MICHIGAN ZONING ENABLING ACT
Act 110 of 2006
125.3504 Special land uses; regulations and standards; compliance; conditions; record of conditions.
Sec. 504.
(1) If the zoning ordinance authorizes the consideration and approval of special land uses or planned unit developments under section 502 or 503 or otherwise provides for discretionary decisions, the regulations and standards upon which those decisions are made shall be specified in the zoning ordinance.
(2) The standards shall be consistent with and promote the intent and purpose of the zoning ordinance and shall insure that the land use or activity authorized shall be compatible with adjacent uses of land, the natural environment, and the capacities of public services and facilities affected by the land use. The standards shall also insure that the land use or activity is consistent with the public health, safety, and welfare of the local unit of government.
(3) A request for approval of a land use or activity shall be approved if the request is in compliance with the standards stated in the zoning ordinance, the conditions imposed under the zoning ordinance, other applicable ordinances, and state and federal statutes.
(4) Reasonable conditions may be required with the approval of a special land use, planned unit development, or other land uses or activities permitted by discretionary decision. The conditions may include conditions necessary to insure that public services and facilities affected by a proposed land use or activity will be capable of accommodating increased service and facility loads caused by the land use or activity, to protect the natural environment and conserve natural resources and energy, to insure compatibility with adjacent uses of land, and to promote the use of land in a socially and economically desirable manner. Conditions imposed shall meet all of the following requirements:
(a) Be designed to protect natural resources, the health, safety, and welfare, as well as the social and economic well-being, of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.
(b) Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.
(c) Be necessary to meet the intent and purpose of the zoning requirements, be related to the standards established in the zoning ordinance for the land use or activity under consideration, and be necessary to insure compliance with those standards.
(5) The conditions imposed with respect to the approval of a land use or activity shall be recorded in the record of the approval action and remain unchanged except upon the mutual consent of the approving authority and the landowner. The approving authority shall maintain a record of conditions which are changed.
History: 2006, Act 110, Eff. July 1, 2006
Notes of Decisions
T-Mobile Cent., LLC v. Charter Twp. of West Bloomfield, 691 F.3d 794 (6th Cir. 2012).
· cites it 3× “Finally, whether the district court should have granted summary judgment in favor of the Township on Count III of the com *797 plaint because the Township had discretion to grant or deny a special land use application under Mich. Comp. Laws § 125.3504 . We affirm the judgment of…”
Whitman v. Galien Twp., 808 N.W.2d 9 (Mich. Ct. App. 2010).
· cites it 2× “] MCL 125.3504(1) further states that “[i]f the zoning ordinance authorizes the consideration and approval of special land uses .”
Nestle Waters North Am. Inc v. Osceola Twp. (Mich. Ct. App. 2019).
· cites it 3× “DISCRETION Plaintiff contends that defendant was required by MCL 125.3504(3) to grant its permit. That statute provides that “[a] request for approval of a land use or activity shall be approved if the request is in compliance with the standards stated in the zoning ordinance,…”
Three Rivers Metal Recyclers LLC v. Twp. of Fabius (Mich. Ct. App. 2020).
· cites it 3× “In lieu of granting leave to appeal, this Court concluded that the circuit court applied an incorrect legal principle, vacated the lower court’s decision, and remanded “to consider and resolve plaintiff’s objections to the conditions imposed on the special exemption use permit…”
Nat. Resources Manageent, LLC v. Parma, Twp. of (E.D. Mich. 2025).
· cites it 3× “LAWS §125.3504(1). Although the ZEA does not mandate specific standards, it does require that they meet several broad, subjective criteria: The standards shall be consistent with and promote the intent and purpose of the zoning ordinance and shall insure that the land use of…”
Grandview Beach Ass'n v. Cnty. of Cheboygan (Mich. Ct. App. 2018).
“MCL 125.3504(2) provides: The standards shall be consistent with and promote the intent and purpose of the zoning ordinance and shall insure that the land use or activity authorized shall be compatible with adjacent uses of land, the natural environment, and the capacities of…”
Grandview Beach Ass'n v. Cnty. of Cheboygan (Mich. Ct. App. 2018).
“MCL 125.3504(2) provides: The standards shall be consistent with and promote the intent and purpose of the zoning ordinance and shall insure that the land use or activity authorized shall be compatible with adjacent uses of land, the natural environment, and the capacities of…”
Earl L Ansell v. Delta Cnty. Plan. Comm'n (Mich. Ct. App. 2020).
“” MCL 125.3504(3). “A party aggrieved by the decision [of the zoning board of appeals] may appeal to the circuit court for the county in which the property is located as provided under [MCL 125.”
Js Beck Rd LLC v. Charter Twp. of Northville (Mich. Ct. App. 2024).
“3502(4), and because the circuit court did not reach the issue, we decline to address whether MCL 125.3504(3) otherwise required the Planning Commission to grant Beck’s special land use application.”
Mr C's P&M LLC v. Charter Twp. of Chesterfield (Mich. Ct. App. 2026).
“” MCL 125.3504(3). Here, applicant filed a special land use application with the Charter Township of Chesterfield’s Planning and Zoning Department to develop a Mister Car Wash at 29300 23 Mile Road in Chesterfield, as required under Chesterfield Township Zoning Ordinance § 3.”
Teridee LLC v. Charter Twp. of Haring (Mich. Ct. App. 2015).
“3503, and MCL 125.3504, those statutory provisions, by their plain language, specifically provide a mechanism for contract zoning and provide the necessary requirements.”
— Mich. Comp. Laws § 125.3504(1) — 2 cases
Whitman v. Galien Twp., 808 N.W.2d 9 (Mich. Ct. App. 2010).
“] MCL 125.3504(1) further states that “[i]f the zoning ordinance authorizes the consideration and approval of special land uses .”
Nat. Resources Manageent, LLC v. Parma, Twp. of (E.D. Mich. 2025).
“LAWS §125.3504(1). Although the ZEA does not mandate specific standards, it does require that they meet several broad, subjective criteria: The standards shall be consistent with and promote the intent and purpose of the zoning ordinance and shall insure that the land use of…”
— Mich. Comp. Laws § 125.3504(2) — 4 cases
Grandview Beach Ass'n v. Cnty. of Cheboygan (Mich. Ct. App. 2018).
“MCL 125.3504(2) provides: The standards shall be consistent with and promote the intent and purpose of the zoning ordinance and shall insure that the land use or activity authorized shall be compatible with adjacent uses of land, the natural environment, and the capacities of…”
Grandview Beach Ass'n v. Cnty. of Cheboygan (Mich. Ct. App. 2018).
“MCL 125.3504(2) provides: The standards shall be consistent with and promote the intent and purpose of the zoning ordinance and shall insure that the land use or activity authorized shall be compatible with adjacent uses of land, the natural environment, and the capacities of…”
Three Rivers Metal Recyclers LLC v. Twp. of Fabius (Mich. Ct. App. 2020).
“In lieu of granting leave to appeal, this Court concluded that the circuit court applied an incorrect legal principle, vacated the lower court’s decision, and remanded “to consider and resolve plaintiff’s objections to the conditions imposed on the special exemption use permit…”
Nat. Resources Manageent, LLC v. Parma, Twp. of (E.D. Mich. 2025).
“LAWS §125.3504(1). Although the ZEA does not mandate specific standards, it does require that they meet several broad, subjective criteria: The standards shall be consistent with and promote the intent and purpose of the zoning ordinance and shall insure that the land use of…”
— Mich. Comp. Laws § 125.3504(3) — 5 cases
Nestle Waters North Am. Inc v. Osceola Twp. (Mich. Ct. App. 2019).
“DISCRETION Plaintiff contends that defendant was required by MCL 125.3504(3) to grant its permit. That statute provides that “[a] request for approval of a land use or activity shall be approved if the request is in compliance with the standards stated in the zoning ordinance,…”
Earl L Ansell v. Delta Cnty. Plan. Comm'n (Mich. Ct. App. 2020).
“” MCL 125.3504(3). “A party aggrieved by the decision [of the zoning board of appeals] may appeal to the circuit court for the county in which the property is located as provided under [MCL 125.”
Js Beck Rd LLC v. Charter Twp. of Northville (Mich. Ct. App. 2024).
“3502(4), and because the circuit court did not reach the issue, we decline to address whether MCL 125.3504(3) otherwise required the Planning Commission to grant Beck’s special land use application.”
Nat. Resources Manageent, LLC v. Parma, Twp. of (E.D. Mich. 2025).
“LAWS §125.3504(1). Although the ZEA does not mandate specific standards, it does require that they meet several broad, subjective criteria: The standards shall be consistent with and promote the intent and purpose of the zoning ordinance and shall insure that the land use of…”
Mr C's P&M LLC v. Charter Twp. of Chesterfield (Mich. Ct. App. 2026).
“” MCL 125.3504(3). Here, applicant filed a special land use application with the Charter Township of Chesterfield’s Planning and Zoning Department to develop a Mister Car Wash at 29300 23 Mile Road in Chesterfield, as required under Chesterfield Township Zoning Ordinance § 3.”
— Mich. Comp. Laws § 125.3504(4) — 1 case
Nestle Waters North Am. Inc v. Osceola Twp. (Mich. Ct. App. 2019).
“DISCRETION Plaintiff contends that defendant was required by MCL 125.3504(3) to grant its permit. That statute provides that “[a] request for approval of a land use or activity shall be approved if the request is in compliance with the standards stated in the zoning ordinance,…”
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