Basic Training February 4, 2015 for Elected Officials, Planning Commissioners

& Zoning Boards of Appeals

Presented by:Carlisle/Wortman & Associates

Hamburg Township

ProgramBasic Planning & Zoning Overview of Roles/Responsibilities The Master Plan The Zoning Ordinance Zoning Approvals Other Development Regulations

Statutory AuthoritiesPlanning 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 Zoning Enabling Act,

Public Act 110 of 2006

Roles and ResponsibilitiesPlanningCommission Master Plan Zoning Ordinance Subdivision Zoning Reviews

Legislative Body Appointments Ordinance

Adoption Zoning Reviews Budgets Master Plan

(Optional)

Board of Appeals Variances Appeals Interpretations Other Duties

Administrative and/or Support Staff

Putting together the pieces of the puzzle..

The Master Plan

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

Why Do We Plan?

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

What is a Master Plan? A statement of policy, written and adopted by the planning commission**, describing the desired physical development of the community.

** 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 processPlanning commission creates draft plan

The Planning ProcessThe Three “Whats”

What? What is important to our community?

So what? Why are these issues important?

Now what? What do we need to do?

Getting the Public Involved Public hearings (required) Workshops/focus groups Design charrettes/visioning Civic group presentations Media Surveys Personal interviews Websites

Setting Goals and Creating Policies 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… Community

character/need Natural suitability of land Available public utilities

and services Existing land use pattern Capability of road network

Adoption by Planning CommissionPlanning commission completes plan draftPlan submitted to legislative bodyPlan approved for distributionPlan submitted to reviewing governments/ agencies. A new plan = 63 day review period. An amendment to an existing plan = 40 day review periodPlanning commission public hearingPlanning commission adoption or submission to legislative body

Adoption by Legislative BodyLegislative body must pass resolution

Planning commission recommends plan for adoptionLegislative body review or statement of objectionsPlanning commission revisions (as needed)Legislative body adoptionCopy of adopted plan sent to reviewing governments/agencies

Master

Plan

Zoning Decisions

Capital/Infrastructure Improvement Plans

Cooperative Planning (both public and private)

Using the Plan

Plan Review/Revisions 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 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 Initiated by individual request, legislative body or

Planning Commission Once requested, begin with the Commission Amendments cover the following:

Implement master plan Clarify existing language Add new language

Rezonings (Map Amendments) Initiated by individual request, legislative body or

Planning Commission Once requested, begin with the Commission Factors to consider

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 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 UsesA 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 UsesTwo categories of review standards that must be in the Ordinance 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 ReviewReview 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 ReviewZoning Ordinance Requirements Site design/building arrangement Drainage Natural areas Buffering Emergency access Services/utilities Vehicle/pedestrian access

Site Plan ReviewDecision Guidelines 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 Zoning District

Separate district/regulations/uses Rezoning process followed

Special Land Use Part of existing zoning district SLU process followed

The Zoning Board of Appeals

Zoning Board of Appeals

Zoning Board of AppealsDuties and Powers

Appeals

Interpretations

Variances

Other duties as presented by Ordinance

Zoning Board of AppealsAppealsAdministrative Appeals 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 ordinanceDecision Guidelines 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 AppealsInterpretationsZoning Ordinance Text Text interpretations narrow and practical Review history of language use, give weight to past use

Zoning Map Location of zoning lines based on ordinance rules ZBA cannot rezone property by moving zoning lines

Zoning Board of AppealsVariancesDimensional (Non-Use Variance) Vary the requirements of the ordinance. Requires evidence of Practical Difficulty related to the

property.Use Variance Allow use not otherwise listed in district. Requires evidence of Unnecessary Hardship related to

the property.

Use VariancesUnnecessary Hardship 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 VariancesParagon v. City of Novi 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 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

Types

1. Nonconforming Uses

2. Nonconforming Buildings

3. Nonconforming Lots

NonconformitiesDefinition: A building, use, or lot that met the requirements of the zoning ordinance when established, but no longer complies with the ordinance.

Membership and Voting Requirements 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 PrinciplesWhat is the function of the ZBA? 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 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 Subdivisions Land Divisions Site Condominiums

SubdivisionsSubdivision 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

SubdivisionsTypical Subdivision Ordinance Lot layout Roadway circulation Pedestrian circulation Drainage Utilities Street lighting Landscaping Natural features protection Review and approval process

Land DivisionA 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 sub-dividing must occur.

Width = 1

Dep

th =

4

Land DivisionLand Division Ordinance 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

Methods of Dividing Land Which is a site condo and

which is a subdivision?

Site Condominium

General Commons Area

Limited CommonsArea

BuildingArea

Limited CommonsArea

Or a Public Street

Public/Private Street

Rear Lot Line

Front Lot Line

Side

Lot

Lin

e

Subdivision

BuildingArea

Side

Lot

Lin

e

Rear Yard

Front Yard

Side

Yar

d

Side

Yar

d

Methods of Dividing Land

Making Effective Decisions

Provide complete information Be prepared Deliberate properly Document decisions

Elements of Effective Decisions

InformationInitial 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 NoticesRequired elements (Zoning Enabling Act): 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 Notice period – given not less than 15 days before the

application will be considered Word simply; use street address Notify adjacent communities Keep an affidavit of mailing Generally required for every approval except site plan

review

Preparation: Site Visits Permission to enter site Avoid “ex parte” contacts What to look for… Review Materials

Planner and other professional reports Application and plans Ordinance requirements

DeliberationRules for Speakers Degree of formality Comments through the Chair Limit speaking time Limit number of times speaking Spokesperson

Rules for Decision Makers Comments through the Chair Deliberate in the open Express opinions Use ordinance standards for decisions

DocumentationMotions must contain: Maker/Seconder Request Action Conditions (as applicable) Statement of reasons related to review standards (Can include

previous discussions)

Motions must be: Clear to all and in proper form

Finding of Fact Additional, formal documentation

DocumentationPost-Decision Documentation: Signed site plans Copy of minutes and approval/denial letters to applicant

Record Keeping Minutes Staff notes Application/materials Site plan Correspondence Affidavits of mailing/publication

Risk Management You CAN’T avoid litigation You CAN manage risk & liability exposure by:

Using consistent rules and procedures Treating everyone fairly and consistently Avoiding conflicts of interest Keeping accurate and complete records

Risk Management: Conflict of InterestIdentification You are the applicant Relative Business associate Close ties If you have to ask...Procedure Call in alternate (ZBA only) State nature of conflict Abstain from discussion and voting Leave the room Minutes should reflect abstention and reason

Risk Management 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