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Many townships often want to know the limits of Michigan law with respect to the standards applicable to zoning to avoid excluding certain land uses within their borders. Case law suggests that some communities may find it necessary to strictly regulate the location of uses and structures through their Zoning Ordinance, including billboards, renewable energy projects (wind and solar), land uses related to waste, gravel pits, and mobile home communities. These discussions relate to exclusionary zoning challenges.
The Michigan Zoning Enabling Act in MCL 125.3207 includes statutory language that generally prohibits township zoning ordinances from totally prohibiting land uses subject to limited exceptions related to the demonstrated need for the land use, the appropriateness of location for the land use, or the lawfulness of the land use. This E-Letter provides: (1) a non-exhaustive summary of how Michigan courts have applied the statutory exclusionary zoning test and (2) tips on how your township can avoid challenges of statutory exclusionary zoning.
In townships with zoning, all zoning ordinances are subject to provisions and requirements of the Michigan Zoning Enabling Act. In summary, zoning ordinances provide for local control over the location of land uses and are intended to facilitate the orderly development of a township by ensuring, among other things, the compatibility of land uses to promote the public health, safety, and welfare. See e.g., MCL 125.3201. Michigan courts presume zoning ordinances are valid. Landon Holdings, Inc v Grattan Twp, 257 Mich App 154, 174; 667 NW2d 93 (2003).
Sometimes townships have to make difficult policy decisions when determining appropriate locations for certain land uses that may be, for various reasons, unpopular with residents without sufficient conditions and siting constraints to avoid nuisance factors such as noise, odor, glare, among other things. Because certain land uses may be either unpopular with residents or can potentially cause compatibility issues with neighboring or adjacent land uses, this may lead to a township finding that a land use is only appropriate in certain land use districts of the township. When that situation occurs, landowners who may want to site such a land use may challenge a township’s zoning regulations under an “exclusionary zoning” theory.
MCL 125.3207 is the Michigan Zoning Enabling Act’s statutory provision addressing “exclusionary zoning.” It provides:
A zoning ordinance or zoning decision shall not have the effect of totally prohibiting the establishment of a land use within a local unit of government in the presence of a demonstrated need for that land use within either that local unit of government or the surrounding area within the state, unless a location within the local unit of government does not exist where the use may be appropriately located or the use is unlawful.
In Michigan, courts interpret statutes according to their plain and ordinary language. See Warren’s Station, Inc v City of Bronson, 241 Mich App 384, 388; 615 NW2d 769 (2000). A variety of courts have reviewed the provision above and have made various findings and conclusions. Below are some examples of how courts have applied the statute above in list form for convenience.
Key takeaways from the statutory provision above in addition to the findings from various courts under MCL 125.3207 are: (1) the provision only governs when a land use is totally prohibited; (2) there must be a “demonstrated need” for the land use within a township or surrounding community unless the land use may not be appropriately located (including being unlawful).
Understanding the framework for the statutory prohibition on exclusionary zoning, townships should consider several concepts when assessing their master plans, adopting new zoning ordinances, or amending their current zoning ordinances. Below is a list of considerations that townships should consider when assessing their master plan, and drafting, amending, and applying their zoning ordinances to avoid a statutory exclusionary zoning challenge.
We hope the above helped outline how the Michigan Zoning Enabling Act’s exclusionary zoning language works and how courts have applied the test. Do not hesitate to contact us if your township needs help applying the statutory test above or otherwise needs guidance on how other challenges may apply to your zoning ordinance provisions.
Negotiating and drafting municipal construction contracts can be a stressful process for Board or Council members, even when ignoring the le...
Read MoreNo. We receive similar questions like this from clients often. An individual has no property right in a specific zoning ordinance land use c...
Read MoreGenerally, no. And, we advise against it. Townships always need to be cautious of creating any board, commission or committee that is undert...
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