TheReview_Jan_Feb_2022 Flipping Book

A=All Communities S=Some Communities

Legislative Body

Planning Commission

ZBA

Decision

Decision

Recommendation

Decision

A A

A A A A A

Adopt a zoning ordinance Amend the zoning ordinance

S S S

S S S

Adopt a master plan Approve site plans

Approve special land uses Approve Planned Unit Developments Grant dimensional variances

S

S

S

A

S

Grant use variances

A A

Interpret the zoning ordinance

Interpret the zoning map

S

Hear appeals of special land uses Hear appeals of Planned Unit Developments

S

Fundamentally, each of the bodies has a critical role to play in ensuring that Michigan communities have effective land use policies and standards. Legislative bodies are ultimately responsible for adopting and amending zoning ordinances and associated amendments and provisions, while planning commissions exist as the administrative body managing the ordinance, and in some cases implementing ordinance standards. Meanwhile, ZBAs review administrative decisions, interpret the zoning ordinance when there is uncertainty, and grant variances from ordinance standards in appropriate circumstances. This dynamic, with relatively clear roles and responsibilities in theory, can become convoluted and challenging in practice, particularly when the legislative body, planning commission,

and ZBA interpret their roles and responsibilities differently, or do not have a common understanding of the community’s overarching goals. For example, a legislative body can adopt a zoning ordinance with strong standards for landscaping and beautification of commercial properties. But, in most communities, it is the responsibility of the planning commission to implement the standards through site plan review. Furthermore, if the ZBA consistently grants variances from the standards because its members view them as too burdensome, at best the ordinance becomes ineffective, and at worst inconsistent administration and interpretation exposes the community to legal liabilities and discourages investment.

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THE REVIEW