Special Land Use - Ask Extension
If a Special Land Use petitioner meets all the review standards with the Planning Commission is a vote necessary to grant the SLU or is automatic? In...
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Special Land Use #889158
Asked November 01, 2024, 10:38 AM EDT
If a Special Land Use petitioner meets all the review standards with the Planning Commission is a vote necessary to grant the SLU or is automatic? In other words can an applicant meet all review standards and still be turned down? Thanks
Macomb County Michigan
Expert Response
Hello,
Thank you for reaching out to MSU Extension with your question about Special Land Use (SLU) process.
To begin, you may want to read the MSU Extension article Administrative decisions require careful application to ordinance standards: Part 1. That article goes through types of standards and the importance of following the standards. Two relevant quotes from the article to your question:
The Michigan Zoning Enabling Act (MZEA) requires that a zoning ordinance include standards to direct administrative decision makers in ruling on zoning applications that require discretion and judgment.This includes decisions on site plans, special land uses, planned unit developments, and variances. Strictly following the standards is a principal means for defending zoning decisions against charges of being unreasonable, arbitrary or capricious.
and
The MZEA requires that if the requirements and standards for decisions are satisfied, the board, commission, or official must approve the request."
Going into a bit more detail, Section 502 of the Michigan Zoning Enabling Act (MZEA) explains more about the SLU process. It is worth a review, but in summary it lets local units establish a process for SLUs, including who the reviewing/approving authority is,what the requirements and standards are, public hearing requirements, and perhaps most relevant to your question MCL 125.3502(4):
"The body or official designated to review and approve special land uses may deny, approve, or approve with conditions a request for special land use approval. The decision on a special land use shall be incorporated in a statement of findings and conclusions relative to the special land use which specifies the basis for the decision and any conditions imposed."
To put it another way, the local zoning ordinance should state who the reviewing and approving authority is, what the standards are, and the procedure to be followed. Then the responsible parties should carry out that procedure and properly document the decision. The details of this will vary (as allowed by the MZEA) from one community to another. If the Zoning ordinance calls for the PC to approve the permit then the PC would need to act to deny, approve, or approve with conditions.
You may also be interested in our MSU Extension resource How to Participate in the Zoning Process for Special Use Permits (including administrative PUD). This resource gives an high level overview of a SLU/Special use permit process, including a discussion on options around appealing a decision.
I am not an attorney and the above is meant as education, not legal advice.
Thank you for reaching out to MSU Extension with your question about Special Land Use (SLU) process.
To begin, you may want to read the MSU Extension article Administrative decisions require careful application to ordinance standards: Part 1. That article goes through types of standards and the importance of following the standards. Two relevant quotes from the article to your question:
The Michigan Zoning Enabling Act (MZEA) requires that a zoning ordinance include standards to direct administrative decision makers in ruling on zoning applications that require discretion and judgment.This includes decisions on site plans, special land uses, planned unit developments, and variances. Strictly following the standards is a principal means for defending zoning decisions against charges of being unreasonable, arbitrary or capricious.
and
The MZEA requires that if the requirements and standards for decisions are satisfied, the board, commission, or official must approve the request."
Going into a bit more detail, Section 502 of the Michigan Zoning Enabling Act (MZEA) explains more about the SLU process. It is worth a review, but in summary it lets local units establish a process for SLUs, including who the reviewing/approving authority is,what the requirements and standards are, public hearing requirements, and perhaps most relevant to your question MCL 125.3502(4):
"The body or official designated to review and approve special land uses may deny, approve, or approve with conditions a request for special land use approval. The decision on a special land use shall be incorporated in a statement of findings and conclusions relative to the special land use which specifies the basis for the decision and any conditions imposed."
To put it another way, the local zoning ordinance should state who the reviewing and approving authority is, what the standards are, and the procedure to be followed. Then the responsible parties should carry out that procedure and properly document the decision. The details of this will vary (as allowed by the MZEA) from one community to another. If the Zoning ordinance calls for the PC to approve the permit then the PC would need to act to deny, approve, or approve with conditions.
You may also be interested in our MSU Extension resource How to Participate in the Zoning Process for Special Use Permits (including administrative PUD). This resource gives an high level overview of a SLU/Special use permit process, including a discussion on options around appealing a decision.
I am not an attorney and the above is meant as education, not legal advice.
