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Planning & Community Development
Contact Planning Department - Phone: 989-837-3374 Email: kbaker@midland-mi.org
Zoning
Select a topic below for further information on:
Zoning References and Resources
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
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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:
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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.
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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.
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Planning Commission
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.
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Zoning
Board of Appeals
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
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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.
Planning Department
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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.
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All property owners within three hundred (300) feet of the subject property are
notified of the public hearing by First-Class Mail.
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Prepares a staff report for the Planning Commission.
Planning Commission
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Conducts a public hearing.
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Recommends approval, denial or modified approval to the City Council within
sixty (60) days of the public hearing.
City Council
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Receives the recommendation and proposed ordinance from the Planning Commission.
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Gives first reading of the proposed ordinance to amend the zoning map, and sets date
for public hearing.
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Places notice of the hearing in the newspaper at least fifteen (15) days prior
to the date of the public hearing.
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All property owners within three hundred (300) feet of the subject property are
notified of the public hearing by First-Class Mail.
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Conducts public hearing, and has second reading of the ordinance.
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Approves, approves with modifications, or denies ordinance.
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Zoning Board of Appeals/Zoning
Variances
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:
(PDF File))
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:
(PDF File)
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
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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
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Places a notice of the public hearing in the newspaper at least ten (10) days
prior to the date of the hearing.
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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.
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Prepares a staff report for the Zoning Board of Appeals.
Zoning Board of Appeals
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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
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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.
Planning Department
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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.
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Prepares a staff report for the Planning Commission.
Planning Commission
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Conducts a public hearing and recommends approval, denial or modified approval
to the Midland City Council within sixty (60) days.
City Council
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Receives the recommendation and proposed ordinance from the Planning Commission.
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Has first reading of the proposed ordinance, and sets date for public hearing.
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Places notice of the hearing in the newspaper at least fifteen (15) days prior
to the date of the public hearing.
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Conducts public hearing, and has second reading of the ordinance.
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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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