MICHIGAN ZONING ENABLING ACT
Act 110 of 2006
125.3203 Zoning ordinance; plan; incorporation of airport layout plan or airport approach plan; zoning ordinance adopted before or after March 28, 2001; applicability of public transportation facilities.
Sec. 203.
(1) A zoning ordinance shall be based upon a plan designed to promote the public health, safety, and general welfare, to encourage the use of lands in accordance with their character and adaptability, to limit the improper use of land, to conserve natural resources and energy, to meet the needs of the state's residents for food, fiber, and other natural resources, places of residence, recreation, industry, trade, service, and other uses of land, to ensure that uses of the land shall be situated in appropriate locations and relationships, to avoid the overcrowding of population, to provide adequate light and air, to lessen congestion on the public roads and streets, to reduce hazards to life and property, to facilitate adequate provision for a system of transportation including, subject to subsection (5), public transportation, sewage disposal, safe and adequate water supply, education, recreation, and other public requirements, and to conserve the expenditure of funds for public improvements and services to conform with the most advantageous uses of land, resources, and properties. A zoning ordinance shall be made with reasonable consideration of the character of each district, its peculiar suitability for particular uses, the conservation of property values and natural resources, and the general and appropriate trend and character of land, building, and population development.
(2) If a local unit of government adopts or revises a plan required under subsection (1) after an airport layout plan or airport approach plan has been filed with the local unit of government, the local unit of government shall incorporate the airport layout plan or airport approach plan into the plan adopted under subsection (1).
(3) In addition to the requirements of subsection (1), a zoning ordinance adopted after March 28, 2001 shall be adopted after reasonable consideration of both of the following:
(a) The environs of any airport within a district.
(b) Comments received at or before a public hearing under section 306 from the airport manager of any airport.
(4) If a zoning ordinance was adopted before March 28, 2001, the zoning ordinance is not required to be consistent with any airport zoning regulations, airport layout plan, or airport approach plan. A zoning ordinance amendment adopted or variance granted after March 28, 2001 shall not increase any inconsistency that may exist between the zoning ordinance or structures or uses and any airport zoning regulations, airport layout plan, or airport approach plan. This section does not limit the right to petition for submission of a zoning ordinance amendment to the electors under section 402 or the right to file a protest petition under section 403.
(5) The reference to public transportation facilities in subsection (1) only applies to a plan that is adopted or substantively amended more than 90 days after the effective date of the amendatory act that added this subsection.
History: 2006, Act 110, Eff. July 1, 2006 ;-- Am. 2010, Act 305, Imd. Eff. Dec. 17, 2010
Notes of Decisions
Cited in
7
cases (
3 in the last 5 years), 2007–2025 · leading case:
Kyser v. Kasson Twp, 786 N.W.2d 543 (Mich. 2010).
Kyser v. Kasson Twp, 786 N.W.2d 543 (Mich. 2010).
· cites it 2× “In particular, MCL 125.3203(1) pertains to the development of a land-use plan and provides: The zoning ordinance shall be based upon a plan designed to promote the public health, safety, and general welfare, to encourage the use of lands in accordance with their character and…”
Frenchtown Charter Twp. v. City of Monroe, 737 N.W.2d 328 (Mich. Ct. App. 2007).
· cites it 3× “” Further, the new statute, MCL 125.3203, provides: (2) If a local unit of government adopts or revises a plan required under subsection (1) after an airport layout plan or airport approach, plan has been filed with the local unit of government, the local unit of government…”
Metamora Twp. v. Am. Aggregates of Michigan Inc (Mich. Ct. App. 2021).
“To the extent that counterplaintiffs argue that the Township’s actions exceeded the scope of MCL 125.3203(1), that statute merely states the overall goals of zoning regulations.”
Tollbrook LLC v. City of Troy (Mich. Ct. App. 2025).
“The statutes set out distinct processes for taking action under them, and while “[a] zoning ordinance shall be based upon a plan,” MCL 125.3203(1),4 there is no indication in either statute that changes to a master plan mandate corresponding changes to the zoning ordinance.”
Charles Mirabella v. Twp. of Autrain (Mich. Ct. App. 2015).
“Generally, zoning ordinances follow a master plan, MCL 125.3203(1), and “a master plan serves as a general guide to future development and is a factor in determining the reasonableness of a particular zoning classification.”
Charles Mirabella v. Twp. of Autrain (Mich. Ct. App. 2015).
“Generally, zoning ordinances follow a master plan, MCL 125.3203(1), and “a master plan serves as a general guide to future development and is a factor in determining the reasonableness of a particular zoning classification.”
— Mich. Comp. Laws § 125.3203(1) — 6 cases
Kyser v. Kasson Twp, 786 N.W.2d 543 (Mich. 2010).
“In particular, MCL 125.3203(1) pertains to the development of a land-use plan and provides: The zoning ordinance shall be based upon a plan designed to promote the public health, safety, and general welfare, to encourage the use of lands in accordance with their character and…”
Metamora Twp. v. Am. Aggregates of Michigan Inc (Mich. Ct. App. 2021).
“To the extent that counterplaintiffs argue that the Township’s actions exceeded the scope of MCL 125.3203(1), that statute merely states the overall goals of zoning regulations.”
Tollbrook LLC v. City of Troy (Mich. Ct. App. 2025).
“The statutes set out distinct processes for taking action under them, and while “[a] zoning ordinance shall be based upon a plan,” MCL 125.3203(1),4 there is no indication in either statute that changes to a master plan mandate corresponding changes to the zoning ordinance.”
Charles Mirabella v. Twp. of Autrain (Mich. Ct. App. 2015).
“Generally, zoning ordinances follow a master plan, MCL 125.3203(1), and “a master plan serves as a general guide to future development and is a factor in determining the reasonableness of a particular zoning classification.”
— Mich. Comp. Laws § 125.3203(4) — 1 case
Frenchtown Charter Twp. v. City of Monroe, 737 N.W.2d 328 (Mich. Ct. App. 2007).
“” Further, the new statute, MCL 125.3203, provides: (2) If a local unit of government adopts or revises a plan required under subsection (1) after an airport layout plan or airport approach, plan has been filed with the local unit of government, the local unit of government…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.