Planning Commission special Meeting

Detailed briefing

PLANNING COMMISSION SPECIAL MEETING — NOVEMBER 6, 2024 ATTENDEES: Planning Commission members, city staff, residents, and Zoom participants. • The commission met to address what happens after voters approved the referendum repealing zoning Ordinance 439. Staff said Michigan has no clear precedent concerning repeal of an entire zoning code, and case law does not clearly answer whether the former code automatically returned. • Staff outlined three possible paths: take no action and risk continued uncertainty; hold a public hearing to readopt the former zoning code as a safeguard; or recommend a zoning moratorium while work proceeds on a code. Staff emphasized that the zoning administrator needs clear direction when applications are submitted. • Residents and commissioners disagreed about the temporary solution. Some argued that the referendum returned the city to its former code and warned that another approach could lead to litigation. Others supported using the former code as a temporary placeholder so projects could continue. Several participants preferred a short moratorium while the city determines the legally appropriate next step. • The commission discussed practical consequences for property owners, architects, contractors, and applicants. One participant said three clients were waiting to learn which standards would govern design work. During the discussion, it was stated that projects with existing building permits could proceed based on the documents already approved. • The commission approved scheduling a public hearing for Thursday, December 5 at 5:30 p.m. in the council chambers. The stated purpose is to determine the next steps for the zoning code. Discussion indicated the hearing could consider readopting the former code or continuing a moratorium. Staff noted that zoning-ordinance action requires a public hearing with at least 15 days’ notice. • The commission also recommended that City Council impose a 35-day moratorium on all zoning permits in Harbor Springs. The recommendation is intended to bridge the period of uncertainty and reduce risk while the public-hearing process moves forward. Worth watching: 1. Whether City Council adopts, changes, or rejects the recommended 35-day permit moratorium. 2. What specific options and legal guidance are presented for the December 5 public hearing. 3. Whether the city uses the former code as a temporary placeholder or continues a moratorium while considering broader revisions. Upcoming: Regular Planning Commission meeting November 21; zoning public hearing December 5 at 5:30 p.m. Why it matters: Until the city establishes which zoning rules apply, applicants and officials face uncertainty about permits, development standards, and potential legal exposure.

Agenda items

• 5A · Discussion — Zoning Code Election Results and Next Stepsdiscussed

No open public follow-ups are linked to this meeting yet.

Related issues

• Zoning / Land Usediscussed