Planning & Zoning in Michigan>Decision Process Guide>Go to Guide>Permitted Use>Non-Residential>Denial of Site Plan
Denial of Site Plan If the site plan is denied, the applicant can either: Drop The Proposal Modify and Resubmit the Proposal Appeal to the Zoning Board of Appeals* *The Zoning Board of Appeals (ZBA) is responsible for making decisions about project appeals and variances. Under most zoning ordinances, appeals must be made within 21 days of a decision. Planned Unit Developments and Special Land Uses cannot be appealed to the ZBA unless specifically allowed in the ordinance. Who may appeal to the ZBA is determined by the state zoning enabling acts, and language in the local zoning ordinance. Appeals to the ZBA are limited to those "aggrieved" or in some way more directly affected by the decision. ZBA decisions are final and may be appealed to circuit court. However, any person "having an interest affected by the decision" may appeal to circuit court. While this language may allow a broader group to appeal ZBA decisions, the circuit court judges are only directed to assure that the decisions comply with the law, followed proper procedure, are supported by competent material and evidence, and represent a reasonable exercise of discretion. If the ZBA reverses the decision, the applicant is allowed to build. If the ZBA denies the appeal, further challenges must be taken to Circuit Court.

Page Last Updated: 9/7/2004