Presented by:
Carlisle/Wortman & Associates
Hamburg Township
Basic Training February 4, 2015
for Elected Officials, Planning Commissioners
& Zoning Boards of Appeals
Program
Basic Planning & Zoning
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Overview of Roles/Responsibilities
The Master Plan
The Zoning Ordinance
Zoning Approvals
Other Development Regulations
Statutory Authorities
Planning
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Township Planning Act,
168 of 1959
Municipal Planning Act,
285 of 1931
County Planning Act, 282
of 1945
Planning Enabling Act,
Public Act 33 of 2008
Regional Planning Act,
281 of 1994
Zoning
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Zoning Enabling Act,
Public Act 110 of 2006
Roles and Responsibilities
Planning
Commission
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Master Plan
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Zoning Ordinance
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Subdivision
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Zoning Reviews
Legislative Body
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Appointments
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Ordinance
Adoption
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Zoning Reviews
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Budgets
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Master Plan
(Optional)
Board of Appeals
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Variances
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Appeals
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Interpretations
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Other Duties
Administrative and/or Support Staff
The Master Plan
Putting
together
the pieces
of the
puzzle.
Why Do We Plan?
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Anticipate change
Create predictability
Use physical, natural, social and fiscal resources
wisely
Create a vision for the future
Protect the environment and quality of life
What is a Master Plan?
A statement of policy, written and adopted by the
planning commission**, describing the desired
physical development of the community.
The Plan is based on…
 the resources, assets and limitations of the
community
 the character of the community
 the needs and desires of its residents
** Unless the legislative body has opted to require its adoption of the plan.
Components of the
Master Plan
Master
Plan
Getting Started…
Notification to begin planning process
Planning commission creates draft plan
The Planning Process
The Three “Whats”
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What?
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So what?
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Now what?
What is important to our community?
Why are these issues important?
What do we need to do?
Getting the Public Involved
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Public hearings (required)
Workshops/focus groups
Design charrettes/visioning
Civic group presentations
Media
Surveys
Personal interviews
Websites
Setting Goals and Creating Policies
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Be broad enough to establish tone
Be realistic and achievable
Clearly depict a desired future as envisioned by the
community
Goals are intended to lead to actions
Example:
Accommodate future reinvestment in the City while
maintaining the nineteenth-century character of our
existing built environment.
Plan needs to consider…
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Community
character/need
Natural suitability of land
Available public utilities
and services
Existing land use pattern
Capability of road network
Adoption by Planning Commission
Planning commission completes plan draft
Plan submitted to legislative body
Plan approved for distribution
Plan submitted to reviewing governments/
agencies. A new plan = 63 day review period. An
amendment to an existing plan = 40 day review
period
Planning commission public hearing
Planning commission adoption or submission to
legislative body
Adoption by Legislative Body
Legislative body must pass resolution
Planning commission recommends plan for
adoption
Legislative body review or statement of objections
Planning commission revisions (as needed)
Legislative body adoption
Copy of adopted plan sent to reviewing
governments/agencies
Using the Plan
Zoning Decisions
Capital/Infrastructure
Improvement Plans
Cooperative Planning
(both public and
private)
Plan Review/Revisions
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Required review every 5 years by Planning
Commission.
Planning Commission shall determine whether
revision, new plan, or no change is necessary.
Document in meeting minutes.
Make recommendation to the legislative body.
No formal notifications required.
The Zoning Ordinance
Typical Organization
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Definitions
General Provisions
Zoning Districts
Schedule of Regulations
Development Requirements
Site Plan Review
Special Land Uses
Amendments
Nonconforming Regulations
Administration and Enforcement
Zoning Board of Appeals
Text Amendments
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Initiated by individual request, legislative body or
Planning Commission
Once requested, begin with the Commission
Amendments cover the following:
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Implement master plan
Clarify existing language
Add new language
Rezonings (Map Amendments)
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Initiated by individual request, legislative body or
Planning Commission
Once requested, begin with the Commission
Factors to consider
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Is the existing zoning reasonable?
Is the request consistent with the master plan?
Can the site accommodate the requested uses?
Is the requested rezoning compatible with the
surrounding area?
Conditional Rezoning
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Voluntary offer by applicant – cannot be required
as part of rezoning
“Offers” typically restrict use/development
Time period to satisfy conditions or property
“reverts” to previous zoning, subject to due
process
Special Land Uses
A use that may be otherwise compatible
with the district, based on review of
location and compliance with both general
and specific standards found in the
Ordinance.
Special Land Uses
Two categories of review standards that must be in
the Ordinance
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General/Discretionary – applies to all requests
“The project will be designed, constructed, operated, and
maintained so as to be harmonious and appropriate in
appearance with the intended character of the general
vicinity.”
Specific/Nondiscretionary – applies to specific uses
“The use shall be located on property with direct access to
a major arterial street, as designated in the master plan.”
If all standards are met:
Approval MUST be given!
Site Plan Review
Review standards must be in the Ordinance
 Uses/activities requiring site plan approval
 Standards for decisions
 Application and review process
 State the approving body or official
Site Plan Review
Zoning Ordinance Requirements
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Site design/building arrangement
Drainage
Natural areas
Buffering
Emergency access
Services/utilities
Vehicle/pedestrian access
Site Plan Review
Decision Guidelines
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Are all review standards and ordinance
requirements met?
Does plan represent reasonable/workable site
arrangement?
The approval may lapse. Extensions may be
granted.
If all standards are met:
Approval MUST be given!
Planned Unit Development (PUD)
A form of development typically characterized by a
unified site design. As important, a PUD is a process
where approval is based upon a specific plan. While
most commonly associated with housing, PUD’s can
be used to accommodate any use including a mixture
of uses.
PUD
Approval Methods
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Zoning District
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Separate district/regulations/uses
Rezoning process followed
Special Land Use
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Part of existing zoning district
SLU process followed
The Zoning Board of Appeals
Zoning Board of Appeals
Duties and Powers
Appeals
Zoning Board
of Appeals
Interpretations
Variances
Other duties as
presented by
Ordinance
Zoning Board of Appeals
Appeals
Administrative Appeals
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From PC decision on site plan review
From ZA on administrative decisions
Decisions on SLU and PUD may be appealed only if
specifically permitted by the zoning ordinance
Decision Guidelines
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ZBA must determine if decision was reached following
proper procedures and facts
If so – decision must be upheld. If not – ZBA becomes
decision maker
Zoning Board of Appeals
Interpretations
Zoning Ordinance Text
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Text interpretations narrow and practical
Review history of language use, give weight to past use
Zoning Map
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Location of zoning lines based on ordinance rules
ZBA cannot rezone property by moving zoning lines
Zoning Board of Appeals
Variances
Dimensional (Non-Use Variance)
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Vary the requirements of the ordinance.
Requires evidence of Practical Difficulty related to the
property.
Use Variance
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Allow use not otherwise listed in district.
Requires evidence of Unnecessary Hardship related to
the property.
Use Variances
Unnecessary Hardship
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Property cannot be put to reasonable use
Hardship is due to circumstances unique to
property
Variance will not alter the essential character of
the area
Variance is minimum necessary
Hardship is not self-created
Use Variances
Paragon v. City of Novi
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Rezonings denied by the legislative body cannot
be litigated until all administrative remedies are
exhausted.
The administrative remedy for a rezoning denial is
an application for a USE VARIANCE to the ZBA.
Dimensional (Non-Use Variances)
Practical Difficulty
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Unique circumstances applying to the property
Will not adversely affect adjacent properties
Need for the variance was not self-created
Variance is the minimum necessary
Not general or recurrent in nature
Nonconformities
Definition: A building, use, or lot that met the
requirements of the zoning ordinance when
established, but no longer complies with the
ordinance.
Types
1. Nonconforming Uses
2. Nonconforming Buildings
3. Nonconforming Lots
Membership and Voting
Requirements
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Appeals -Simple majority of membership
Nonuse variance – Simple majority of membership
Use variance – 2/3 vote
Voting Requirement: Except for administrative
actions (approval of minutes, etc.), votes are
based on total board membership, not just those
who are present
Decision Principles
What is the function of the ZBA?
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The job of the ZBA is to uphold the requirements
of the zoning ordinance, except in unusual
circumstances related to the condition of the
property.
It is NOT the job of the board of appeals to help
applicants find a way around the requirements of
the ordinance because compliance is
inconvenient, or because of the personal
circumstances of the property owner.
Decision Principles
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Variances not intended to allow property owners to
circumvent the zoning ordinance.
Variance process provided to recognize that not all
properties have the same physical character.
Variances granted with little or no justification may
encourage others to avoid compliance.
Granting of unwarranted variances has the long term
effect of shifting zoning policy making to the ZBA and
away from elected officials.
Other Development Regulations
Methods of Dividing Land
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Subdivisions
Land Divisions
Site Condominiums
Subdivisions
Subdivision
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Process of dividing land into smaller buildable
sites
Governed by and must comply with Land Division
Act: 288 of 1967, as amended
Must also comply with municipal subdivision
ordinance, if one exists
Subdivisions
Typical Subdivision Ordinance
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Lot layout
Roadway circulation
Pedestrian circulation
Drainage
Utilities
Street lighting
Landscaping
Natural features protection
Review and approval process
Land Division
A land division is the partitioning or splitting of a
parcel. The Land Division Act, PA 288 of 1967 as
amended, regulates the number of parcels that
may be taken from a parent parcel before subdividing must occur.
Land Division
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Lots must have proper access
Lot size/width must comply with local
zoning
Easements for public utilities must be
provided
Width-to-depth ratio (1:4)
Is the lot buildable?
Adequate easements for utilities
Division recorded with County
Depth = 4
Land Division Ordinance
Width = 1
Methods of Dividing Land
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Which is a site condo and
which is a subdivision?
Methods of Dividing Land
Site Condominium
Subdivision
Rear Lot Line
Limited Commons
Area
Front Yard
Front Lot Line
Public/Private Street
Side Lot Line
Building
Area
Side Yard
Side Yard
Side Lot Line
Rear Yard
Building
Area
Limited Commons
Area
General Commons Area
Or a Public Street
Making Effective
Decisions
Elements of Effective Decisions
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Provide complete information
Be prepared
Deliberate properly
Document decisions
Information
Initial Contact
 Inform applicant of forms, filling dates, fees, and meetings
 Never answer questions from memory
 Note all contacts
Application Process
 Application forms
 Accept only complete applications
 Application deadlines
Preparation: Public Notices
Required elements (Zoning Enabling Act):
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A description of the request,
 A listing of all addresses
 The time, date, location of hearing
 When and where the information can be viewed or
copies obtained
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Notice period – given not less than 15 days before the
application will be considered
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Word simply; use street address
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Notify adjacent communities
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Keep an affidavit of mailing
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Generally required for every approval except site plan
review
Preparation: Site Visits
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Permission to enter site
Avoid “ex parte” contacts
What to look for…
Review Materials
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Planner and other professional reports
Application and plans
Ordinance requirements
Deliberation
Rules for Speakers
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Degree of formality
Comments through the Chair
Limit speaking time
Limit number of times speaking
Spokesperson
Rules for Decision Makers
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Comments through the Chair
Deliberate in the open
Express opinions
Use ordinance standards for decisions
Documentation
Motions must contain:
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Maker/Seconder
Request
Action
Conditions (as applicable)
Statement of reasons related to review standards (Can include
previous discussions)
Motions must be:
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Clear to all and in proper form
Finding of Fact
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Additional, formal documentation
Documentation
Post-Decision Documentation:
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Signed site plans
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Copy of minutes and approval/denial letters to applicant
Record Keeping
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Minutes
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Staff notes
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Application/materials
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Site plan
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Correspondence
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Affidavits of mailing/publication
Risk Management
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You CAN’T avoid litigation
You CAN manage risk & liability exposure by:
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Using consistent rules and procedures
Treating everyone fairly and consistently
Avoiding conflicts of interest
Keeping accurate and complete records
Risk Management: Conflict of Interest
Identification
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You are the applicant
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Relative
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Business associate
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Close ties
 If you have to ask...
Procedure
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Call in alternate (ZBA only)
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State nature of conflict
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Abstain from discussion and voting
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Leave the room
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Minutes should reflect abstention and reason
Risk Management
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Zoning must provide a reasonable use
The use need NOT be the most profitable
Support your decisions (based on review
standards)
Follow proper procedures
Case law: In state and federal courts is still
emerging
Questions