St. Clair Shores resolution would oppose state zoning control bills

ST. CLAIR SHORES — At its meeting on March 16, the St. Clair Shores City Council agreed to adopt a resolution opposing a bipartisan series of proposed state laws that sponsors claim would reduce zoning restrictions and spur housing development in Michigan. 

At issue are Michigan House Bills 5529-5532 and 5581-5585.

St. Clair Shores council members agreed to the opposing resolution by a 7-0 vote. 

City Manager Dustin Lent explained the item at the meeting. Initially, city administrators were only opposed to the first set of bills, but the second set was added. 

“The proposed legislation, if enacted, would preempt local zoning provisions, strip local elected officials of their decision-making authority, dismiss years of thoughtful and consistent community planning work, and they amount of clear override from Lansing, the local voters and our local control that we have in regards to our planning and our zoning,” Lent said. 

The legislation was introduced by state Rep Kristian Grant, a Grand Rapids Democrat, and state Rep. Joe Aragona, a Republican who represents northern Clinton Township and most of Macomb Township. They would set parameters on property zoning and amend previous zoning legislation from the early 2000s. They would also impose property line limitations, set minimum parcel sizes and more.

If approved, a news release announcing the legislative package stated the key reforms would:

• Allow duplexes in single-family residential zones that are in, or adjacent to, metropolitan areas.

• Prohibit minimum parking space requirements of more than one space per dwelling. 

• Update the procedure for protesting zoning changes by expanding the petition area radius and setting a 60% signature threshold.

• Define setback requirements in metropolitan areas at 15 feet from the front of the property line and 5 feet from the sides and rear (with exceptions for sensitive areas like marshes and waterways). 

• Cap minimum dwelling size requirements at 500 square feet.

• Prohibit minimum lot size requirements of more than 2,500 square feet for single-family homes.

• Allow Accessory Dwelling Units on parcels with single-family homes. The legislation also defines what constitutes an ADU, caps setback requirements, prohibits additional parking mandates and allows the ADU to be built on- or off-site. 

• Reduce bureaucratic delays by creating standards for local governments to follow when reviewing development requests. 

Lent said he sent an email link to members of the Shores council to add their names individually to the opposition across the state. 

Mayor Kip Walby said local communities take pride in their local control and that they believe they know what the community wants. 

“We’re not perfect,” Walby said. “We think we have a better pulse on those kinds of things.” 

He said officials take pride in having local control and that it’s ridiculous for state officials to go to communities and tell them what they can do with local lots. 

Councilwoman Candice Rusie wrote the resolution and said she added the second set of bills to it. Rusie explained what the bills would do and how they’d upend local ordinances in St. Clair Shores. The bills would impact many communities in Michigan, but for the council resolution she focused on St. Clair Shores only. 

She said the ordinances in St. Clair Shores are what the community is built on and when they are changed, they are reviewed by the community, the Planning Commission and the city attorney, 

“We really try to make sure we’re making decisions that are consistent with the best interests of the community and what everything has done and what we planned on doing,” Rusie said. “And this is just a one size fits all, fits none, right, as they say.” 

Rusie thanked City Planner Liz Koto for adding the current ordinances to the packages. 

Rusie also said the sponsors of the bills say their aims are to have more housing within communities. 

“Again, at the expense of what?” Rusie asked. 

Councilman John Caron thanked Rusie for adding examples because it shows what the differences in lot sizes are. 

“It really does show how far out of whack these bills really are,” Caron said. 

He went on to say he was on a call with the Southeast Michigan Council of Governments and that over 2,000 local officials from all across the state have actively opposed the legislation packages. 

Locally, the Sterling Heights City Council opposed House Bills 5529-5532. 

Caron said officials want to make it seem like housing isn’t available due to rules and regulations by local municipalities. 

“They want to make it like, well, every individual other government is the problem and they’re going to try to have their one-size-fits-all-that-fits-none solution,” Caron said. 

Councilman Chris Vitale said the Department of Housing and Urban Development at the federal level has guidelines for how many square feet should be available per occupant. There are many elements to a house that the new bills do not allow for within the limitations. 

He said he hears these sorts of stipulations on a national level. 

“You know there’s money behind this, pushing this,” Vitale said. 

Councilman Dave Rubello said he spoke to an author of the bill and allegedly a lot of the language has to do with housing and the housing crisis.

For more information about the bills and the city’s opposition to them, go to the St. Clair Shores website at scsmi.net.