School zoning exemption is categorical? - Ask Extension
Is it your reading of Charter Township of Northville v. Northville Public Schools that, under MCL sec. 380.1263, ALL school buildings as to which the ...
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School zoning exemption is categorical? #751109
Asked May 20, 2021, 2:57 PM EDT
Is it your reading of Charter Township of Northville v. Northville Public Schools that, under MCL sec. 380.1263, ALL school buildings as to which the state superintendent of public instruction has reviewed and approved "plans and specifications for the construction, reconstruction, or remodeling of school buildings . . . and of site plans for those school buildings" are exempt from local zoning codes?
If so, do you agree that the exemption extends not just to use limitations in the zoning codes but also to dimensional requirements (such as setbacks, building heights, and lot coverage) and intensity requirements (such as building capacity limits and parking ratios)?
Wayne County Michigan
Expert Response
Schools fall under what we call "outright preemption" in Michigan. This means that schools are not subject to local zoning, including use, density and dimensional requirements found therein. More information on the limits to local zoning is found in MSU Extension's 2021 Land Use Bulletin 'Restrictions on Zoning Authority' found here: https://www.canr.msu.edu/planning/uploads/files/RestrictionsonOnZoningAuthority20210309.pdf Thank you for your inquiry.