city of kentwood zoning ordinance

[7] Sabo v Monroe Twp, supra, pp 535-536. In this regard, the Court stated: "Few decisions in any such zoning cases fail to harm and displease someone; our job is try to balance the conflicting equities and try to reach a fair working result consistent with the dilemma before us. Although important questions of public policy may permeate a zoning amendment, the decision has a far greater impact on one group of citizens than on the public generally."[37]. Less than 1% of the acreage in the city was devoted to mobile home park use. Warren Zoning Ordinance 30, art IX, 9.01 et seq., details the uses and specifications permitted under the R-2 two-family residential district classification referred to in 10.01, supra. ALI, Model Land Development Code, 2-312, pp 108-111 (emphasis supplied). 12-30-2016) . The second factor put forward by plaintiffs concerns the further allegation that, due to the extreme narrowness of plaintiffs' parcel, in order to develop their land in accordance with the disputed R-1-C zoning scheme plaintiffs would have to *158 construct a road servicing only one rather than two rows of homes. Along with adding definitions for terms such as agriculture, farm, garden and greenhouse, the changes adopted by City Commission cover how many honeybees, rabbits, goats and other domestic animals residents may own depending on the size of their property's acreage. In its answer to plaintiffs' complaint, defendant merely prays that the complaint be dismissed and that costs as well as attorneys' fees be awarded. Its choice is likely to be more intelligent and responsible if made after presentation of all the evidence. Section 13.06. It is also noteworthy that the reviewing standard, even in equity cases, is no longer described as "de novo". GCR 1963, 517, states that "[i]n all actions tried upon the facts without a jury * * * [f]indings of fact shall not be set aside unless clearly erroneous". "(d) Private garages or community garages, either separated or in connected groups, having common and unpierced dividing walls between contiguous private garages. Code of Federal Regulations United States Code Kentwood Nor do we think that the scope of judicial review should include "a balancing of equitable considerations". The request was referred to the city planning commission, which, acting on a consultant's conclusion that a mobile home park would be undesirable because of traffic congestion, crowding of schools and other effects of asserted higher density, denied the request. (Supp. City of Kentwood With summer soon upon us, the Kentwood Police Department is offering tips to help protect residents and their property. Finally, Justice LEVIN'S recommended position, (5), is contrary to the general posture assumed by a majority of this Court in the area of land use classification review for the reasons stated supra. Step 2: Select Record Step 3: Make Payment Getting Started. The inquiry will therefore frequently turn on facts concerning a specific situation and will have a differentiated impact on particular individuals, thus fulfilling both criteria for an administrative action. On appeal, the Illinois Court upheld the finding of unconstitutionality, but reversed the chancellor's order as too broad insofar as it did not address itself to the reasonableness of the "specific use contemplated by the owner". - Penalties. 1 . `[I]t is the burden of the party attacking to prove affirmatively that the ordinance is an arbitrary and unreasonable restriction upon the owner's use of his property * * *. [6] The Justices who signed the lead opinion in West also signed my opinion in Sabo which, through the happenstance that only five Justices were participating, became the opinion of the Court. "While mobile homes were originally for transient purposes, today about 60% of all mobile home owners never move their home. "2. No. San Diego County v Miller, 13 Cal 3d 684, 691; 119 Cal Rptr 491, 495; 532 P2d 139 (1975); Michelman, Property, Utility, and Fairness: Comments on the Ethical Foundations of "Just Compensation" Law, 80 Harv L Rev 1165, 1190-1193 (1967). "The hearing examiner provides a mechanism for diverting administrative burdens and leaving the public official with time for the more important tasks of planning, policy formulation, and making final decisions on the record made before the hearing examiner. We appreciate the community support and want to make sure we are a community school and share these facilities with the surrounding community.. "(h) Publicly owned buildings, transformer stations and substations, without service yards, after the approval of the City of Warren Planning Commission as being in harmony with the structures in the area, not injurious to the surrounding neighborhood and in accord with the spirit and purpose of this ordinance. Applying those rules enumerated in Part I discussing Kirk, supra, it is clear that this matter is particularly governed by rule 3 of Kropf, i.e., "to sustain an attack on a zoning ordinance, an aggrieved property owner must show that if the ordinance is enforced the consequent restrictions on his property preclude its use for any purposes to which it is reasonably adapted". The crux of the argument for regarding a change in zoning on individualized grounds as administrative is that the state cannot constitutionally make an individualized decision, "quasi-judicial and affect[ing] private rights", that is not subject to judicial review on the merits. Bauckham, Reed, Lang & Schaefer for Michigan Townships Association. I wrote the lead opinion, which received three signatures; our conclusion was based on the view that an *185 amendment such as there presented was "an administrative, not a legislative, act". [22], *196 An owner of land is not entitled to a maximum return on his investment or to the "highest and best" use of his land. While we are not persuaded to adopt Justice LEVIN'S administrative approach to the review of zoning determinations, questions remain regarding the effect to be accorded an ordinance's judicially declared invalidity as well as the appropriate judicial *165 procedure to be undertaken in determining and ordering such effect. This Court upheld the chancellor's order declaring defendant's 30,000-square-foot minimum lot size restriction unconstitutionally confiscatory as applied to plaintiffs' property, restraining defendant from enforcing that restriction on plaintiffs' land, and permitting plaintiffs to develop their land in accordance with the general single-family zoning classification. In case any building or part thereof is used, erected, altered or occupied contrary to law or to 54-1. [1] Kropf v Sterling Heights, 391 Mich 139; 215 NW2d 179 (1974). "I'm expecting that very little of that money will actually get down to the municipal levels because whatever dollars do come in, they're made whole and then after that it's divided by the percentages.". The hearing examiner would hear and decide cases, subject to appeal to the local governing body, in conventional discretionary matters such as requests for variances, special permits, and subdivision plats. [3] We hold that the majority rule enunciated in both Kropf and Kirk as well as the minority opinion of Justice WILLIAMS in Sabo remain the law in Michigan today insofar as the appropriate standard for determining the validity *153 of zoning ordinances is concerned. Nearly all the surrounding land was then undeveloped farm land except for a single family subdivision immediately to the south. SE. Midway between the positions espoused by the Daraban dissent, rendering the parcel unzoned, and the Daraban majority, ordering a particular use proposed by an aggrieved landowner, lies the "balancing of the competing equities" position promulgated by Justice BLACK in his separate opinion for affirmance on condition found in Dequindre Development Co v Warren Charter Twp, 359 Mich 634; 103 NW2d 600 (1960). "4. 2018Employees Thus the characteristics to be expected from a `legislative' action are: (1) a broad base of general, non-quantifiable information; (2) the broad, non-particularized impact of an announcement of legislative policy; and (3) the exercise of broad discretion to select a policy to implement the objectives with which the administrative body is charged. Section 9.01 provides as follows: "In all R-2 residential districts, no building or land, except as otherwise provided in this ordinance, shall be erected or used except for one or more of the following specified uses: "(a) All uses permitted and as regulated in R-1-C districts. V. CONCLUSION: REMAND TO THE CHANCELLOR FOR A DETERMINATION OF THE MOST EQUITABLE USE TO BE MADE OF PLAINTIFFS' PARCEL WITHIN THE R-3 ZONING CLASSIFICATION. [40] Sabo v Monroe Twp, supra, pp 536-537. Bodman, Longley, Bogle, Armstrong & Dahling (by Michael B. Lewiston) for plaintiffs Turkish. Id. "In the case at bar, the plaintiffs presented evidence as to the nature of the apartment complex they intended to construct on these premises. The 2020 Master Plan document should be consulted in conjunction with the following compendium documents: The Master Plan is an official public document adopted by the Kentwood Planning Commission. With regard to individual requests for rezonings of specific parcels, they too should be heard by the hearing examiner, with a complete record made of the proceedings. Kentwood City Commission adopted amendments to the zoning ordinance which added new language to sections covering gardening and animal keeping at its meeting on Tuesday, May 1, 2018. Zoning affects every structure and use and extends vertically. Such legislation should be responsive to the varying financial capabilities and development activity existing in political jurisdictions of differing sizes, which would affect their ability to implement a sophisticated administrative process. Use of and/or registration on any portion of this site constitutes acceptance of our User Agreement (updated 4/4/2023), Privacy Policy and Cookie Statement, and Your Privacy Choices and Rights (updated 7/1/2023). In Zaagman, the owners failed to prove the unconstitutionality of the zoning of their undeveloped land. [45] The 94 acres apparently does not include land currently used for mobile homes since 116 acres are already developed as mobile home parks. I would not anticipate that need or articulate a substantive standard or establish procedures on an assumption that the city will not act responsibly. See fn 16, supra. The land sought to be rezoned may not be suitable for development for the excluded use". [3] Kirk v Tyrone Twp, 398 Mich 429; 247 NW2d 848 (1976). The trial court's decree is modified by striking therefrom that portion authorizing and empowering plaintiffs to use the property as proposed in the plat. Said sign shall not exceed twelve (12) feet in height above ground and shall be removed upon completion and occupation of buildings. Said the opinion's author: "The issue here is how a decree in a zoning case is to be framed. "I do think there are a lot of unknowns, but I think our job as legislators is to figure out how to deal with difficult problems and I think this is one that we'll have to solve. Zoning and other land use regulations may properly be designed to facilitate planned growth, and development to protect the public health and safety, permit governmental services to keep pace with development and to retain some of the aesthetic and environmental values which might otherwise be lost. Accordingly, we affirm the Court of Appeals ruling of unconstitutionality, but remand this matter to the Warren City Council acting as zoning authority for further action consistent with this opinion. Regarding the requirement of reasonableness, the panel cautioned: "It is also apparent that the courts must exercise this authority with extreme care to avoid any encroachment into the legislative function of zoning. While some property owners have sought mandamus, certiorari, superintending control or a declaratory judgment, the practice has evolved of filing a bill of complaint seeking injunctive relief against enforcement of the zoning ordinance. You may not use this site for the purposes of furnishing consumer reports about search subjects or for any use prohibited by the FCRA. [5] Warren Zoning Ordinance 30, art X, 10.01 et seq., delineates the particular uses and specifications to which property zoned R-3 may be put. Defendant has consistently averred that the parcel in question is solely amenable to an R-1-C single-family residential use; defendant nowhere indicates that an R-3 use other than that requested by plaintiffs would be satisfactory. On that ground we joined with Justice WILLIAMS in affirming the Court of Appeals: "In each of these cases the Court of Appeals held that the proposed use should be allowed. Although uses consistent with present zoning may not be feasible, it may be that some use other than multiple residences is feasible and more compatible with competing interests. Related Data e.g. Citing a statement of the Illinois Supreme Court in Reeve v Village of Glenview, 29 Ill 2d 611, 615-617; 195 NE2d 188, 191 (1963), the Harshman Court forwarded the proposition that a court may not order relief in the absence of clear evidence of the reasonableness of a specific use contemplated by plaintiff. Snow piles must not be placed in the street, on sidewalks or on other areas that may impede vision of motorists or pedestrians. [53] Kropf v Sterling Heights, supra, p 155. "Kentwood is very diverse; we're full of residents from all over the world, from every country and we speak every language, and I think we have to take that into consideration and listen to people when they vote.". The most that a court may do after declaring an existing zoning ordinance void as applied to certain property is to find from clear evidence before it that the specific use contemplated by the owner is reasonable and may be permitted. Zoning codes are a century old, and the lifeblood of all major U.S. cities, determining what can be built where and what activities can take place in a neighborhood. Whereas previously there were no precise limits in place, the new language specifies that residential lots of less than one acre are allowed to keep up to six poultry or other fowl birds, a maximum of two honeybee hives and a maximum of three rabbits. Id., 342. While we give due consideration to the findings of the *192 trial judge, nonetheless it is our duty to weigh the evidence and reach an independent conclusion". Kentwood, Michigan Zoning Districts Explained. This examination provides a reasonably clear and feasible means for distinguishing policy decisions from specific applications of the policy. (ii) If, after remand to defendant city council, defendant submits an amendatory ordinance unacceptable to plaintiffs but embodying Justice BLACK'S "midsatisfactory use" as determined by the chancellor through a balancing of equitable considerations, the chancellor shall order the implementation of such midsatisfactory amendatory ordinance. See Housing For All Under Law, supra, pp viii, 319-322. [47] See, generally, Rubinowitz, Exclusionary Zoning: A Wrong in Search of a Remedy, 6 J of L Reform 625 (1973); Note, The Inadequacy of Judicial Remedies in Cases of Exclusionary Zoning, 74 Mich L Rev 760 (1976); Note, Equal Protection and Exclusionary Zoning, 60 Va L Rev 163 (1974); Kaye, The Validity of Zoning an Entire Municipality Exclusively Residential, 7 Urban L Ann 304 (1974); Comment, Removing the Bar of Exclusionary Zoning to a Decent Home, 32 Ohio St L J 373 (1971); Bigham & Bostick, Exclusionary Zoning Practices: An Examination of the Current Controversy, 25 Vanderbilt L Rev 1111 (1972); Zumbrun & Hookano, No-Growth and Related Land-Use Legal Problems: An Overview, 9 Urban Lawyer 122, 132, 143-156 (1977); Note, The Equal Protection Clause and Exclusionary Zoning After Valtierra and Dandridge, 81 Yale L J 61 (1971); Note, Exclusionary Zoning and Equal Protection, 84 Harv L Rev 1645 (1971); Lyon, Exclusionary Zoning From a Regional Perspective, 5 Urban L Ann 239 (1972); Hirshon, The Interrelationship Between Exclusionary Zoning and Exclusionary Subdivision Control, 5 J of L Reform 351 (1972); Branfman, Cohen & Trubek, Measuring the Invisible Wall: Land Use Controls and Residential Patterns of the Poor, 82 Yale L J 483 (1973); Symposium, Exclusionary Zoning, 22 Syracuse L Rev 465 (1971); Note, The Use of Zoning Laws to Prevent Poor People From Moving to Suburbia, 16 Howard L J 351 (1971); Note, The Constitutionality of Local Zoning, 79 Yale L J 896 (1970). The circuit court held that because development costs would be equal to or greater than the price at which the developed parcel could be sold, the zoning was confiscatory and unconstitutional as applied to the Turkish parcel. "Under such circumstances, the court may frame its decree in the light of the evidence before it with reference to the specific proposed use; and may decree such contemplated use to be a reasonable one. Sinclair Pipe Line v Village of Richton Park, 19 Ill 2d 370; 167 NE2d 406 (1960). In all other respects the decree is affirmed." We quote at length Justice BLACK'S remarks in this regard: "An over-concentration of trailer coach living undoubtedly creates problems of municipal concern such as the superintendent has described. No costs, a public question being involved. Home CityServices CityDepartments Planning. (Calendar Nos. 359 Mich 634, 642-643.[11]. At the elementary level, the centers serve as redesigned media centers blending features of a traditional library with the collaboration-center concept. Find Contractor Licenses, Land Records, and Property Records related to Kentwood Zoning. - IN GENERAL Sec. Some amendments to general plans, however, are properly classified as legislative, particularly where they are the result of a change in a basic policy decision underlying the formulation of the original plan. Judge PRATT, writing for Presiding Judge HOLBROOK and then-Judge, now-Justice LEVIN, affirmed the trial court's definitive decree of injunctive relief as supportable by 15 years of precedent. The intent of zoning regulations is to allow property owners the reasonable use of their property as long as the use is not detrimental to abutting properties or to the neighborhood. In obiter dictum, the Court of Appeals remarked: "We would prefer to reverse without prejudice to an application to the legislative body of defendant seeking an administrative hearing with regard to the reasonableness of plaintiffs' proposed use." However, within a citys zoning system individual zones can be more restrictive and less restrictive, including different single family zones. While it is desirable that master plans be adopted, since thereby planning will be facilitated and unnecessary discretion of local zoning bodies in considering rezoning proposals will be circumscribed, the failure to adopt a master plan does not invalidate an otherwise valid zoning regulation. Judicial review of the grant or denial of individual requests for development permission should proceed on the record established in the hearing below in accordance with general principles of administrative law or as prescribed by statute, unless determined otherwise by the court. Formal trials are not required; procedures not much different from those prevailing in many communities are what is called for. (Compare 2-311[3].) The land, with a house on it, was purchased for $17,000 in 1956 by the Turkishes as a home for his parents. CITY OF KENTWOOD Author: City of Kentwood Created Date: 4/29/2021 10:27:59 AM . [1] Kropf v Sterling Heights, 391 Mich 139, 164; 215 NW2d 179 (1974). In the four developed R-5 zones there were approximately 870 sites, with about 30 vacant. Similarly, see Smith v Village of Wood Creek Farms, 371 Mich 127, 136; 123 NW2d 210 (1963); Frendo v Southfield Twp, 349 Mich 693; 85 NW2d 130 (1957); Nectow v City of Cambridge, 277 US 183; 48 S Ct 447; 72 L Ed 842 (1928). It is apparent from this zoning scheme that a plethora of uses are permitted under the R-3 zoning designation, including but not limited to the specific multiple-family dwelling use proposed by plaintiffs herein. [46] After the city filed a claim of appeal the judge, in an addendum to his bench-dictated opinion which was revised and filed after entry of the judgment and Kropf was decided, stated: "After the above opinion had been edited and transcribed for filing, it was brought to this court's attention that on February 19, 1974, the Michigan Supreme Court reversed Kropf v Sterling Heights, 41 Mich App 21 [199 NW2d 567] (1972), by an opinion overruling the so-called `preferred use' doctrine of Bristow v City of Woodhaven, 35 Mich App 205 [192 NW2d 322] (1971), and subsequent cases. Zoning ordinance, City of Kentwood by Kentwood (Mich.) ( Book ) 2 editions published between 1980 and 1998 in English and held by 2 WorldCat member libraries . Considering these alternatives, we find (1) unacceptable for the reasons stated supra, that such action would potentially render the parcel subject to uses neither argued for by plaintiff nor consistent with the orderly development of the community and abutting lands. He explained that since there was a relatively high demand for the few available mobile home sites in the area and since the industrial and mobile home parks that surrounded the parcel made it relatively undesirable for single-family use, the parcel was best suited for mobile homes. Any additional hearing by the governing body shall be conducted in accordance with 2-305. The landowner also argued that the zoning is invalid because the ordinance in effect excludes[47]*211 mobile home development from the city as a whole. Just as the procedures followed by this Court, by courts in general, and by administrative bodies, vary depending on whether the court or agency is prescribing broad, prospective legislative-type rules or, in contrast, is adjudicating an individual case (whether civil or criminal), the procedures in zoning should be consonant with the nature of the function: where the function is adjudicative, concerning peculiarly the rights or property of a particular individual, the procedure should be such that the decision is based on pertinent evidence, to which interested parties have an opportunity *205 to respond, and it should be supported by an explanation of the reasons for decision. We would require that the hearing be conducted by or for the local legislative body. Sign up for latest update on zoning changes across the USA. Finally, Justice LEVIN'S recommended position, (5), is not adopted for reasons heretofore discussed. The Kentwood Community Garden, located at 355 48th St., is one of three recognized community gardens within the city. That court specifically declined to consider the case as coming "within the purview of a preferred use doctrine", Bristow v Woodhaven, 35 Mich App 205; 192 NW2d 322 (1971), and relied on this Court's ruling in Bassey v Huntington Woods, 344 Mich 701, 704-705; 74 NW2d 897 (1956), that: "[A]n ordinance that prevents the property owner from making any beneficial use of his property is both unreasonable and confiscatory". A special amendment may be adopted only if, "(a) development at the proposed location is essential or especially appropriate in view of the available alternatives within or without the jurisdiction; or, "(b) the development is development of regional benefit under 7-301(4); or, "(c) the development could have been granted a special development permit under Part 2 of this Article or under Article 7, whether or not the development ordinance before the amendment authorized the Land Development Agency to grant a permit on that basis; or. Our disagreement concerns whether the hearing should be conducted by the local legislative body (or an agency or officer designated by it) or by the circuit court, the articulation of the standard for decision and the scope of judicial review. For example, may plaintiffs construct: multiple-family units (as indicated in their pleadings); garden apartments; a two-and-one-half story apartment house; a storage building; a church, etc.? In a separate opinion for affirmance Justice WILLIAMS said that the zoning was confiscatory as applied to Sabo's land because it could not be feasibly used as zoned, and that exclusionary zoning had been proven in Smookler because no specific land in the township had been zoned for mobile home parks and in Nickola because mobile homes had been excluded from all but one-tenth of one percent of the township. Turkish challenged the council's action in circuit court on the ground that he had not received adequate notice of the council's hearing and had previously been assured by the city planner that the surrounding property would not be platted without a unified road system.

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