Is a local ordinance valid if it...
A local ordinance is invalid if it actually conflicts with state law. A conflict exists when the ordinance permits what state law forbids,...
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If the Township Planning Commission is holding a public hearing on a special land use request, does the Commission also need to hold a public hearing on the related site plan?
Generally, no. The Michigan Zoning Enabling Act addresses the approval of special/conditional land uses and site plans. Within each Township that has zoning, the Township has adopted an ordinance to administer its zoning. Township zoning ordinances will always allow for a public hearing for special/conditional use approvals. However, site plans are not required to be noticed for a public hearing under Township zoning ordinances. Since special/conditional land use applications often accompany a site plan, the public hearing held on the application may include comments on the site plan itself. If comments on the site plan are made during a public comment, a planning commission could consider those comments while reviewing the site plan.
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