Test Review No. 2 Test date: Wednesday, March 4

Land use planning The purpose of land use planning is –To guide growth and change in an orderly way... –That promotes the public interest... –While protecting property rights.

Balancing act Land use planning is often a matter of striking a balance –Between competing interests Commercial vs residential values Change vs stability –Planning is imposed on existing land use Public interest vs property rights

Traditional approach Euclidean –Named for Euclid, Ohio –Separates land uses by intensity Industry, light industry, commercial, office, residential –Buffers incompatible uses With zoned uses of intermediate intensity With screening, setbacks and other mitigations

Critique of Euclidean Planning Tends to foster –Urban sprawl –Over-dependence on automobile –Urban crime

Emerging approaches ‘New Urbanism’ –Compact, mixed-use development –Walkable, bikeable neighborhoods Form-based zoning –Instead of uses, regulates structures, public spaces, and their interrelationship

Planning bodies City Council –Final authority on master plan, zoning ordinance, site plans, rezoning... Unless it delegates authority to Planning Commission Zoning Board of Appeals –Required in every municipality with a zoning ordinance –Final authority on ordinance variances.

Planning tools Master plan –Sets overall direction for change –‘Fuzzy’ recommendations, not binding Zoning ordinance –Establishes binding rules for precisely defined areas –Sets up procedures for rezoning, site plan review.

Planning concepts I Zoning stays with the property, not the owner Zoning by use permits broad range of uses by right –Point of conflict over rezoning ‘Conditional rezoning:’ Uses are voluntarily narrowed by petitioner.

Planning concepts II Zoning is not retroactive –Existing uses ‘grandfathered’ as legal nonconformities –Expectations: Legal nonconformities to be brought into conformity over time. Nonconformity will not be prolonged or enlarged by remodeling, rebuilding, etc.

Economic Development Municipal tools –Downtown Development Authorities –Corridor Authorities To protect and develop older commercial areas put at risk by malls, sprawl –Industrial Development Districts To foster industrial investment through –Rehab of existing sites –New ‘greenfield’ and ‘brownfield’ development

Downtown, corridor authorities Can levy taxes within district Can issue bonds Can use tax increment financing –Captures tax on growth in property values.

Typical projects Loans to improve buildings Streetscapes Flowers, landscaping Historic preservation Parking Long-term planning

Industrial development districts Require both local and state approval Exempts up to half of property tax for up to 12 years on –New industrial development –Rehabilitated property

Michigan liquor licenses Issued by Liquor Control Commission –On recommendation of local government Based on quota, one per 1,500 people –Some not subject to quota Can be transferred from one jurisdiction to another.

On-premise licenses Class C, Hotel –Beer, wine, liquor, subject to quota Class A, Hotel –Beer, wine, subject to quota Club –B/w/l, members only, non-quota Resort –For econ development, non-quota –Costs about $20,000 to obtain

Things to know Licenses are valuable Unused licenses go into escrow Licenses can be sold on the market Background checks required

County government Characteristics –Dual state/local role –Partisan –‘Statutory’ Able to act only when the constitution or specific enabling legislation permits.

Elected officials Board of commissioners Prosecutor Sheriff Treasurer Clerk Register of Deeds

Law enforcement Prosecutor –Approves criminal charges –Represents ‘people’ in court –Civic attorney to county officials Sheriff –Appoints deputies for road patrol –Administers jail –Officer of court

Record keepers Clerk –County and court records Treasurer –County’s money Register of deeds –Property within county

Courts Deal with civil and criminal cases –Civil Wrongs done against a person Punishable with ‘damages’ –Example: Wrongful death –Criminal Wrongs done against ‘the people’ Punishable with fines, incarceration –Example: Murder

Constitutional guarantees Criminal defendants guaranteed –Legal assistance –Speedy, public trial by impartial jury –Appeal if convicted Parties to a civil suit guaranteed –Jury trial if either party requests it

Michigan’s courts Trial courts –District –Circuit –Probate Hear evidence and reach verdicts Appellate courts –Court of Appeals –Supreme Court

Circuit Court Tries felony criminal cases –Sentence of one year or more Tries civil cases >$25,000 Carries out any function normally handled by district or probate court.

District court ‘The People’s Court’ –Tries civil cases <$25,000 –Tries criminal cases < one year in jail (misdemeanors). –Intake court for felonies

Michigan’s courts Appellate Courts –Review trials for legal errors –Do not hear evidence –Can take three actions Uphold verdict Overturn verdict Remand case to trial court

Questions? Today’s PowerPoint design is ‘Writing Table’