Local Officials

Zoning Reform

By Michigan law, zoning codes must be based on an adopted community master plan which lays out the larger community vision and future land use plan. The zoning ordinance – sometimes referred to by other names such as a United Land Development Code – is the detail on how development actually occurs. Zoning has been upheld by courts as a valid use of police power throughout the United States, but over decades many zoning codes have become unruly, regulating use, form, and everything in between. Euclidian zoning ordinances are defined by use and tend to separate uses throughout a community, are common throughout the United States; however, they have been losing favor in communities of all sizes as regulations have become too burdensome and difficult to use with changing development patterns such as mixed-use development, smaller housing formats, and new economy uses like light industrial and indoor recreation.  

Housing Now encourages communities in Marquette County to regularly review their zoning ordinance to ensure it aligns with the community master plan as well as allows for emerging development trends. Some key principles to consider include (just a few – lots more to consider): 

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1. Reduce the Number of Special Land Uses: This reduces the process expense and timeline for approval. Instead consider adding ‘conditional uses’ which lay out extra requirements for non-traditional housing opportunities which, if met, can be approved by the zoning administrator (ideally) or Planning Commission without public hearings or extra studies. 

2. Add Missing Middle Housing Definitions: Many zoning ordinances include single-family, two-family, and multifamily. That doesn’t reflect the reality of our housing market today and it forces missing middle housing projects such as triplexes or quads into limited multifamily districts or subjects them to unreasonable special land uses. By including 3-, 4- and even 5- or 6-plex developments (with conditional requirements, as needed) will allow developers to gently add density in a way that is designed to fit into existing neighborhoods without extra costs and steps that drive up the price. 

3. Relax Parking Requirements: Marquette County residents need cars – we get it and don’t disagree. But no developer is going to build a project that they think will fail, meaning they’ll add the parking they think is necessary to sell or rent the unit. Banks will oftentimes require parking too. The local code just doesn’t need to include it, and it drives up costs automatically. Instead, consider parking maximums that limit the amount of land your community loses to cars instead of housing people.  

4. Allow Administrative Approvals: The Michigan Zoning Enabling Act doesn’t require that every development go to the Planning Commission. In fact, if you have an updated, streamlined code you can reduce the workload on your volunteer Planning Commission by instead providing oversight of the Zoning Administrators' work by allowing them to approve permitted uses that meet the requirements. It not only speeds up development but also is a benefit of maintaining the code on an ongoing basis.  

 

In recent years, there have been countless resources released to help communities update their codes. Below are some of the most robust and recent: 

• Enabling Better Places - User' Guide to Zoning Reform 

• Enabling Better Places - Commercial Corridors & Shopping Centers 

• Zoning Reform Toolkit 

• Regulatory Reform in Action 

Marquette County is also fortunate to have some excellent local resources, including the Central Upper Peninsula Planning and Development Regional Commission (CUPPAD) and Michigan State University Extension. If your community is not already engaged with these two organizations, we encourage you to contact them. Housing Now can help make that connection. 
 
Resources to Support Code Updates
Reviewing and updating a zoning ordinance can be a time consuming and expensive process. While local organizations such as MSU Extension and CUPPAD can assist with these efforts initially, a community will likely have to make a notable financial investment to update its codes. Fortunately, Michigan has several grant programs to assist with such efforts: 

• Housing Readiness Incentive (MSHDA) 

• Redevelopment Ready Communities: Technical Assistance | TA Grant 

• MI Funding Hub: Planning & Development 

Communities who belong to the Lake Superior Community Partnership – Marquette County’s local economic development team – can gain assistance finding and applying for grants. Reach out to the LSCP team at lscp@marquette.org or 906-226-6591 to find a time to meet and discuss your community’s needs.