Our Feed

We are involved in our communities, our profession, and our clients' associations and activities.

Does a Township Zoning Board of Appeals have to do more in its final decision than simply stating whether a request is granted or denied?

Generally, yes. Typically, a Township’s Zoning Ordinance will provide for a written standard that must be applied when considering a request for a variance. Note there are certain criteria for variances established in the Michigan Zoning Enabling Act, even if specifics are not provided in the Township’s Zoning Ordinance. See MCL 125.3604. The Zoning Board of Appeals should grant or deny such request supported by its reason(s) for taking such action. The decision of the Zoning Board of Appeals should be supported by a review of the applicable criteria for granting or denying a variance and the information presented to it. While some zoning ordinances may be very specific as to the form of the Zoning Board of Appeals’ decision, if silent on the issue, the Zoning Board of Appeals can memorialize its decision-making in a written decision that is adopted by the Board or it can articulate the specific reasons in its motion, which is then recorded in the minutes of the Zoning Board of Appeals.

Recent Articles & Announcements

  1. What is a “Notice of Adoption”? What is a “Notice of Adoption̶...

    After adopting a new ordinance or an amendment to an existing ordinance, a municipality must publish notice of the new legal obligations in ...

    Read More
  2. What Happened During Lame Duck? ...

    This month’s E-Letter focuses on the latest legislative moves relevant to townships. Republicans and Democrats have different political pr...

    Read More
  3. Texas Federal District Court Enj...

    On December 3, 2024, the United States District Court for the Eastern District of Texas issued a Memorandum Opinion and Order prohibiting th...

    Read More
Talk to an Attorney
Request a Consultation

At Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.