributed by the
American Society of Landscape Architects Foundation . There
is a chart on pages 52-53 which shows number of lanes, design speed,
reaction time, letter height, and sign area for commercial/industrial
or institutional/residential use. I am not sure where they got
their information, but Shelby Township in Macomb County uses a sliding
scale for sign size based on speed limit, and number of traffic lanes.
You may contact them and find out how they set the numbers?
|
| Oil & Gas Processing Plant | We are now being faced with the possibility of a gas
processing plant on a property adjoining my property. My township
does not have language to regulate a processing facility and I would like
to encourage them to amend their ordinance to address the issue.
Are you aware of good language for processing facilities in any ordinances?
If so could you please point me in that direction. Any help you
can provide would be greatly appreciated. (June 19, 2002) |
The
Benzie County Planning Department has copies of Background
Issues White Paper, Antrim Shale Formation; Local Land Use Issues Related
to Gas Wells and Processing Facilities Benzie-Manistee Oil and Gas
Task Force, December 1995 by Wyckoff and Warbach.
When you say "gas processing plant" what do you mean? Zoning has jurisdiction over sour gas removal operations (H2S). But there is a good deal of debate over the jurisdiction of a gas compression plant. Need to know which you are talking about, and then need to read the White Paper carefully. Also see Filer Charter Township (Manistee County), or other township zoning ordinances in Manistee County) for sample zoning on this topic. -----Kurt H. Schindler |
| Mine reclamation | Where can I find information on zoning
for mines, and mine reclamation? (March 31, 2003) |
Two great point of contacts
would be MSU Planning Program and Michigan Tech. in Houghton/Hancock.
They are the two primary schools on this subject. You can also check
back issues of "Planning and Zoning News" on the Web as they did a special
report on the subject a few years back. ----Terry A Moultane MSU
Library should have material. Check MAGIC
web page. Use keywords "mined and reclamation". The
PLA Library also has vertical files (not on MAGIC) on all aspects of
mining. MSU Prof. Jon Burley has just written a book on the topic
also. Download this file for a Best Management Practices for Reclaiming Surface Mines in Washington and Oregon. Also try this web site and this one . The state of Wisconsin has
done a very good job in this area (especially with gravel pit type mining)
both in practice and with language in local ordinance/zoning that requires
the same. Try Wisconsin DNR or University of Wisconsin Extension
land use web pages. |
| Setbacks | Why there are setbacks, especially the
front setback, other than the obvious one of keeping away from the road...is
there a really good rational reason for setbacks? If I want to build
my house next to the road, so what?" (March 31, 2003) |
In urban settings
setbacks provide for light, air, access around buildings and access for
emergency response. In rural areas the reason might be to make sure the setback is far enough back from the edge of the road that the "throw" from snow plows does not go back as far as the setback line. Communities have literally gone out and measured the distance snow was thrown back by snow plows. One might pick a particular day when there is a hard crusty snow, that would result in hard solid ice-like objects being tossed off the road. In one county the following numbers were found: Front Yard - The minimum front setback shall not be less than ___________ (__) feet from the front property line, or __________[X+33]_ (__) feet from the centerline of the road, whichever is greater. The setback distance is based on measurements of the distance snow is thrown back from the edge of a county-plowed road by snow plows; an average of fourteen (14) meters (46 feet) and a mean maximum twenty five (25) meters (82 feet) from the centerline of the road. "Front Yard" would be any yard which is contiguous to a road. It is possible to have more than one yard. Other considerations would include open space, rural character, etc. For these reasons, doing a study to determine the character of the area, and how the front yard setbacks contribute to that character would be necessary. Then derive your setback distances from that analysis. Regardless of the reason, it should be in the community's plan (or a technical appendix, or some other document). -----Kurt H. Schindler |
| Waterfront Zoning | Do you know where there is
or have access to good zoning regulations for development along waterfronts
(rivers). Our current ordinance has nothing to regulate buildings along
our river except requiring compliance with our standard residential requirements.
Specifically, I am interested in setbacks, greenbelt requirements, docks, boat house regulations, etc. We have been hurt a couple of times and have an issue currently brewing that I do not want repeated so if you could point me in a direction I would appreciate it. (September 5, 2001) |
The answer is "Yes."
However, the question is way too general. What is trying to be accomplished?
(vegetation greenbelt; setback, and public walkway; controlling runoff;
etc. etc.) The detailed answer depends a great deal on what you
consider to be "good" and what you are trying to accomplish. (Sort
of like what Alice in Wonderland got as an answer when she asked the cat
which way she ought to go from here. The Cheshire Cat replied that
it depends a great deal on where Alice wanted to go to.)
That brings us back to the old lecture of "Planning Before Zoning": A community does a plan, so that it has community consensus on where it wants to go, then maps out the route to take to get there (i.e. the type tax, capital improvements, police power (zoning and other ordinances), land purchases/sale policies to adopt. ----Kurt H. Schindler |
| Keyhole Development | I'm contacting you about Keyhole waterfront access.
Could you give me an example of a common keyhole access ordinance or anything
you would suggest to add (or delete)? (May 15, 2006) |
The following resources should
help. 1. Filling the Gaps (DEQ website to order) has some help on them. In Appendix I it has sample keyhole development regulations provided by Gerald A. Fisher, Esq of Kohl, Secrest, Wardle, Lynch, Clark & Hampton. This was written in November 1994. 2. For newer samples, check with Wisconsin Lakes Association. They have done some work on this. There are many Wisconsin counties that regulate keyhole development. 3. Community Planning Handbook: Tools and Techniques for Guiding Community Change is a Michigan Association of Planning publication with some material on it: 4. Protecting Inland Lakes, A Watershed Guide by John D. Warbach and Mark A. Wyckoff published by the Michigan DNR in 1990. 5. Regulating Keyhole Development: Carrying Capacity Analysis & Ordinances Profiding Lake Access Regulations available from The Planning & Zoning Center at MSU; 715 N. Cedar Street Lansing MI 48906-5206 ph (517) 886-0555 fax (517) 886-0564. Material about this publication says: "Keyhole" development (also known as "funnel" development) is the use of a waterfront lot as common open space for waterfront access for a larger number of users than are typical for a single family, lake front lot. These users could reside or temporarily stay in dwellings, tents, or travel trailers away from the waterfront (on a beach lot or adjoining parcel) or could park and launch a boat as at a public access site. If unchecked, a proliferation of keyhole developments could dramatically alter both the surface use characteristics and appearance of a lake. There is much that can be done to protect inland lakes from the negative impacts of keyhole development. This guidebook explains what and how. Model ordinance language (written by noted land use attorney Gerald Fisher) to regulate boat access is included as a part of this report. An essential step in the process of adopting ordinances to regulate boat access, is, however, the preparation of a carrying capacity analysis of the lake to be regulated. The carrying capacity analysis explained in the report, takes the reader through a step-by-step process to establish a maximum number of boats for a particular lake that can be accommodated under normal peak conditions before water quality and recreational safety are seriously threatened. This maximum use level needs to be allocated to riparians and non-riparians who have lawful access through reasonable regulations on the number of boats or docks per riparian property and a community decision on reasonable multi-boat access. Carrying Capacity Analysis and Ordinances Providing Lake Access Regulations are available in hard copy for $40.00 or on computer disk for $20.00. at the address above. 6. One of the Muskegon Townships, Laketon has an ordinance in place that has worked for them see 'Section 14.06 Funneling'. 7. Also contact Charlevoix County Planner Larry Sullivan who has had quite a bit of experience with this: sullivanl@charlevoixcounty.org |
| Boat Docks, Boat Houses, and Enclosed Docks | Is there any controlling State or local agency that
regulates the size, extent, spacing, and/or length of boat docks (Boat
Houses, and Enclosed Docks) or is that up to local zoning?
(July 5, 2001) |
Yes and no. The "yes"
part: State laws on inland lakes and streams and great lakes shorelines
(DEQ permits) will regulate the placement in and fill of water bodies.
Federal laws (Clean Water Act, shipping) will regulate placement within
the water for purposes of protecting navigation, wetlands, etc. etc. (permits
from the U.S. Corps of Engineers). The DEQ and Corps have done a
very good job of coordinating their permits so one just applies to one
(fills out one form, etc.) and the permit review is coordinated and processed
by both agencies. [A good example of one-stop-shopping and good
public service.] So in as much as boat docks, boat houses, and enclosed
docks are in the water, result in fill of a lake or stream, these regulations
will apply. The "no" part: Issues such as spacing; number of docks per parcel, house, frontage feet or whatever; number of moorings, yard setbacks, waterfront setbacks, size, length, remains unregulated (except when limited to protect navigation, fill, etc. (see "yes" part, above) unless it is part of local zoning. So if you want to deal with these issues, then it needs to be a part of zoning. ----Kurt H. Schindler |
| Wetland Buffers | We currently have a planning commission
member from Grand Blanc Township taking the Citizen Planner class.
She called and stated that her township has an ordinance with includes
a setback around wetlands to act as a buffer. A lawyer for a developer
recently contacted them and said that this ordinance was unlawful according
to a Attorney General ruling in 1996 (I found the ruling
here . Could anyone clarify whether wetlands buffers are allowed, and what needs to be in the ordinance for it to be legal? |
According to the Michigan Attorney
General's opinion referenced in your question, a municipality may establish
a setback ". . . not on the protection of the wetland itself, but rather
on the same type of reasonable public health, safety and welfare considerations
as are generally used in establishing setbacks and buffers for other non-wetland
areas." The Meridian Township Wetland Protection Ordinance contains an extensive description of various setbacks from wetland and riparian features that require structure and grading setbacks and/or a natural vegetation strip, "To minimize erosion, protect water quality, and preserve fish and wildlife habitat . . ." Whereas such a setback would certainly protect wetland functions, it could also be used to protect natural values that could be defined as reasonable public health, safety and welfare considerations in other areas within the township. As long as the township applies setbacks uniformly and consistently, they should withstand a legal challenge. Note that this is not a legal opinion, but my interpretation of the AG's opinion and the Meridian ordinance text. ---Mike Thomas |
| Airport Zoning | Does anyone have information about zoning regulations
for private landing strips? Our township has many large parcels
that could accommodate one, but we do not have regulations in the ordinance
to address them. Also, some of the large parcels would be considered
environmentally sensitive under our ordinance, and others would be in
close proximity to sensitive lands. |
Your best source of information
is the Bureau of Aeronautics, Michigan Department of Transportation:
Airport Zoning; Better Neighbors by Design publication by MDOT.
That includes sample zoning. See also Act 23 of 1950, as amended
(being the Airport Zoning Act, M.C.L. 259.431 et. seq.) Bureau of
Aeronautics, Michigan Department of Transportation is at 2700 E. Airport
Service Drive, Lansing, Michigan 48906-2172 (517)335-9283
www.mdot.state.mi.us/aero/ . ----Kurt H. Schindler |
| Model Airplanes Do not try to write zoning for every possible use |
I am trying to find out if anyone has information on
"radio controlled model airplane flying"? My County has one
proposed in a township and I'm looking for ordinance information, as well
as information on any sites in the state that are currently being used
for model airplane flying. (September 26, 2001) |
I am not aware of any model,
or sample, zoning language for "radio controlled model airplane flying."
My initial reaction is not to look for any, but rather treat it as one
possible club activity which is within a broader category of clubs generally.
(e.g. one can not write zoning for every possible type of land use, and
at some point one needs to focus on general categories of uses).
For example: 71 Arts, Entertainment, and Recreation 713 Amusement, Gambling & Recreation Industries 7139 Other Amusement & Recreation Industries (this would include golf courses, country clubs, riding clubs, skiing facilities, recreation sports centers, and: 71399 All other amusement & recreation industries.) Zoning, special use standards, etc. should be written to apply equally to the entire group. ----Kurt H. Schindler
Actually we have never officially dealt with the subject.
However, it appears to fit Zoning in the Definition of " Clubs ".
Defined, as |
| Windmills Radio Towers Do not try to write zoning for every possible use |
Our Township is struggling with an application to construct
seven or nine, 300 ft windmills in the township just off M-22 along the
ridge line. Needless to say, our zoning ordinance doesn't
provide for such things, so I'm having the township board adopt a brief
moratorium (like the U. S. Supreme Court said we could do) while I work
on getting a zoning amendment in place that will deal with these things.
I guess we have some information from Mackinaw City (which I haven't seen
yet). Do you have any information on windmills? We anticipate
that this will not be the last we've seen of these, as the wind studies
provided by the first company indicates that the west side of Michigan
is one of the most consistently windy locations east of the Mississippi
River. (June 21, 2002) |
Try Elmwood Township in Leelanau
County (or just go to the Leelanau County
Planning Department Tower there was built by the
Traverse City Dept. of Light and Power. It was great PR for them,
and people elect to pay extra per kilowatt to get their electricity from
the wind generator they have. You can see that one along M-72 near
Gray Road/Bugai Road. Traverse City Light and Power may also be
a source of info. Suggested philosophy: Handle them the same/similar as one handles any tower structure. Impacts on land/land use should be the same/similar, so zoning regulation should be same/similar. It would be nice to avoid having various sections of a zoning ordinance that deals with each various unique type of land use that comes along. Try for a more generic approach that covers several types of uses all together. Counterpoint: Only drawback is wind generators developers will want to congregate many on one hillside, to generate as much power as one can, see 90+ road side wind generators along I-80 in the first mountain pass in Wyoming. (Radio towers can co-locate many antennas on one tower.) ----Kurt H. Schindler For additional information
on windmills: There is also wind
and solar siting guidelines from the Michigan Department of Labor
and Economic Growth. Michael Klepinger also has a number of sample ordinances
on wind generation facilities.
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| Schindler's Land Use Page: Land Use Page | Education catalog | Schedule of programs| Pamphlets |for people who are not members of local boards | questions and answers | land use links | Old Stuff | Indicia, disclaimer, etc. | |||||||||
| 2001 Planning & Zoning Amendments | 2004 Land Use Legislation | 2006 Michigan Zoning Enabling Act | 2008 Michigan Planning Enabling Act |Kurt Schindler | |||||||||
| Kurt H. Schindler, Regional Land Use Educator, MSU Extension, Wexford County; 401 N. Lake Street, Cadillac, Michigan 49601 | (231)779-9480 |schindl9@msu.edu | fax(231)779-9105 | Map to office | |||||||||
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