Links

Planning & Community Development

Contact Planning Department - Phone: 989-837-3374 Email: bkaye@midland-mi.org

Zoning

Select a topic below for further information on:

Zoning Ordinance

Related Boards and Commissions

Zoning Map

Zoning Map Amendment (Rezoning)

Processes for Changing Zoning of a Parcel

Zoning Board of Appeals/Zoning Variances

Zoning References and Resources

 Zoning Text Amendment

Zoning References and Resources

Click here to access the City of Midland's Zoning Ordinance.

Processes

There are two main processes by which a property owner can change the zoning of a parcel of land:

1)   A Zoning Map Amendment (rezoning) will rezone the district classification of a specific geographic area on a zoning map. A zoning change may address part of a parcel, single parcels or multiple parcels. An example may be changing a parcel from an office zoning district (which would permit only offices) to a commercial zoning district (which would permit offices and businesses).

2)   A Zoning Text Amendment is a change to the text in the Zoning Ordinance. A text change could amend the list of uses permitted in any zoning district; it could amend the setback required for a building or be an amendment that changes the size of a permitted sign.

Zoning References and Resources

  • Zoning Map
    The Zoning Map reflects the division of the city by legislative action (City Council decision) into areas - or zones - that specify allowable uses for real property. The zones identified on a zoning map also limit the size and area for buildings within these areas. The map implements policies of the Master Plan.

    In addition to being available as an interactive map, it is provided electronically in two formats:

- Zoning map as a dynamic online map; and

- Zoning map as a graphic map in JPEG format; and

- Zoning map in PDF format*, for ease of opening and scrolling through to find the area of your choice. To zoom in on a particular area of the map, use the Zoom tool  .

Because of the size of the zoning map, street names and other pertinent information is not readable when printing the PDF onto an 8.5" x 11" sheet of paper. If you need a printed copy of the map, contact the City Planning Department at 989-837-3374.

  • Zoning Ordinance Online
    The City of Midland Zoning Ordinance defines how property can be developed by defining things like where structures are placed, how many parking spaces are needed for a structure, what the setbacks are for a building, and more.

    You can review the entire Zoning Ordinance by selecting the Zoning Ordinance link above.

Related Boards and Commissions

Two Midland City Council-appointed boards and commissions are responsible for interacting with property owners who desire to develop property within the City of Midland. The links below are directed at the forms reviewed/considered by these two commissions.

  • Planning Commission - forms
    The Planning Commission is a City Council advisory board that oversees the city's master plan, conducts public hearings and offers recommendations to the City Council on a wide range of local land use issues including site plans for new developments, zoning law amendments and various land divisions.

Select the "Planning Commission" heading above to access applications that the Planning Commission considers.

  • Zoning Board of Appeals - forms
    The Zoning Board of Appeals is a City Council advisory board that provides for an administrative review, interpretation or exception to the Zoning Ordinance and authorizes variances as defined in the Zoning Ordinance and laws of the State of Michigan. This board reviews, hears and decides appeals, variances, temporary permits and special approvals as specified by the Zoning Ordinance.

Select the "Zoning Board of Appeals" heading above to access applications that the Zoning Board of Appeals considers.

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Zoning Map Amendment (Rezoning)

A Zoning Map Amendment (rezoning) will rezone the district classification of a specific geographic area on a zoning map. A zoning change may address part of a parcel, single parcels or multiple parcels. An example may be changing a parcel form an office zoning district (which would permit only offices) to a commercial zoning district (which would permit offices and businesses).

Time Required

Average time required to complete a rezoning request varies between 60 to 90 days. The petitioner should consult the Planning Department for advice regarding the feasibility of the intended rezoning, the zoning classification most appropriate for the intended use and conformance with the adopted Land Use Plan.

Procedure

Petitioner

  • Submits Petition for Zoning Map Amendment (Rezoning) to the City Planning Department along with a $325 filing fee. Check must be made payable to The City of Midland.

Click below to fill out the Petition for Zoning Map Amendment (Rezoning) online. To fill it out, follow the instructions at the top of the first page of the application form. Adobe Reader is required to view this form.

Petition for Zoning Map Amendment

Planning Department

  • Sets a public hearing date for the petition and places a notice of the hearing in the newspaper at least fifteen (15) days prior to the date of the hearing.

  • All property owners within three hundred (300) feet of the subject property are notified of the public hearing by First-Class Mail.

  • Prepares a staff report for the Planning Commission.

Planning Commission

  • Conducts a public hearing.

  • Recommends approval, denial or modified approval to the City Council within sixty (60) days of the public hearing.

City Council

  • Receives the recommendation and proposed ordinance from the Planning Commission.

  • Gives first reading of the proposed ordinance to amend the zoning map, and sets date for public hearing.

  • Places notice of the hearing in the newspaper at least fifteen (15) days prior to the date of the public hearing.

  • All property owners within three hundred (300) feet of the subject property are notified of the public hearing by First-Class Mail.

  • Conducts public hearing, and has second reading of the ordinance.

  • Approves, approves with modifications, or denies ordinance.

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Zoning Board of Appeals/Zoning Variances

Click here for information on the Zoning Board of Appeals, agendas and minutes.

Zoning variances are intended to provide administrative relief from a zoning provision that causes practical difficulty or unnecessary hardship for a property owner, due to unique circumstances of the property.  In other words, a zoning variance is official permission to "violate" a specific ordinance requirement when certain findings have been made.  Only the Zoning Board of Appeals can grant variances.  The "Zoning Enabling Acts" required that a Zoning Board of Appeals be established to consider requests for variances.

There are four types of variances:  area/dimension (non-use) variances; use variances; administrative reviews; and interpretation variances. 

This is the most common variance request. A non-use variance addresses issues such as the height of a building, setback of a building, and area of a sign.

For an area/dimension (non-use) variance application and criteria form that can be filled out online, plus application procedures, click on the following link:

Use Variance

A use variance permits a use of land that is not otherwise permitted in that zoning district.  This, effectively, rezones the parcel without legislative (City Council) action. Use variances are considered inappropriate except when the property CANNOT be reasonably used as it is presently zoned and other attempts to obtain local approval (e.g., through rezoning) have been denied.

For a use variance application and criteria form that can be filled out online, plus application procedures, click on the following link:

Administrative Review

The Zoning Board of Appeals can hear and decide appeals where it is alleged that there is an error in an order, requirement, permit, decision or refusal made by an official, board or commission in carrying out or enforcing any provisions of the Zoning Ordinance. Such appeals must be filed within thirty (30) days of the date of the order, decision, refusal or requirement being appealed.

For more information on this type of request, click on the link below:

Interpretation

The Zoning Board of Appeals has the authority to hear and decide requests for interpretation of the Zoning Ordinance text, including the zoning map.

For more information on this type of request, on the following link:

Time Required

The average time required to complete a Zoning Board of Appeals request is less than 30 days.

The applicant should consult the Planning Department for advice regarding the zoning appeal request.

Procedure

Petitioner

  • Submits appropriate application and any accompanying documentation as required above to the City Planning Department along with a $125.00 filing fee. Check must be made payable to The City of Midland. The application and any accompanying documentation should be received at least three (3) weeks before the next scheduled Zoning Board of Appeals meeting in order to have the appeal heard at that meeting.

Planning Department

  • Places a notice of the public hearing in the newspaper at least ten (10) days prior to the date of the hearing.

  • Except for an Ordinance interpretation, all property owners and occupants of all single- and two-family dwellings within three hundred (300) feet of the site are notified of the public hearing by First-Class Mail at least ten (10) days prior to the date of the hearing.

  • Prepares a staff report for the Zoning Board of Appeals.

Zoning Board of Appeals

  • Receives the application and staff report from Planning Department staff.

    The Board usually makes its determination at the same meeting as the public hearing. However, additional information may be needed before a decision can be made. In this instance, the Board shall make its decision within a reasonable amount of time.

    A copy of the Board’s decision shall be mailed to the applicant.

The decision of the Zoning Board of Appeals is final. Persons objecting to the decision may appeal to the Circuit Court.

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Zoning Text Amendment

A zoning text amendment is a change to the text in the Zoning Ordinance. A text change could amend the list of uses permitted in any zoning district; it could amend the setback required for a building or be an amendment which changes the size of a permitted sign.

Time Required

Average minimum time required to complete a request to amend the Zoning Ordinance is ninety (90) days. The petitioner should consult the Planning Department for advice regarding the feasibility of the intended amendment and the possible wording for such a change.

Procedure

Petitioner

  • Submits Petition for Zoning Text Amendment along with a $325 filing fee to the City Planning Department. Check must be made payable to The City of Midland.

Click below to fill out the Petition for Zoning Map Amendment (Rezoning) online. To fill it out, follow the instructions at the top of the first page of the application form. Adobe Reader is required to view this form.

Petition for Zoning Text Amendment

Planning Department

  • Sets a public hearing date for the petition and places a notice of the hearing in the newspaper at least fifteen (15) days prior to the date of the hearing.

  • Prepares a staff report for the Planning Commission.

Planning Commission

  • Conducts a public hearing and recommends approval, denial or modified approval to the Midland City Council within sixty (60) days.

City Council

  • Receives the recommendation and proposed ordinance from the Planning Commission.

  • Has first reading of the proposed ordinance, and sets date for public hearing.

  • Places notice of the hearing in the newspaper at least fifteen (15) days prior to the date of the public hearing.

  • Conducts public hearing, and has second reading of the ordinance.

  • Approves or denies ordinance.

*To view PDF documents, you must have a copy of Adobe Reader. Click on the icon below to download a free copy of Reader software.

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