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Zoning Permit / Inspection Question #865582

Asked April 23, 2024, 12:01 PM EDT

I live in Algonac, MI and have 8 - 12 projects I'd like to do a couple of houses including roof, siding, windows, sidewalk, sheds, and other. I also recently had a new driveway, a new Furnace and 2 AC units installed. The city required permit for the driveway, something the contractor said he had to do in the past and he has been installing driveways for over 30 years. The total permit / inspections was around $1,100. Now the City wants to charge me permits ($50) + 2 inspection ($75 each) for a total of $200 per project. This comes out to around 4 - 6 percent of my project costs. For now though, let's focus shed. From what I see th e Michigan Building Code does not require a permit for a single-story out building if the shed is less than 200 square feet. I am requesting to build one at 12x10, below that limit. The City says I need a zoning permit for the shed, and I'll need a compaction/sand inspection and final inspection for a total of $200. They state the policy is per "the Michigan Building Code is not a negotiable board policy. The city of Algonac did not make up these rules, these rules are put in place by the state. Local government cannot choose to delete, amend, revise, ignore, add to, change, exempt certain persons from, or modify the codes." Question: Is a zoning permit required to build an 12x10 shed? Are 2 inspections required?

St. Clair County Michigan

Expert Response

Hi James, 
Thanks for your questions and comments and I can sense your frustration.  A few key points- 
  1. There is considerable variation among municipalities in terms of how the regulate things like new windows, driveways, siding, roofing, etc.  Many do not regulate these changes, and some do.   
  2. A municipality can change course and start to regulate something that they have not regulated previsouly (assuming they can reasonably support their interest in the regulation). 
It is true that the building code does not require a building permit for sheds under 200 sf.  A community can require a zoning permit for a shed of this size.  Some communities, for example, have a decreased setback for sheds of this size or do not allow sheds in the front yard (side or rear yard only). Where there is waterfront, shed placement can get more complicated. To verify compliance with zoning, a zoning permit would be required.  Many ordinances specify a zoning exemption for structures under a certain size (about 6-10 square feet) to accomodate small accessory uses, like a dog house.

From my experience, two zoning inspections for a shed seems a little on the high side. That said, it is within the City's right to require those inspections. One inspection might be to check the location of the shed before it is set to verify setbacks proper placement. The second inspection is likely a final inspection to verify location (that the applicant actually put the shed where they said they were).  Sometimes regulation is created because of a few bad actors-- that's all it takes sometimes-- to require a rule for all others to follow.  

Best Regards,
Mary Reilly
Mary Reilly, AICP Replied April 23, 2024, 2:58 PM EDT

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