Mich. Comp. Laws » Michigan Compiled Laws / Chapter 125 / Act 110 of 2006
Michigan Compiled Laws

Mich. Comp. Laws § 125.3502 (2026)

Special land uses; review and approval; application; notice of request; public hearing; incorporation of decision in statement of findings and conclusions.

✓ current as of July 2026
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MICHIGAN ZONING ENABLING ACT


Act 110 of 2006


125.3502 Special land uses; review and approval; application; notice of request; public hearing; incorporation of decision in statement of findings and conclusions.

Sec. 502.

    (1) The legislative body may provide in a zoning ordinance for special land uses in a zoning district. A special land use shall be subject to the review and approval of the zoning commission, the planning commission, an official charged with administering the zoning ordinance, or the legislative body as required by the zoning ordinance. The zoning ordinance shall specify all of the following:

    (a) The special land uses and activities eligible for approval and the body or official responsible for reviewing and granting approval.

    (b) The requirements and standards for approving a request for a special land use.

    (c) The procedures and supporting materials required for the application, review, and approval of a special land use.

    (2) Upon receipt of an application for a special land use which requires a discretionary decision, the local unit of government shall provide notice of the request as required under section 103. The notice shall indicate that a public hearing on the special land use request may be requested by any property owner or the occupant of any structure located within 300 feet of the property being considered for a special land use regardless of whether the property or occupant is located in the zoning jurisdiction.

    (3) At the initiative of the body or official responsible for approving the special land use or upon the request of the applicant, a real property owner whose real property is assessed within 300 feet of the property, or the occupant of a structure located within 300 feet of the property, a public hearing shall be held before a discretionary decision is made on the special land use request.

    (4) The body or official designated to review and approve special land uses may deny, approve, or approve with conditions a request for special land use approval. The decision on a special land use shall be incorporated in a statement of findings and conclusions relative to the special land use which specifies the basis for the decision and any conditions imposed.

History: 2006, Act 110, Eff. July 1, 2006

Notes of Decisions
Cited in 15 cases (9 in the last 5 years), 2010–2025 · leading case: Whitman v. Galien Twp., 808 N.W.2d 9 (Mich. Ct. App. 2010).
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Whitman v. Galien Twp., 808 N.W.2d 9 (Mich. Ct. App. 2010). · cites it 6× “[MCL 125.3502(1).] MCL 125.3504(1) further states that “[i]f the zoning ordinance authorizes the consideration and approval of special land uses .”
Maple BPA, Inc. v. Bloomfield Charter Twp., 838 N.W.2d 915 (Mich. Ct. App. 2013). “MCL 125.3502(1); Whitman, 288 Mich App at 680 .”
Tuscola Wind III, LLC v. Almer Charter Twp., 327 F. Supp. 3d 1028 (E.D. Mich. 2018). “In so holding, the court of appeals relied upon the language of the Michigan Zoning Enabling Act, which expressly provides that zoning officials have discretion to deny special land use applications: "According to MCL 125.3502(4), '[t]he body or official designated to review and…”
Js Beck Rd LLC v. Charter Twp. of Northville (Mich. Ct. App. 2024). · cites it 10× “” MCL 125.3502(1). Those entities “may deny, approve, or approve with conditions a request for special land use approval.”
Lakeview Vineyards LLC v. Oronoko Charter Twp. (Mich. Ct. App. 2024). · cites it 4× “An agency’s decision is not authorized by law if it violates a statute or follows from unlawful procedure resulting in material prejudice. Dearborn Hts Pharmacy, 338 Mich App at 559.”
Grandview Beach Ass'n v. Cnty. of Cheboygan (Mich. Ct. App. 2018). · cites it 3× “” MCL 125.3502(1). See also Whitman, 288 Mich App at 680 .”
Grandview Beach Ass'n v. Cnty. of Cheboygan (Mich. Ct. App. 2018). · cites it 3× “” MCL 125.3502(1). See also Whitman, 288 Mich App at 680 .”
Lisa Montrief v. MacOn Twp. Bd. of Trs. (Mich. Ct. App. 2025). · cites it 3× “MCL 125.3502(4) states: The body or official designated to review and approve special land uses may deny, approve, or approve with conditions a request for special land use approval.”
Saugatuck Dunes Coastal All. v. Saugatuck Twp. (Mich. 2022). · cites it 2× “3103 (providing for advance notice to property owners and occupants within 300 feet of a potential zoning decision) nor MCL 125.3502 (requiring advance notice of a public hearing to property owners or occupants 18 within 300 feet of property considered for special land use) is…”
Saugatuck Dunes Coastal All. v. Saugatuck Twp. (Mich. 2022). · cites it 2× “3103 (providing for advance notice to property owners and occupants within 300 feet of a potential zoning decision) nor MCL 125.3502 (requiring advance notice of a public hearing to property owners or occupants 18 within 300 feet of property considered for special land use) is…”
Saugatuck Dunes Coastal All. v. Saugatuck Twp. (Mich. 2022). · cites it 2× “3103 (providing for advance notice to property owners and occupants within 300 feet of a potential zoning decision) nor MCL 125.3502 (requiring advance notice of a public hearing to property owners or occupants 18 within 300 feet of property considered for special land use) is…”
Nat. Resources Manageent, LLC v. Parma, Twp. of (E.D. Mich. 2025). · cites it 2× “LAWS §§ 125.3502; 125.3504, and it provides that local zoning boards “may deny, approve, or approve with conditions a request for special land use approval,” id.”
Show all 15 citing cases →
— Mich. Comp. Laws § 125.3502(1) — 5 cases
Whitman v. Galien Twp., 808 N.W.2d 9 (Mich. Ct. App. 2010). “[MCL 125.3502(1).] MCL 125.3504(1) further states that “[i]f the zoning ordinance authorizes the consideration and approval of special land uses .”
Maple BPA, Inc. v. Bloomfield Charter Twp., 838 N.W.2d 915 (Mich. Ct. App. 2013). “MCL 125.3502(1); Whitman, 288 Mich App at 680 .”
Grandview Beach Ass'n v. Cnty. of Cheboygan (Mich. Ct. App. 2018). “” MCL 125.3502(1). See also Whitman, 288 Mich App at 680 .”
Grandview Beach Ass'n v. Cnty. of Cheboygan (Mich. Ct. App. 2018). “” MCL 125.3502(1). See also Whitman, 288 Mich App at 680 .”
Js Beck Rd LLC v. Charter Twp. of Northville (Mich. Ct. App. 2024). “” MCL 125.3502(1). Those entities “may deny, approve, or approve with conditions a request for special land use approval.”
— Mich. Comp. Laws § 125.3502(1)(a) — 2 cases
Grandview Beach Ass'n v. Cnty. of Cheboygan (Mich. Ct. App. 2018). “” MCL 125.3502(1). See also Whitman, 288 Mich App at 680 .”
Grandview Beach Ass'n v. Cnty. of Cheboygan (Mich. Ct. App. 2018). “” MCL 125.3502(1). See also Whitman, 288 Mich App at 680 .”
— Mich. Comp. Laws § 125.3502(2) — 3 cases
Saugatuck Dunes Coastal All. v. Saugatuck Twp. (Mich. 2022). “3103 (providing for advance notice to property owners and occupants within 300 feet of a potential zoning decision) nor MCL 125.3502 (requiring advance notice of a public hearing to property owners or occupants 18 within 300 feet of property considered for special land use) is…”
Saugatuck Dunes Coastal All. v. Saugatuck Twp. (Mich. 2022). “3103 (providing for advance notice to property owners and occupants within 300 feet of a potential zoning decision) nor MCL 125.3502 (requiring advance notice of a public hearing to property owners or occupants 18 within 300 feet of property considered for special land use) is…”
Saugatuck Dunes Coastal All. v. Saugatuck Twp. (Mich. 2022). “3103 (providing for advance notice to property owners and occupants within 300 feet of a potential zoning decision) nor MCL 125.3502 (requiring advance notice of a public hearing to property owners or occupants 18 within 300 feet of property considered for special land use) is…”
— Mich. Comp. Laws § 125.3502(4) — 9 cases
Tuscola Wind III, LLC v. Almer Charter Twp., 327 F. Supp. 3d 1028 (E.D. Mich. 2018). “In so holding, the court of appeals relied upon the language of the Michigan Zoning Enabling Act, which expressly provides that zoning officials have discretion to deny special land use applications: "According to MCL 125.3502(4), '[t]he body or official designated to review and…”
Js Beck Rd LLC v. Charter Twp. of Northville (Mich. Ct. App. 2024). “” MCL 125.3502(1). Those entities “may deny, approve, or approve with conditions a request for special land use approval.”
Lakeview Vineyards LLC v. Oronoko Charter Twp. (Mich. Ct. App. 2024). “An agency’s decision is not authorized by law if it violates a statute or follows from unlawful procedure resulting in material prejudice. Dearborn Hts Pharmacy, 338 Mich App at 559.”
Lisa Montrief v. MacOn Twp. Bd. of Trs. (Mich. Ct. App. 2025). “MCL 125.3502(4) states: The body or official designated to review and approve special land uses may deny, approve, or approve with conditions a request for special land use approval.”
Grandview Beach Ass'n v. Cnty. of Cheboygan (Mich. Ct. App. 2018). “” MCL 125.3502(1). See also Whitman, 288 Mich App at 680 .”
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