Early Zoning Laws:
In the early years of the 20th century, the first comprehensive zoning laws were adopted. City officials began to acknowledge during those times that without boundaries seperating land uses chaos would ensue. Homeowners especially were insistent that regulations be implemented to protect property values. They knew then what is known now - commercial and residential land uses are incompatible and mixing should be avoided.
In 1948 Michigan legislators adopted the Township Zoning Act - Act 184 of 1943. The law was amended in 2006 to become the Michigan Zoning Enabling Act. Both versions provided local governments the authority to establish zoning districts to be regulated and managed by a zoning ordinance. For this purpose, township boards may divide the township into districts of such number, shape, and area as it considers best suited to carry out this act. The provisions shall be uniform for each class of land or buildings, dwellings, and structures, including tents and trailer coaches, throughout each district, but the provisions in 1 district may differ from those in other districts. (Zoning Enabling Act, 2006)
Planning Commission:
To assist with this task most townships appoint a planning commission (PC) from members of the community. This group serves as an advisory council to the township's elected officials concerning zoning issues. In theory, it allows the PC to act without the political considerations that often influence elected officials. Michigan legislators understood the importance of PCs when they adopted the Planning Enabling Act in 2008. The statute provides commissions lawful authority to conduct local planning by designing a Master Plan and an accompanying Zoning Ordinance. The checks and balances within the Act allow planners' to consider the character of its jurisdiction and its suitability for particular uses.
Local Control:
The reasoning behind local administration of zoning is that legislators’ during these eras realized the complexities of zoning and wisely determined that a one-size fit all approach across the state would be unworkable. The clause “but the provisions in 1 district may differ from those in other districts” solidifies those thoughts.
Another important aspect of the Act is the criteria state lawmakers embodied in the document to ensure local authorities understood the overall premise of constructing a functional and equitable zoning ordinance. Within the Zoning Enabling Act it states: “A zoning ordinance shall be made with reasonable consideration of the character of each district, its peculiar suitability for particular uses, the conservation of property values and natural resources, and the general and appropriate trend and character of land, building, and population development.”
These clauses have withstood the test of time and have faithfully served the people of Michigan. Local government understands best the unique characteristics of their districts and are accountable to its constituents when inconsistencies exist.
Benefits of Zoning:
For those who believe there should be no restrictions on how a person utilizes their property it’s important to consider how zoning works. Zoning separates land uses to avoid chaos. Would you knowingly buy a home where zoning didn’t exist and anyone could setup a motel or perhaps a pig farm next to your residentail home? I think not. But in that same light, STRs are a commercial operation which fit the definition of a motel: homes rented for 30 days or less for compensation. Consequently, the property no longer functions under residential constraints but as a business that creates excessive noise, traffic, and safety concerns.
Lansing Wants Control:
Recently, a number of Lansing legislators put forth or endorsed HB 4722 and SB 446. Because of Michigan's housing crisis and significant pressure from stake holders across Michigan neither bill was adopted.
We must be determined not to allow Lansing legislators to craft and adopt future versions of HB 4722. Our communities and schools would suffer collateral damage.