Agenda - Planning Commission - 09/01/2016

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Zoning Bulletin August 10, 2016 1 Volume 10 1 Issue 15 Finally, the court addressed International Outdoor's claim that the City's zoning ordinance banning new billboards violated the Michigan statutory prohibition against exclusionary zoning. The court explained that MCL 125.3207 provides that: a zoning ordinance or zoning deci- sion can not have the effect of totally prohibiting a land use within a municipality if there is a demonstrated need for that land use within that municipality or within the surrounding area,unless a location within the municipality does not exist where the use may appropriately located or the use is unlawful. Assuming, without deciding, that billboards qualify as a land use under MCL 125.3207, the court concluded that International Outdoor A had failed to demonstrate that the City's zoning ordinance prohibiting new billboards was invalid under MCL 125.3207. The court acknowl- edged that the City's zoning ordinance had the effect of totally banning billboards in the City since there were no longer any billboards in exis- tence that preceded the adoption of the billboard ban in 1952 and because the ordinance prohibited the erection of any new billboards. However, the court found that International Outdoor failed to demon- strate that there was a public need for billboards within the City's boundaries. The court found that International Outdoor had, at most, shown that there was a demand for billboards as a means of cormnunica- tion and that billboards could be useful to communities. That,however, said the court, did not demonstrate that billboards were "needed[within k{ the City's boundaries] in order to communicate with the public," espe- cially given that there were already many billboards within the sur- rounding communities, and within two miles of the City's boundaries. See also: Adams Outdoor Advertising,•Inc. v. Cit) of Holland, 463 C Mich. 675, 625 N.W.2d 377(2001). E: See also: Central Advertising Co. v. Cit)) of Ann Arbor, 391 Mich. ? 533, 218 N.W.2d 27(1974). See also: Kropf v. City of Sterling Heights, 391 Mich. 139, 215 N W.2d 179(1974). Zoning News from Around the D Nation I CONNECTICUT 1-, The Norwalk Zoning Commission is reportedly considering establish- ing a nine-month moratorium on licensed medical marijuana producers and dispensary facilities. The nine•months would be used to evaluate whether and where to permit dispensaries, as well as what conditions and restrictions should be placed on them. The Zoning Commission «,2016 Thomson Reuters 11 I i` _ F fl I G