Ты в Мичигане?
Тогда лови (если хочешь на юристе сэкономить
):
In Michigan, local governments have authority to plan for the future land use of their communities and adopt zoning ordinances to regulate land use through the Michigan Planning Enabling Act and the Michigan Zoning Enabling Act, respectively. Those statutes allow townships, villages, cities and counties to adopt master plans and zoning ordinances. Zoning is not required by the state though, which means some communities choose to not implement zoning.
Many communities post their zoning ordinance and zoning map on the local government’s website, typically on the pages for Planning, Zoning or Community Development departments. A zoning map will show how a particular property is zoned. A web search for “_____________ zoning ordinance” may also yield results, but be sure to verify that any documents you find are current and for your community. According to the 2018 article “Overlooking the coast: Limited local planning for coastal area management along Michigan’s Great Lakes” by Richard K. Norton, Nina P. David, Stephen Buckman and Patricia D. Koman, Michigan has 1,859 units of local government, meaning there are many approaches to how a community chooses to make their zoning ordinance available.
Contacting the local government directly is likely the best way to find out more about zoning on any properties of interest. Most communities will have contact information on their website. The State of Michigan also has a listing of city, village and township websites, as well as a list of county governments. Each community with a zoning ordinance will have a zoning administrator who will be able to direct you to the relevant sections of the zoning ordinance. A copy of the ordinance can be obtained for free online or for a fee if a paper copy is needed. Good questions for the zoning administrator might be:What is the property zoned?
Are there any enforcement issues with the property?
I want to __________ (build a pole building, start a home business, create a retreat center, start a landscaping business, build a house or an addition…) is that allowed?
Be specific when possible, such as providing dimensions or building location.
What to look for in a zoning ordinance
If, for some reason, it is not feasible or desirable to talk to the zoning administrator, there is always the option to look through the zoning ordinance to find answers. Start with the general provisions of the zoning ordinance. These will likely be near the beginning of the ordinance and outlines general provisions that will apply throughout most zoning districts.
Second, determine a parcel’s zoning district by looking at the zoning map in the ordinance or reading the text descriptions of districts. Zoning districts are typically distinguished by type of use, such as agricultural, residential, natural areas or commercial, but it varies by community.
Third, go to that zoning district’s specific regulations, with a chapter usually devoted to each district. Each zoning district lists land uses that are allowed with a simple permit, known as permitted uses, or with additional regulation, which are often called special land uses. Some common things in the zoning district that potential buyers may want to check for are:
Allowed uses: Which uses of the property are allowed by right, and which are allowed after additional review and permits? This may include things like home businesses and short-term rentals.
Setbacks: What are the distances required between buildings and property lines or streets? This can be important for planning home improvements or new construction.
Building size regulations: What are the regulations on building area, height, width, footprint, etc.?
Environmental protections: Are there specific considerations around landscaping and mitigating environmental impact of development?
Density regulations: What are the limits on how many homes, housing units or accessory buildings are on the parcel?
Local units of government are granted the authority to adopt a zoning ordinance, but there is no requirement to have zoning. Some communities in Michigan have chosen to remain unzoned. However, if the property you are interested in buying is in a township that is unzoned, county zoning may apply.
