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Planning

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1. What is the Planning Services Division responsible for?

The Planning Services Division is responsible for long-range planning for the community, administering the Zoning Ordinance and other land development ordinances, and acting as the technical staff to the Planning Commission and the Zoning Board of Appeals. Planning Services also administers the community's Geographic Information System and has many map products available.

2. What is Land Use Regulation?

Canton Township receives its authority to regulate land development from the State of Michigan. Townships are statutory creatures and have only limited powers. Townships are granted, by the state, specific powers through the Michigan Zoning Enabling Act. The Michigan law authorizes the townships to provide zoning ordinances for the regulation of the use of the land and structures. These ordinances must be reasonable in nature.

There are limited tools provided by the State of Michigan to control growth. Community zoning and planning is the most effective method to control both growth and development. Since the historic 1926 United States Supreme Court decision of Euclid versus Ambler Realty Co., it has been held that zoning ordinances do not, in principle, offend the United States Constitution. Courts have held that the power to regulate human conduct and promote public welfare through zoning ordinances is a valid exercise of police power when the communities have been authorized to enact such ordinances by the legislature.

In Michigan, with the enactment of the original Township Zoning Act in 1973, Michigan Townships were given specific authority to regulate land development and over crowding of land and congestion of population through zoning ordinances. However, communities are not given unlimited authority to control private property. The zoning ordinances must be reasonable to pass the test of its legality. Generally speaking, zoning ordinances which destroy the value of property or which are labeled "confiscatory" have been found to be unreasonable and thereby unenforceable.

This rule of reason applies to all zoning ordinances and municipality efforts to control growth and development. For instances, courts have prohibited some municipalities’ efforts to frustrate growth by unreasonably refusing to expand water and sewer systems. Also, the courts have overturned zoning ordinances which attempt to restrict population densities when there is no showing of good reason for the restrictions.

In general, the control of growth and development is best achieved through a well reasoned master land use plan in combination with a zoning ordinance which reflects the objectives of the master plan. The courts are not hesitant to overturn any ordinance which is unreasonable in its application or confiscatory in its effect.

3. What is the role of the Planning Commission?

The Planning Commission is an appointed body that reviews proposed development projects and makes recommendations to the Township Board of Trustees. The commission generally meets on the 1st and 3rd Monday of every month, in either a study session or regular meeting.

All new projects in Canton must undergo a rigorous approval process. Except for industrial projects, this includes review by the Planning Commission. The commission has authority to grant final approval to projects located in the Office District, planning staff has the authority to review and approve Industrial projects. The approval process ensures that each project meets all local and state zoning regulations, and that the community receives the best development possible. The commission can recommend approval of a project to the Board of Trustees, ask for revisions to be made, table any action on a project, or recommend denial of a project to the board.

The Planning Commission is also responsible for final approval of and amendments to the township’s Comprehensive Plan and Future Land Use Map.

4. What is a comprehensive or Future Land Use Plan (FLUP)?

A comprehensive or Future Land Use Plan (FLUP) is a long-range plan that focuses on land use in a community. The FLUP may also specify guidelines for transportation, utilities, recreation, and public services. The FLUP provides a legal basis for all land development regulation. One of its basic building blocks is the Future Land Use Map, which designates the location and maximum intensity of future development.

5. Why does a community need such a plan?

The Future Land Use Plan (FLUP) is fundamental in establishing goals and objectives for a community’s growth and development (or re-development), because it provides a vision of the community in the future. By establishing parameters for types and locations of land use, density of residential use, and compatibility between adjacent uses, a sense of order is maintained.

6. How is the comprehensive or Future Land Use Plan developed?

The planning staff evaluates base data, such as existing land use patterns, development trends, population and housing data, utilities, natural features, and environmental constraints. Community leaders hold several goal-setting meetings to provide direction to the planning staff; these meetings identify problems, issues, and opportunities that the plan should address. Likewise, the Planning Commission holds public workshops to gather input from residents and affected property owners.

Next, the planning staff develops strategies aimed at implementing the community’s goals and objectives. These strategies may include suggested amendments to the Zoning Ordinance, small area studies, economic development plans, evaluation of the effectiveness of current standards, etc. The process is complete once public hearings are held, all issues are resolved and the plan is adopted by the Planning Commission. The plan and any amendments must also be transmitted to the township board for acceptance.

7. What is zoning?

Zoning is a set of regulations that set forth the basic parameters for development and land use in a community. Zoning Ordinances define the land uses permitted in each district by specifying zoning districts, parking requirements, landscaping, signage, site development standards, procedures, and the zoning map. The Zoning Ordinance implements the goals and objectives of the MLUP, and provides a much greater level of detailing regulating the different land uses.

8. Why does a community use zoning?

Zoning protects property values and promotes the community’s general safety and welfare by preventing incompatibilities and nuisances, maintain stability, and implementing the FLUP.

9. What is the process for establishing zoning?

The process for establishing zoning is similar to establishing the MLUP, but on a more detailed scale. A public hearing process is necessary prior to adoption of the Zoning Ordinance by the Planning Commission, which reviews the ordinance and makes its recommendation to the Board of Trustees. The board then reviews, adopts, and publishes the ordinance pursuant to state law.

10. How is the zoning map changed?

Owners or authorized representatives may petition the township to amend the zoning map, or the township may rezone property on its own action. A public hearing is held before the Planning Commission, in which staff members analyze compatibility with surrounding land uses and whether the request is consistent with the Future Land Use Map. The Planning Commission takes comments from surrounding property owners before considering the staff’s recommendation and making recommendation to the board for a final decision.

11. What are zoning districts?

Zoning districts are districts designating specific uses of land and buildings that may be permitted, and the yard setbacks, open spaces, lot areas, and other basic development standards that must be met.

12. How much of each zoning district does a community need?

Generally, this is determined by projections of population and development trends, which are taken into consideration and reflected in the Future Land Use Element of the Comprehensive Plan. Market conditions also play a big role in the detailed mix and proportion of land on the zoning map.

Likewise, the FLUP and community goals may encourage or discourage certain types or intensities of land use.

13. How is the Zoning Ordinance used?

It provides general setback and height limitations, design standards (such as parking and loading, landscaping and buffering requirements, and exterior material standards), standards for non-conforming (grandfathered) uses, and standards / procedures for appeal of special land uses and for appeals and variances.

14. What is the Subdivision Control Ordinance?

The Subdivision Control Ordinance governs how property is divided into smaller lots or individual building sites. These regulations provide detailed procedures and design standards for the division of land for residential and non-residential development.

15. What is the subdivision plotting process?

First, the Planning Commission and the board review and grant tentative approval of a preliminary plat, a conceptual plan with schematic utility, lot, and road layouts. Next, the board reviews and grants final approval of a preliminary plat, detailed plan that has completed engineering plans and outside agency permits for utilities, wetlands, soil conservation, and roads. This allows construction of utilities and roads to proceed.

Once construction is complete, or securities for the proposed improvements have been provided to the township and the county, the board may approve the final plat, which is then reviewed by the county and state Plat Board, and recorded. This permits the sale of lots and, in the case of residential subdivisions, construction of homes to begin.

16. What are site condominiums?

Site condominiums are a form of land subdivision in which the project is developed under a master deed rather than a plat. Site condominiums include private roads instead of public roads. Also, the land is sold under condominium ownership, meaning an individual owns the house and usually the land under the foundation, with an exclusive right to use the site around the home. Some developers sell off the site, similar to a platted subdivision, but the roads, parks and other common areas are owned in common by all property owners.

17. What are Planned Unit Developments and Planned Development Districts?

A Planned Unit Development (PUD) or Planned Development District (PDD) generally consists of a large tract of land, governed by a Master Development Plan. This plan generally incorporates a mix of land uses (single family homes, apartments, condominiums, commercial uses, etc.), in addition to parks, schools, and other common elements. This flexibility in design standards encourages design creativity and preservation of natural amenities. Examples include Pheasant Run, Central Park, and Cherry Hill Village.

PUDs are optional and discretionary methods of development designed to permit flexibility in the regulation of land development. PUDs encourage innovation in land use and variety in design, layout, and type of structures to achieve economy and efficiency in the use of land and the utilization of unique characteristics and the natural resources found on specific sites. PUDs were utilized in Canton during the 1970s through the early 1990s.

A PUD was a contract entered into by the developer and the community. It specified a variety of elements, including; density, set backs, landscaping, land uses, etc. PUDs did not include a sunset provision in the agreements. In many cases the land uses agreed to when the agreement was struck no longer make sense. However, because these agreements run with the land and have no sun set provision the owners have a right to develop the projects today as envisioned 30 years ago.

The community adopted a new PDD ordinance in the early 1990s. The new ordinance addressed the flaws in the early PUD ordinance. PDDs sun set after 6 years and must include design excellence and community benefit.

18. What are the advantages of a Planned Development District (PDD)?

PDDs permit flexibility in design, resulting in a more creative approach to resolving design issues. They are generally more economical and efficient in providing public services and utilities. They require a minimum of 25% open space, which encourages neighborhood parks and preservation of natural features. They may provide a variety of housing types and in some cases, commercial uses. Finally, they provide opportunities to negotiate, giving the developer some flexibility while providing amenities that benefit the entire community.

19. What is cluster development?

A cluster development is an alternative form of residential development that allows flexible design concepts and smaller lots, where the site has significant natural or environmental features, or where the developer wishes to provide unique amenities that would enhance the area. A cluster is intended to be used in more rural areas to preserve scenic vistas and open space. It can be used in conjunction with the Planned Development option. A cluster development requires special approval from the Planning Commission and board, must meet very specific design criteria, and is not as flexible as a Planning Development District.

20. What are the limitations on Building Permits?

Generally, townships do not have the discretionary authority to deny valid applications for building permits. Michigan courts have consistently compelled municipalities to issue building permits if all building code and land use regulations have been satisfied.

21. What is a building moratorium?

Townships do not have the general legal authority to impose building moratoriums, absent emergency situations. Municipalities are without power to restrict growth in this manner. Moratoriums for growth control have been viewed as a deprivation of property without just compensations, and the courts have quite consistently found that such acts are invalid, without any statutory authority, and are discriminatory in nature.

22. What are Land Use Exclusions?

In the early years of zoning and planning, certain communities attempted to totally exclude certain lawful uses from its boundaries. For instance, since multifamily dwellings sometimes have a disproportionate impact upon the infrastructure of a community, some communities have attempted to restrict their ordinances to single-family detached homes only. This type of exclusionary zoning has been prohibited. Townships do not have the authority to totally exclude from the township any specific lawful use. While apartment complexes, condominiums, industrial uses and commercial establishments might have a disparate impact upon a community, townships are without authority to totally exclude these uses.

The Township Zoning Act has a specific statutory provision which prohibits exclusionary zoning. Michigan courts have interpreted this statutory provision against municipalities by ruling that local government entities may not use its zoning ordinance to totally prohibit an otherwise lawful land use from the land contained within its boundaries where there is a demonstrated need for the land use in the municipality or surrounding area.

Accordingly, most communities adopt well reasoned master land use plans and zoning ordinances which provide for these uses in a manner that has the most positive effect on the community.

23. What is a non conforming use?

When the legislature gave municipalities the power to adopt zoning ordinances, it placed some limitations and restrictions on this power intended to protect property owners from excessive hardship. The state provides that existing uses and structures might continue to be maintained despite any provision in the zoning ordinance to which they did not conform. These are called lawful non-conforming uses or structures. Most communities have quite a number of these non-conforming uses, because it is practically impossible to avoid creating some when preparing a zoning ordinance and map in a rational fashion.

Most zoning ordinances prohibit the expansion of a non-conforming use and the Michigan courts have generally approved such prohibitions against expansion of non-conforming uses, but the courts have protected property owners by allowing the original non-conforming use to continue in its operation.

24. Can you please describe the Planning Process?

1. The concept or pre-application meeting - In the earliest stages of a project’s development, the project sponsor meets informally with various township staff members to review matters such as zoning and preliminary design issues. This lets the sponsor know if the project is headed in the right direction, and brings any areas of concern to light. Once these issues are discussed, the application process can begin.


2. The Development Review Committee - Once an application for a new development is accepted, it is reviewed by the Development Review Committee (DRC), which includes representatives from the Planning, Fire, Building, and Engineering Departments. The DRC meets weekly to review site plans and help the developer fine-tune them to meet all of Canton’s requirements. Industrial projects may be approved by Planning Services; all others proceed to the Planning Commission.


3. Public Hearing - Many projects require a public hearing by the Planning Commission before they can proceed with the approval process. Situations that require a public hearing include rezoning requests, special land use. Requests (in which the proposed use for the site is only allowed with special conditions form the community), creation of a Planned Development District, or requests to change the Comprehensive Plan.
   
   As part of this process, all property owners within 300 feet of the site are notified. In addition, a notice is published in the local newspaper and (for rezoning) a sign is posted on the site. During the hearing, the Planning Commission considers the request to be acceptable; it is then forwarded to the Board of Trustees with a recommendation for final approval.


4. Planning Commission Review - Once the DRC completes final review of a site plan, the recommendation is forwarded to the Planning Commission for review. The Planning Commission can recommend approval of the project, ask for revisions to be made, table any action on the project, or recommend denial of the site plan. If the project is located in the Office district, the Commission has authority to grant final approval. Any other project is recommended to the Board of Trustees for final approval.


5. Board of Trustees - By the time a project reaches the Board of Trustees for approval it has been thoroughly reviewed and modified by the planning staff and the Planning Commission. If the project meets all requirements set down in the community’s zoning ordinances, the board will approve the plan.


6. Next Steps - Once the Board offers final approval to a site plan, the developer can begin the engineering review and building permit process. This involves receiving a variety of permits from Canton’s Public Works Division, and possibly from Wayne County and the State of Michigan as well.
   
   Once these permits are in order, Canton’s Building and Inspection Services Division reviews and issues a building permit that allows construction to begin. During construction, Public Works and Building Services oversee the project and conduct a series of inspections to make sure the approved work is actually carried out (Public Works focuses on site and infrastructure work, while Building tracks construction of the actual structure). When all of the final inspections are complete, including a site inspection by Planning Services, Building Services issues a "Certificate of Occupancy" which allows the facility to be occupied.