Planning and Zoning*A*Syst #7: Community Planning and Zoning Audit: Planned Unit Development (E3057)

Planned Unit Development (E-3057) provides a review of the administrative structure for handling planned unit development handled as a special use permit and as a zoning amendment

Chapter 1: Introduction

The Community Planning and Zoning Audit is a comprehensive assessment of local government planning and zoning in Michigan. It covers basic topics and practices that members of every local planning and zoning entity should understand and should be doing. Each chapter of the Community Planning and Zoning Audit contains key points in the format of questions, checklists, and tables to assess your community’s land use planning and zoning, including the adoption and amendment process, day-to-day administration and record keeping, and decision making about special land uses, planned unit developments, and site plan reviews.

Purpose of the Audit

The Community Planning and Zoning Audit is intended for use by local units of government in Michigan to help perform a self-evaluation of the basics of the community’s planning and zoning system. The reason for doing an assessment is to learn of shortcomings and problems before they become controversial issues. As a result of going through this booklet, local officials will be alerted to things that need “fixing” and deficiencies in the community’s files. The document helps accomplish three objectives:

1. Identify liability risks from not following proper procedures and practices, and not having adequate documentation of those procedures and practices.

2. Learn to better manage the planning and zoning administration in your community.

3. Take corrective steps to improve your planning and zoning system.

Organization and Content

This publication is one of a series of 11 Michigan State University Extension Community Planning and Zoning Audits available to walk a community through a performance audit. Topics are:

1. Basic Setup (MSU Extension bulletin number E-3051) makes sure that your planning commission and zoning board of appeals are set up properly and a system is in place to make sure the community keeps up-to-date.

2. The Plan (E-3052) reviews the process of plan and plan amendment adoption (to make sure that it was done properly) and reviews of an existing plan to determine if it needs to be updated, and reviews what should be in a plan.

3. Planning Coordination (E-3053) covers the process of coordination with neighboring government planning (review of each other’s plans); coordination with state, federal and other government agencies; coordination practices; and joint planning commissions.

4. The Zoning Ordinance (E-3054) reviews the process of zoning ordinance and zoning amendment adoption (to make sure that it was done properly) and what needs to be in the file to document that the proper steps were taken. This publication also reviews what should be in a zoning ordinance.

5. Administrative Structure (E-3055) provides a performance audit for the operation of the planning commission, zoning administrator, and zoning board of appeals. It covers office procedures, job descriptions, filing systems, bylaws, rules of procedure, compliance with the Open Meetings Act, minutes, and process for meetings and decision making.

6. Special Land Uses (E-3056) provides a review of the administrative structure for handling special use permits: pre-applications, applications, public notification, record keeping, and use of standards in making decisions.

7. Planned Unit Development (E-3057) provides a review of the administrative structure for handling planned unit development handled as a special use permit and as a zoning amendment: pre-applications, applications, public notification, record keeping, and use of standards in making special use decisions or basis in the plan for zoning amendment decisions.

8. Site Plan Review (E-3058) provides a review of the administrative structure for handling site plan reviews: applications, public notification, record keeping, and use of standards in making decisions. 9. Capital Improvement Program (E-3104) provides a review of the process of creating an annual capital improvement program (CIP).

10. Subdivision and Land Splitting Reviews (E-3105) provides a review of the administrative structure for handling land divisions, subdivisions or plats, site-condominiums, lot splits, and certified plats: pre-application meetings with the developer, public notification, plat review, record keeping, and use of standards in making decisions.

11. Capital Improvements Review (E-3106) provides a review of the process for the planning commission to review and comment on local government construction projects (which are otherwise not subject to zoning), and outlines how this review can be used as a constructive way to ensure that government-funded projects comply with the adopted plan and local ordinances.

Each of these Community Planning and Zoning Audits is available at http://web2.msue.msu.edu/bulletins/subjectsearch.cfm and http://www.msue.msu.edu/lu and f,rom your county Extension office.

How to use the Audit

The Community Planning and Zoning Audit is not difficult to complete. However, it does take time and the ability to search for and find various records in your local government. The actions taken as a result of this exercise should help reduce liability risk and improve your community’s planning and zoning program.

The Community Planning and Zoning Audit can be utilized by local units of government in a variety of ways. A community can go through this booklet as a group (e.g., the planning commission or a subcommittee) or a community can have an individual do so. The advantage of performing the assessment as a group is that reviewing the community’s documents and files in detail is a great educational experience for local officials. Alternatively, a staff person within the planning department may be able to perform the audit quicker because of having greater familiarity with how the unit or government maintains its records.

Additionally, a community can perform the Community Planning and Zoning Audit with certain chapters reviewed by various groups or individuals. For instance, the planning commission could review a few chapters of the audit while the zoning board of appeals addresses another set, and the legislative body performs the evaluations in the remaining chapters. Regardless of the approach taken, the main idea is to take the time to find out where various documents are and to make sure that proper documentation is on file. Then, where necessary, take action to correct any shortcomings.

Upon completion, if your community still has questions or wants help, please contact your county Extension office. They can contact the Michigan State University Land Use Team to provide further assistance and educational programming.

Organization and Content

The Community Planning and Zoning Audit contains the following chapters:

1. Introduction. 
2. The Plan. 
3. Smart Growth

The audit is based on Michigan Public Act 110 of 2006, as amended (the Michigan Zoning Enabling Act, M.C.L. 125.3101 et seq.), Public Act 33 of 2008 (the Michigan Planning Enabling Act, M.C.L. 125.8101 et seq.), recommendations from members of the MSU Extension Land Use Team, and intergovernmental coordination and plan content “best planning practices” derived from a proposed Coordinated Planning Act developed by the Michigan Association of Planning.

The Community Planning and Zoning Audit is not designed to be a substitute for reading and understanding the Michigan Zoning Enabling Act or the Michigan Planning Enabling Act. Nor is this document a substitute for legal advice or for professional planner services. It is important to document each step of the process in planning and zoning a community. Keep detailed minutes, affidavits of publication and mailing, open meeting notices, letters of transmittal, and communications all on file so that years from now they are still available.

Defined Terms

Appeals board” means the zoning board of appeals (ZBA).

Certified” (resolution, minutes, ordinance, etc.) means the keeper of the records for the local unit of government (secretary of the planning commission or clerk of the local unit of government for the planning commission or the clerk of the municipality for the legislative body) provides an affidavit that the copy provided is a true and accurate copy of the document.

Elected official” means a member of a legislative body.

Legislative body” refers to the county board of commissioners of a county, the board of trustees of a township, the council of a city or village, or any other similar duly elected representative body of a county, township, city, or village.

Local unit of government” means a county, township, city, or village.

Municipality” means a city, village, or township.

Plan” means any plan or master plan adopted under the Michigan Planning Enabling Act or one of the three former planning acts, regardless of what it is titled.

Planning commission” means a zoning board, zoning commission,1 planning commission, or planning board.2

1On or before July 1, 2011, the duties of the zoning commission or zoning board shall be transferred to a planning commission. Thus, the zoning commission or zoning board will no longer exist (M.C.L. 125.3301(2)). 
2Starting on Sept 1, 2008, “planning boards” need to be named “planning commissions” even if a charter, ordinance, or resolution says otherwise (M.C.L. 125.3811(1)).

Chapter 2: Planned Unit Development

To perform this review, you will need:

1. A copy of your zoning ordinance.
2. The files related to processing planned unit development (PUD) applications, providing public notice, and documenting reviews, conditions, and decisions related to PUDs in your meeting minutes and other records of approval.
3. A copy of the Michigan Zoning Enabling Act.
4. A copy of the Open Meetings Act.
5. A copy of the community master plan. If the answer to a question is “yes” or “not applicable”, good. If the answer to a question is “no”, this missing item needs to be found and included in the file. If it cannot be found, consult with the local unit of government attorney for steps necessary to correct the situation.

Basic Setup

Question

Affirmative (we are doing it) answer

Negative (need to correct) answer

Action to correct has been done

1. Does the ordinance state the manner in which a planned unit development will be handled – as a special land use or as a rezoning (zoning amendment)? a. If a planned unit development will be handled as a rezoning, skip to “PUD as an Amendment” on page 6. b. If a planned unit development will be handled as a special land use, skip to “PUD as a Special Land Use” on page 20. (M.C.L. 125.3503(7)-125.3503(8))

Yes

Good. Go to the next question.

No

Doing so is required by the Michigan Zoning Enabling Act. Amend the zoning ordinance immediately to include this provision.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

PUD as an Amendment

Question

Affirmative (we are doing it) answer

Negative (need to correct) answer

Action to correct has been done

Application

 

1. Do you have on file a copy of the planned unit development application and other supporting documentation for the rezoning request from the applicant, or minutes of the meeting at which the legislative body or planning commission initiated the consideration of the rezoning?

Yes

Good. Go to the next question.

No

This is recommended but not required. If desired, try to recover the documentation and include it in the files. Also start the practice of doing so immediately for new applications.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

Process

 

2. Are established planning and zoning criteria set forth in the zoning ordinance to review planned unit development applications? (M.C.L. 125.3503(3))

Yes

Good. Go to the next question.

No

This is required by the Michigan Zoning Enabling Act. Amend the ordinance to include such criteria immediately.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

Public Notification

 

3. Is a public hearing notice for the review of a planned unit development rezoning request published in a newspaper of general circulation? (M.C.L. 125.3503(7), 125.3306, 125.3202, and 125.3103)

Yes

Good. Go to the next question.

No

Doing so is required by the Michigan Zoning Enabling Act. Start the practice of doing so immediately.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

4. Is the public hearing notice sent by mail or personal delivery to the owners of property for which approval is being considered, except for planning developments involving 11 or more parcels? (M.C.L. 125.3503(7), 125.3306, 125.3202, and 125.3103(2))

Yes

Good. Go to the next question.

No

Doing so is required by the Michigan Zoning Enabling Act. Start the practice of doing so immediately.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

5. Is the public hearing notice sent by mail or personal delivery to persons whose real property is being assessed within 300 feet of the property for which the approval is being considered, except for planning developments involving 11 or more parcels? (M.C.L. 125.3503(7), 125.3306, 125.3202, and 125.3103(2))

Yes

Good. Go to the next question.

No

Doing so is required by the Michigan Zoning Enabling Act. Start the practice of doing so immediately.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

6. If the rezoning for a planned unit development involves an individual property or 10 or fewer adjacent properties, is the public hearing notice sent by mail or personal delivery to one occupant of each structure/unit (only one notice needs to be sent to structures with more than four units) within 300 feet of the property for which the approval is being considered? (M.C.L. 125.3503(7), 125.3306, 125.3202, and 125.3103(2))

Yes

Good. Go to the next question.

No

Doing so is required by the Michigan Zoning Enabling Act. Start the practice of doing so immediately.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

7. Is the public hearing notice given not less than 15 days before the date the application will be considered for approval? (M.C.L. 125.3503(7), 125.3306, 125.3202, and 125.3103(3))

Yes

Good. Go to the next question.

No

Doing so is required by the Michigan Zoning Enabling Act. Start the practice of doing so immediately.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

8. Does the public hearing notice describe the nature of the request? (M.C.L. 125.3503(7), 125.3306, 125.3202, and 125.3103(4)(a))

Yes

Good. Go to the next question.

No

Doing so is required by the Michigan Zoning Enabling Act. Start the practice of doing so immediately.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

9. Does the public hearing notice indicate the property that is subject to the request? (M.C.L. 125.3503(7), 125.3306, 125.3202, and 125.3103(4)(b))

Yes

Good. Go to the next question.

No

Doing so is required by the Michigan Zoning Enabling Act. Start the practice of doing so immediately.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

10. Does the public hearing notice include a listing of all existing street addresses within the property? (Note: Addresses do NOT need to be created if none exist; other means of identification may be used. No addresses need to be listed at all for PUDs involving 11 or more parcels.) (M.C.L. 125.3503(7), 125.3306, 125.3202, and 125.3103(4)(b))

Yes

Good. Go to the next question.

No

Doing so is required by the Michigan Zoning Enabling Act. Start the practice of doing so immediately.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

11. Does the public hearing notice state when and where the request will be considered? (M.C.L. 125.3503(7), 125.3306, 125.3202, and 125.3103(4)(c))

Yes

Good. Go to the next question.

No

Doing so is required by the Michigan Zoning Enabling Act. Start the practice of doing so immediately.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

12. Does the public hearing notice indicate when and where written comments will be received concerning the request? (M.C.L. 125.3503(7), 125.3306, 125.3202, and 125.3103(4)(d))

Yes

Good. Go to the next question.

No

Doing so is required by the Michigan Zoning Enabling Act. Start the practice of doing so immediately.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

13. Does documentation in the file include the following?

a. Copies of notices sent by mail or personal delivery to the owners of the subject property and owners and occupants of property within 300 feet of the property being considered, and one occupant per structure or managers/owners of structures with more than four dwelling units located within 300 feet of the property for which the approval is being considered. (M.C.L. 125.3103(2))

b. Affidavits to show the notices were delivered.

c. Affidavits of publication of the public hearing notices in a newspaper of general circulation.

d. A list of those to whom notices were sent.

e. Minutes of the public hearing.

Yes

Good. Go to the next question.

No

This is recommended but not required. If desired, start the practice of doing so from this point forward.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

Minutes

 

14. Are you keeping a record of meeting minutes? (M.C.L. 15.269(1))

Yes

Good. Go to the next question.

No

Doing so is required by the Michigan Open Meetings Act. Start the practice of doing so immediately.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

15. Are the minutes being reviewed and accepted according to the appropriate rules of order?

Yes

Good. Go to the next question.

No

Doing so should be required by the legislative body’s rules of order (bylaws). Start the practice of doing so immediately, and amend the rules of order to include such a provision, if needed.(see Land Use Series: “Sample #1E: Bylaws for a planning commission” at http://www.msue.msu.edu/lu).

Check this box:

To indicate this is an improvement that needs to be done.

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16. Do the minutes show that decisions have been based on materials that are sufficiently substantiated to be found to be true (i.e., having substance or capable of being treated as fact, not imaginary)? (Article VI, §28 Michigan Constitution)

Yes

Good. Go to the next question.

No

This is required for administrative decisions. Start the practice of doing so from this point forward.

Check this box:

To indicate this is an improvement that needs to be done.

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To indicate when improvement is done.

 

17. Do the minutes reflect enough of the debate to indicate clearly which statements made in the discussion became, by consensus, the legislative body’s list of facts it found to be true and germane to the issue, the “findings of fact”? (Article VI, §28 Michigan Constitution)

Yes

Good. Go to the next question.

No

This is required for administrative decisions. Start the practice of doing so from this point forward.

Check this box:

To indicate this is an improvement that needs to be done.

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To indicate when improvement is done.

 

18. Do the minutes show that the amount of evidence supporting the legislative body’s decision outweighs the material supporting other possible decisions? (Article VI, §28 Michigan Constitution)

Yes

Good. Go to the next question.

No

This is required for administrative decisions. Start the practice of doing so from this point forward.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

19. Do the minutes show that the review is based on the entire record (minutes, application, attachments, and so on), not a review of just part of the record? (Article VI, §28 Michigan Constitution)

Yes

Good. Go to the next question.

No

This is required for administrative decisions. Start the practice of doing so from this point forward.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

20. Do the minutes include enough information for a person who did not attend the meeting to get a reasonable idea of what happened at the meeting?

Yes

Good. Go to the next question.

No

This is recommended but not required. If desired, start the practice of doing so from this point forward.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

21. Do the minutes include the following elements?

a. The date, time, and place of the meeting. (M.C.L. 15.269(1))

b. A list of members present, members absent, and indication of others present. (M.C.L. 15.269(1))

c. The motion to close a part of the meeting to the public which includes a list of the statutory authority to close the portion of the meeting. (M.C.L. 15.269(1))

d. Who spoke and a summary of what was said.

e. A statement of the approval being requested.

f. The location of the property involved (tax parcel number and description, legal description, and common description).

g. The exhibits submitted (list each one, describe each, number or letter each, and refer to the letter or number in the minutes).

h. Information considered (summary of discussion by members at the meeting).

i. The administrative body’s findings of fact.

j. Reasons for the decision that has been made.

k. The decision (i.e., approve, deny, approve with modification).

l. A list of all required conditions to the approval or improvements (and if they are to be built up front, name the type of performance security to be used), if any.

m. The list of all changes to the map/drawing/site plan submitted.

Yes

Good. Go to the next question.

No

Items a-c are required. The other elements are recommended. Start doing so immediately. Minutes for administrative bodies should contain this much detail.

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General Process

 

22. Do you consider the following questions when reviewing a proposed PUD zoning amendment for appropriateness?

a. Are there substantial reasons why the property cannot be reasonably used as currently zoned?

b. Is the use more appropriately handled as a special land use in the existing district or another district?

c. If a zone change is proposed, is it supported by the adopted master plan?

d. Would a change of present district boundaries be compatible with existing land uses in the area?

e. Are adequate sites available elsewhere that are already properly zoned to accommodate the proposed use?

f. Would the rezoning constitute a spot zone granting a special privilege to one landowner not available to others?

g. Was there a mistake in the original zoning classification?

h. Has there been a change of conditions in the area supporting the proposed rezoning?

i. Would the change severely affect traffic, public facilities, and the natural characteristics of the area, or significantly change population density?

j. Is the change consistent with the purposes for which zoning is adopted?

k. Is the proposed change out of scale with the needs of the community?

 l. If the change is approved, what will be the probable effect on stimulation of similar zoning requests in the vicinity? Would this secondary effect negatively affect community plans and public services?

m. Is the proposed change precedent-setting?

n. Is the proposed boundary appropriate? (M.C.L. 125.3201-125.211, 125.3503-125.3506)

Yes

Good. Go to the next question.

No

A number of these considerations are required by the Michigan Zoning Enabling Act. Start the practice of doing so immediately.

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To indicate this is an improvement that needs to be done.

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To indicate when improvement is done.

 

23. If this audit is being done for a township: after the public hearing, do you submit for review the proposed rezoning to the coordinating zoning committee (county zoning commission or planning commission delegated to review township zoning proposals)? (M.C.L. 125.3503(7), 125.3306, and 125.3307)

Yes

Good. Go to the next question.

NA

Not applicable because this is not a township.

No

Doing so is required by the Michigan Zoning Enabling Act (for townships). Start the practice of doing so immediately (see Land Use Series: “Checklist #4: For Adoption of a Zoning Ordinance Amendment (Including PUDs) in Michigan” at http://www.msue.msu.edu/lu).

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

24. If this audit is being done for a township: do you have on file a copy of the letter transmitting the proposed rezoning to the coordinating zoning committee (county zoning commission or planning commission delegated to review township zoning proposals)? (M.C.L. 125.3503(7), 125.3306, and 125.3307)

Yes

Good. Go to the next question.

NA

Not applicable because this is not a township.

No

This action is required by the Michigan Zoning Enabling Act (for townships). Filing a copy of the letter is recommended but not required. If desired, start the practice of doing so from this point forward.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

25. Do you have on file a copy of the review/critique of the proposed rezoning (letters, minutes, other) by county planning, a professional planner, and attorney?

Yes

Good. Go to the next question.

No

This is recommended but not required. If desired, start the practice of doing so from this point forward.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

26. Do you have on file a certified copy of the legislative body’s minutes (including motion and vote) to adopt the zoning amendment (i.e., approve the rezoning)? (M.C.L. 15.269)

Yes

Good. Go to the next question.

No

Doing so is required by the Michigan Open Meetings Act. Start the practice of doing so immediately.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

27. Do you have on file a summary report from the legislative body that includes:

a. A summary of the comments made at the public hearing?

b. Detailed findings concerning the application based on planning and zoning criteria and concerns raised at the hearing?

c. A recommendation supported by the above findings and concerns? d. If this audit is being done for a township: the county zoning review body’s recommendations?

Yes

Good. Go to the next question.

No

This is recommended but not required. If desired, start the practice of doing so from this point forward.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

28. Do you have on file a certified copy of the minutes of the legislative body’s meeting at which the proposed rezoning was reviewed? (M.C.L. 15.269)

Yes

Good. Go to the next question.

No

Doing so is required by the Michigan Open Meetings Act. Start the practice of doing so immediately.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

29. Do you have on file, if the legislative body held an additional (optional) hearing on the proposed rezoning, a copy of the landowner’s request for the hearing before the legislative body? (M.C.L. 125.3401(4))

Yes

Good. Go to the next question.

NA

Not applicable because such a public hearing was not held.

No

This is recommended but not required. If desired, start the practice of doing so from this point forward.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

30. If the legislative body held an additional (optional) public hearing on the proposed rezoning, is there documentation in the file that includes the following?

a. Copies of notices sent by mail or personal delivery to the owners of property, persons whose real property is being assessed, and one occupant per structure, or managers/owners of structures with more than four dwelling units located within 300 feet of the property for which the approval is being considered. (M.C.L. 125.3103(2))

b. Affidavits to show the notices were delivered.

c. An affidavit of publication of the public hearing notice in a newspaper of general circulation.

d. A list of those to whom notices were sent.

e. Minutes of the public hearing.

Yes

Good. Go to the next question.

NA

Not applicable because such a hearing was not held.

No

Item a is required. The other items are recommended but not required. If desired, start the practice of doing so from this point forward.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

Record Keeping

 

31. If this audit is being done for a township: do you have on file a copy of the county planning commission’s (or county board of commissioner coordinating zoning committee’s) response and recommendation on the rezoning?

Yes

Good. Go to the next question.

NA

Not applicable because this is not for a township

No

This is recommended but not required. If desired, start the practice of doing so from this point forward.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

32. Do you have on file (if the legislative body considers changes, additions, or amendments to the proposed rezoning, and the changes, etc., were referred back to the planning commission for consideration and comment within the legislative body’s specified period of time) a copy of the legislative body’s request?

Yes

Good. Go to the next question.

No

This is recommended but not required. If desired, start the practice of doing so from this point forward.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

33. Do you have on file a copy of the adopted rezoning (i.e., zoning amendment), including any amendments, supplements, and maps? (M.C.L. 125.3503(7), 125.3401(7))

Yes

Good. Go to the next question.

No

Doing so is required by the Michigan Zoning Enabling Act. Start the practice of doing so immediately.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

34. Do you have on file a copy of the notice of ordinance adoption mailed to an airport manager? (M.C.L. 125.3503(7), 125.3401(8))

Yes

Good. Go to the next question.

NA

Not applicable because there is not an airport.

No

This action is required by the Michigan Zoning Enabling Act. Filing a copy of the notice is recommended but not required. If desired, start the practice of doing so from this point forward.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

35. If this audit is being done for a township: do you have on file a copy of a statement indicating the zoning ordinance has been filed with the county clerk? (M.C.L. 41.185)

Yes

Good. Go to the next question.

NA

Not applicable because this is not a township or because the township has regular office hours on each business day and thus not required to file the ordinance with the county clerk.

No

Filing ordinance with the county clerk is required for all adopted township ordinances.

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To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

36. Do you have on file a copy of a statement indicating the zoning ordinance has been filed with the county planning commission?

If this audit is being done for a county planning commission: has the county planning commission requested copies of all zoning ordinances and zoning ordinance amendments from all municipalities? (M.C.L. 125.3869)

Yes

Good. Go to the next question.

No

The ordinance being on file with the county planning commission and the county planning commission keeping a current library of all those ordinances are recommended and a best planning practice.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

37. Do you have on file a copy of the notice of ordinance adoption published in a local newspaper of general circulation? Notice should include:

a. Either a summary of the regulatory effect of the amendment, including the geographic area affected, or the text of the amendment.

b. The effective date of the amendment.

c. The place where and time when a copy of the amendment may be purchased or inspected. (M.C.L. 125.3503(7), 125.3401(7))

Yes

Good. Go to the next question.

No

Publication of the notice is required by the Michigan Zoning Enabling Act. Filing a copy of the notice is recommended but not required. If desired, start the practice of doing so from this point forward.

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To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

38. Do you have on file a copy of the affidavit of publication of the notice of ordinance adoption in the local newspaper?

Yes

Good. Go to the next question.

No

This is recommended but not required. If desired, start the practice of doing so from this point forward.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

39. Do you have on file documentation of the filing of the zoning amendment, including any changes, supplements, and maps, with the local unit of government clerk or at some other permanent location? (M.C.L. 125.3503(7), 125.3401(7))

Yes

Good. Go to the next question.

No

A copy of the adopted ordinance needs to be filed with the clerk of the legislative body, but the planning commission is not required to keep a copy on file. This is recommended. If desired, start the practice of doing so immediately.

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To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

40. Do you have on file an updated (or annotated) copy of the entire zoning ordinance that shows the zoning amendment within the text?

Skip to page 35 (unless your zoning ordinance also handles PUD as a special land use).

Yes

Good. Go to the next question.

No

This is recommended but not required. If desired, start the practice of doing so from this point forward.

Check this box:

To indicate this is an improvement that needs to be done.

Check this box:

To indicate when improvement is done.

 

To read more about this topic, please go to the PDF provided.

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