B
bmasters
Guest
bmasters: I have a zoning question
Advisor1: Ok, let's hear it.
Advisor1: I'd like to introduce myself. I am an attorney in California. I'd be happy to try to give you general guidance and point you in the right direction. But please understand that only a lawyer licensed to practice law in YOUR state who is serving as YOUR lawyer can provide you "legal advice" to rely on and I am NOT YOUR LAWYER. Please do NOT disclose material you regard as confidential or the names of others. So I can better help you, what state are you from?
bmasters: I am involved in trying to obtain a special use permit in Michigan.
I believe I have found my township violated state statue by not notifying residents personally when
the township re-zoned much of the area only 4 years ago. If this is the case and the zoning
could be invalidated I would not need the special use permit as my land used to be agriculturally zoned
before I purchased it.
Advisor1: Ok, go on.
bmasters: COUNTY ZONING ACT (EXCERPT)
Act 183 of 1943
125.209 Public hearing; notice; affidavit of mailing. [M.S.A. 5.2961(9) ]
Sec. 9. Before submitting its recommendations of a tentative zoning plan to the county board of commissioners, the county zoning commission shall hold at least 1 public hearing, notice of which hearing shall be given by 2 publications in a newspaper published in the county, and if a newspaper is not published in the county, then in a newspaper published in an adjacent county, the first to be printed not more than 30 days and not less than 20 days, and the second not more than 8 days before the date of the hearing. Not less than 20 days' notice of the time and place of the hearing shall also be given by mail to each electric, gas, pipeline, and telephone public utility company, that registers its name and mailing address with the county zoning commission for the purpose of receiving the notice of public hearing, and to each railroad within the district or zone affected. The notices shall include the places and times at which the tentative text and maps of the zoning ordinance may be examined. The county zoning commission shall maintain a file of each affidavit of mailing for each mailing made under this section. If an individual property, or several adjacent properties are proposed for rezoning , notice of the proposed rezoning and hearing shall be given to the owners of the property in question at least 20 days prior to the hearing.
History: 1943, Act 183, Imd. Eff. Apr. 17, 1943 ;--CL 1948, 125.209 ;--Am. 1960, Act 86, Eff. Aug. 17, 1960 ;--Am. 1961, Act 229, Eff. Sept. 8, 1961 ;--Am. 1978, Act 640, Eff. Apr. 12, 1979 .
125.284 Amendments or supplements to zoning ordinance; notice of proposed rezoning; adoption of amendment conforming to court decree; notice of adopted amendment. [M.S.A. 5.2963(14) ]
Sec. 14. Amendments or supplements to the zoning ordinance may be made in the same manner as provided in this act for the enactment of the original ordinance. If an individual property or several adjacent properties are proposed for rezoning, the township zoning board shall give a notice of the proposed rezoning to the owner of the property in question, to all persons to whom any real property within 300 feet of the premises in question is assessed, and to the occupants of all single and 2-family dwellings within 300 feet. The notice shall be delivered personally or by mail to the respective owners and tenants at the address given in the last assessment roll. If the tenant's name is not known, the term occupant may be used. If the notice is delivered by mail, an affidavit of mailing shall be filed with the zoning board before the hearing. The notice shall be made not less than 8 days before the hearing provided by section 9 stating the time, place, date, and purpose of the hearing. An amendment for the purpose of conforming a provision of the zoning ordinance to the decree of a court of competent jurisdiction as to any specific lands may be adopted by the township board and the notice of the adopted amendment published without referring the amendment to any other board or agency provided for in this act.
History: 1943, Act 184, Eff. July 30, 1943 ;--Am. 1947, Act 137, Eff. Oct. 11, 1947 ;--CL 1948, 125.284 ;--Am. 1949, Act 310, Eff. Sept. 23, 1949 ;--Am. 1960, Act 26, Eff. Aug. 17, 1960 ;--Am. 1961, Act 225, Eff. Sept. 8, 1961 ;--Am. 1972, Act 55, Eff. Mar. 30, 1973 ;--Am. 1978, Act 637, Eff. Mar. 1, 1979 .
bmasters: Notice that act 125.284 says they have to personally notified individual properties or several adjacent properties if they are to be re-zoned.
Advisor1: Wow, that's a long one.
Advisor1: One more moment and let me read that.
bmasters: sorry, to condense it:
bmasters: The original act states they have to publish notice of zoning in a local paper twice before a public hearing is held
bmasters: the ammendments states that they can do the say if they are amending or supplementing the zoning ordinance.
bmasters: It also says if they are re-zoning an individual or several adjacent properties that they must notify them personally.
bmasters: Many residents are finding out about the re-zoning when they go to get building permits and discover that they now can't add animals to their land because they are re-zoned out of agricultural
Advisor1: Yes, go on.
bmasters: so does 125.284 apply if they did a mass re-zoning of the township that involved probably about 15% of the entire township?
bmasters: Is that an ammendment, supplement, or is it a re-zoning or an individual and several adjacent properties?
bmasters: still there?
Advisor1: Yes I am. I have 3 others online at the same time. Let me think about this one moment. That is a good question though.
Advisor1: For discussion sake, what if your theory is right? What if the county or township messed up here. What does that mean for you as an owner or the others?
bmasters: It means I will have the right to put animals on my 4.5 acres and it means a large number of residents could do the same or build larger outbuildings
bmasters: For discussion sake, I also found that the board put the notice in an obscure local newspaper that published once weekly by subscription only and serves 900 of the townships 5,500 residents...
Advisor1: Ok. So in other words, rather than being a potential windfall of money to you and the others, rather, the owners should have the right to use their land as before. Or, the zoning requirements that used to be in effect should be put back into effect until the township gets it right. Is this correct?
bmasters: Yes, exactly...
bmasters: Am I reading the statue correctly though?
bmasters: And I could put animals on and then I'd be protected by the right to farm act if they changed the zoning.
Advisor1: From my limited time to read and think about this in a chat room, I think you have the right idea. This topic would actually be a good one for our BBS on real estate. You can post it there at WWW.Freeadvice.com. Click on the bulletin board option and post it accordingly. Generally there are 2 or 3 other attorneys that regularly answer questions there in a few days time.
bmasters: Is four years to contest this to much time? Would the argument be invalidated by laches?
[email protected]
Advisor1: Ok, let's hear it.
Advisor1: I'd like to introduce myself. I am an attorney in California. I'd be happy to try to give you general guidance and point you in the right direction. But please understand that only a lawyer licensed to practice law in YOUR state who is serving as YOUR lawyer can provide you "legal advice" to rely on and I am NOT YOUR LAWYER. Please do NOT disclose material you regard as confidential or the names of others. So I can better help you, what state are you from?
bmasters: I am involved in trying to obtain a special use permit in Michigan.
I believe I have found my township violated state statue by not notifying residents personally when
the township re-zoned much of the area only 4 years ago. If this is the case and the zoning
could be invalidated I would not need the special use permit as my land used to be agriculturally zoned
before I purchased it.
Advisor1: Ok, go on.
bmasters: COUNTY ZONING ACT (EXCERPT)
Act 183 of 1943
125.209 Public hearing; notice; affidavit of mailing. [M.S.A. 5.2961(9) ]
Sec. 9. Before submitting its recommendations of a tentative zoning plan to the county board of commissioners, the county zoning commission shall hold at least 1 public hearing, notice of which hearing shall be given by 2 publications in a newspaper published in the county, and if a newspaper is not published in the county, then in a newspaper published in an adjacent county, the first to be printed not more than 30 days and not less than 20 days, and the second not more than 8 days before the date of the hearing. Not less than 20 days' notice of the time and place of the hearing shall also be given by mail to each electric, gas, pipeline, and telephone public utility company, that registers its name and mailing address with the county zoning commission for the purpose of receiving the notice of public hearing, and to each railroad within the district or zone affected. The notices shall include the places and times at which the tentative text and maps of the zoning ordinance may be examined. The county zoning commission shall maintain a file of each affidavit of mailing for each mailing made under this section. If an individual property, or several adjacent properties are proposed for rezoning , notice of the proposed rezoning and hearing shall be given to the owners of the property in question at least 20 days prior to the hearing.
History: 1943, Act 183, Imd. Eff. Apr. 17, 1943 ;--CL 1948, 125.209 ;--Am. 1960, Act 86, Eff. Aug. 17, 1960 ;--Am. 1961, Act 229, Eff. Sept. 8, 1961 ;--Am. 1978, Act 640, Eff. Apr. 12, 1979 .
125.284 Amendments or supplements to zoning ordinance; notice of proposed rezoning; adoption of amendment conforming to court decree; notice of adopted amendment. [M.S.A. 5.2963(14) ]
Sec. 14. Amendments or supplements to the zoning ordinance may be made in the same manner as provided in this act for the enactment of the original ordinance. If an individual property or several adjacent properties are proposed for rezoning, the township zoning board shall give a notice of the proposed rezoning to the owner of the property in question, to all persons to whom any real property within 300 feet of the premises in question is assessed, and to the occupants of all single and 2-family dwellings within 300 feet. The notice shall be delivered personally or by mail to the respective owners and tenants at the address given in the last assessment roll. If the tenant's name is not known, the term occupant may be used. If the notice is delivered by mail, an affidavit of mailing shall be filed with the zoning board before the hearing. The notice shall be made not less than 8 days before the hearing provided by section 9 stating the time, place, date, and purpose of the hearing. An amendment for the purpose of conforming a provision of the zoning ordinance to the decree of a court of competent jurisdiction as to any specific lands may be adopted by the township board and the notice of the adopted amendment published without referring the amendment to any other board or agency provided for in this act.
History: 1943, Act 184, Eff. July 30, 1943 ;--Am. 1947, Act 137, Eff. Oct. 11, 1947 ;--CL 1948, 125.284 ;--Am. 1949, Act 310, Eff. Sept. 23, 1949 ;--Am. 1960, Act 26, Eff. Aug. 17, 1960 ;--Am. 1961, Act 225, Eff. Sept. 8, 1961 ;--Am. 1972, Act 55, Eff. Mar. 30, 1973 ;--Am. 1978, Act 637, Eff. Mar. 1, 1979 .
bmasters: Notice that act 125.284 says they have to personally notified individual properties or several adjacent properties if they are to be re-zoned.
Advisor1: Wow, that's a long one.
Advisor1: One more moment and let me read that.
bmasters: sorry, to condense it:
bmasters: The original act states they have to publish notice of zoning in a local paper twice before a public hearing is held
bmasters: the ammendments states that they can do the say if they are amending or supplementing the zoning ordinance.
bmasters: It also says if they are re-zoning an individual or several adjacent properties that they must notify them personally.
bmasters: Many residents are finding out about the re-zoning when they go to get building permits and discover that they now can't add animals to their land because they are re-zoned out of agricultural
Advisor1: Yes, go on.
bmasters: so does 125.284 apply if they did a mass re-zoning of the township that involved probably about 15% of the entire township?
bmasters: Is that an ammendment, supplement, or is it a re-zoning or an individual and several adjacent properties?
bmasters: still there?
Advisor1: Yes I am. I have 3 others online at the same time. Let me think about this one moment. That is a good question though.
Advisor1: For discussion sake, what if your theory is right? What if the county or township messed up here. What does that mean for you as an owner or the others?
bmasters: It means I will have the right to put animals on my 4.5 acres and it means a large number of residents could do the same or build larger outbuildings
bmasters: For discussion sake, I also found that the board put the notice in an obscure local newspaper that published once weekly by subscription only and serves 900 of the townships 5,500 residents...
Advisor1: Ok. So in other words, rather than being a potential windfall of money to you and the others, rather, the owners should have the right to use their land as before. Or, the zoning requirements that used to be in effect should be put back into effect until the township gets it right. Is this correct?
bmasters: Yes, exactly...
bmasters: Am I reading the statue correctly though?
bmasters: And I could put animals on and then I'd be protected by the right to farm act if they changed the zoning.
Advisor1: From my limited time to read and think about this in a chat room, I think you have the right idea. This topic would actually be a good one for our BBS on real estate. You can post it there at WWW.Freeadvice.com. Click on the bulletin board option and post it accordingly. Generally there are 2 or 3 other attorneys that regularly answer questions there in a few days time.
bmasters: Is four years to contest this to much time? Would the argument be invalidated by laches?
[email protected]