TheReview_Jan_Feb_2022 Flipping Book

4. What are upcoming pressing land use issues? Land use issues are constantly changing based on technology (wireless communication), public sentiment (marihuana), or legal issues (sign regulations), however these are the pressing land use issues we anticipate in the next two year s: • Regulation of marihuana. Passage of the Medical Marihuana Facility Licensing Act (MMFLA) and Michigan Regulation and Taxation of Marihuana Act (MRTMA) r equires all Michigan municipalities to address marihuana regulations, even if communities decide to “opt out.” While many municipalities have adopted regulations, many are currently struggling with community discussions regarding whether to“opt-out” or whether to allow but regulate marihuana uses in their community. • Housing shortage, especially affordable, “attainable,” and senior housing. Lack of housing has been identified as an American and State of Michigan crisis. Attainable housing is defined as for-sale housing that is unsubsidized, profitable housing developments that meet the needs of those with incomes between 80 percent and 120 percent of the Area Median Income. • Regulation for Short-Term Rentals (STR). The Michigan House recently passed House Bill 4722 which limits a local municipality’s ability to regulate short-term rentals. Under the Bill, short-term rental properties cannot be banned, be subject to a special/conditional use permit, or be considered

HOW CAN YOU PREDICT THE LEGAL RISKS YOUR COMMUNITY MIGHT FACE? A. CRYSTAL BALL B. TAROT CARDS C. OUIJA BOARD D. ROSATI, SCHULTZ, JOPPICH & AMTSBUECHLER, PC ANSWER: D “ They are integrally involved with the day-to-day operations of the township. They anticipate what the impacts will be for the township andmake recommendations on how to deal with them.” —Township Supervisor a commercial property. Local governments can limit the percentage of short-term rentals at 30 percent of the units within its boundar ies. As of the time of the drafting of this article, the Bill has not been considered by the Senate. • Sign regulations. A 2015 Supreme Court decision, Reed v Gilbert , has required municipalities to review their sign ordinances to ensure they are “content neutral.” Content-based regulations of speech target the content of a message, whereas content-neutral regulations target the time, place, and manner that speech occurs. As a result, municipalities with existing sign regulations or those considering adopting new ones should review the legality of their regulations, to ensure they are content-neutral. Paul Montagno, AICP, is a senior associate with Carlisle Wortman. You may reach him at 734.662.2200. Megan Masson-Minock, AICP, is a senior associate with Carlisle Wor tman. You may reach her at 734.662.2200. Chris Nordstrom, PLA, is a landscape architect with Carlisle Wortman. You may reach him at 734.662.2200. Benjamin R. Carlisle, AICP, is a principal with Carlisle Wortman. You may reach him at 734.662.2200 or BCarlisle@cwaplan.com.

“They’re always available to provide advice on most planning or zoning issues and their advice is based on 35 years of experience in numerous communities throughout Michigan.” R. Brent Savidant, planning director, City of Troy 63 Michigan communities have a 22-person planning department. You can, too.

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JANUARY / FEBRUARY 2022