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

Mich. Comp. Laws § 125.3603 (2026)

Zoning board of appeals; powers; concurring vote of majority of members.

✓ current as of July 2026
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MICHIGAN ZONING ENABLING ACT


Act 110 of 2006


125.3603 Zoning board of appeals; powers; concurring vote of majority of members.

Sec. 603.

    (1) The zoning board of appeals shall hear and decide questions that arise in the administration of the zoning ordinance, including the interpretation of the zoning maps, and may adopt rules to govern its procedures sitting as a zoning board of appeals. The zoning board of appeals shall also hear and decide on matters referred to the zoning board of appeals or upon which the zoning board of appeals is required to pass under a zoning ordinance adopted under this act. It shall hear and decide appeals from and review any administrative order, requirement, decision, or determination made by an administrative official or body charged with enforcement of a zoning ordinance adopted under this act. For special land use and planned unit development decisions, an appeal may be taken to the zoning board of appeals only if provided for in the zoning ordinance.

    (2) The concurring vote of a majority of the members of the zoning board of appeals is necessary to reverse an order, requirement, decision, or determination of the administrative official or body, to decide in favor of the applicant on a matter upon which the zoning board of appeals is required to pass under the zoning ordinance, or to grant a variance in the zoning ordinance.

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

Notes of Decisions
Cited in 15 cases (7 in the last 5 years), 2009–2025 · leading case: Edw C Levy Co. v. Marine City Zoning Bd. of Appeals, 810 N.W.2d 621 (Mich. Ct. App. 2011).
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Edw C Levy Co. v. Marine City Zoning Bd. of Appeals, 810 N.W.2d 621 (Mich. Ct. App. 2011). · cites it 6× “The circuit court ruled that, under MCL 125.3603(2), to prevail in its appeal of the city manager’s decision, SCA was required to get votes from a majority of all the zoning board of appeals members, not just those present at the time the vote was taken.”
Dubuc v. Green Oak Twp., 642 F. Supp. 2d 694 (E.D. Mich. 2009). · cites it 2× “” Mich. Comp. Laws § 125.3603 (1). The Act prescribes certain procedures; "An appeal to the zoning board of appeals stays all proceedings in furtherance of the action appealed.”
Saugatuck Dunes Coastal All. v. Saugatuck Twp. (Mich. 2022). · cites it 4× “See MCL 125.3603 to MCL 125.3607. At issue in this matter is the standard for a party to show that it has been “aggrieved” by a decision of a planning commission or zoning board of appeals for purposes of appealing those decisions under MCL 125.”
Saugatuck Dunes Coastal All. v. Saugatuck Twp. (Mich. 2022). · cites it 4× “See MCL 125.3603 to MCL 125.3607. At issue in this matter is the standard for a party to show that it has been “aggrieved” by a decision of a planning commission or zoning board of appeals for purposes of appealing those decisions under MCL 125.”
Saugatuck Dunes Coastal All. v. Saugatuck Twp. (Mich. 2022). · cites it 4× “See MCL 125.3603 to MCL 125.3607. At issue in this matter is the standard for a party to show that it has been “aggrieved” by a decision of a planning commission or zoning board of appeals for purposes of appealing those decisions under MCL 125.”
Phil Forner v. Allendale Charter Twp. Supervisor (Mich. Ct. App. 2019). · cites it 2× “MCL 125.3603 defines the scope of a township zoning board of appeals’ review as: (1) The zoning board of appeals shall hear and decide questions that arise in the administration of the zoning ordinance, including the interpretation of the zoning maps, and may adopt rules to…”
Edward H Green Trust v. Martin W Joseph (Mich. Ct. App. 2016). “3601, and sets forth the authority and duties of the board, MCL 125.3603, as well as the procedures for bringing matters before the board, MCL 125.”
Epicurean Developments LLC v. Summit Twp. (Mich. Ct. App. 2017). “3 It is noteworthy that one of the emails proffered by plaintiffs at the ZBA hearing acknowledged that the proposed use was a “swingers club,” as the email described the proposed club as a “private dance hall and social club” that would cater to “swingers.”
Epicurean Developments LLC v. Summit Twp. (Mich. Ct. App. 2017). “3 It is noteworthy that one of the emails proffered by plaintiffs at the ZBA hearing acknowledged that the proposed use was a “swingers club,” as the email described the proposed club as a “private dance hall and social club” that would cater to “swingers.”
Safet Stafa v. City of Troy (Mich. Ct. App. 2023). “” MCL 125.3603(1); see also Troy Ordinances, Chapter 39, § 15.”
Salvatore Dimercurio v. City of Royal Oak (Mich. Ct. App. 2023). “” MCL 125.3603(1). Additionally, “[t]he zoning board of appeals shall also hear and decide on matters referred to the zoning board of appeals or upon which the zoning board of appeals is required to pass under a zoning ordinance adopted under this act.”
Luanne Kozma v. Scott Law (Mich. Ct. App. 2024). “Under MCL 125.3603(1), a zoning board of appeals “shall hear and decide appeals from and review any administrative order, requirement, decision, or determination made by an administrative official or body charged with enforcement of a zoning ordinance adopted under this act.”
Show all 15 citing cases →
— Mich. Comp. Laws § 125.3603(1) — 9 cases
Saugatuck Dunes Coastal All. v. Saugatuck Twp. (Mich. 2022). “See MCL 125.3603 to MCL 125.3607. At issue in this matter is the standard for a party to show that it has been “aggrieved” by a decision of a planning commission or zoning board of appeals for purposes of appealing those decisions under MCL 125.”
Saugatuck Dunes Coastal All. v. Saugatuck Twp. (Mich. 2022). “See MCL 125.3603 to MCL 125.3607. At issue in this matter is the standard for a party to show that it has been “aggrieved” by a decision of a planning commission or zoning board of appeals for purposes of appealing those decisions under MCL 125.”
Saugatuck Dunes Coastal All. v. Saugatuck Twp. (Mich. 2022). “See MCL 125.3603 to MCL 125.3607. At issue in this matter is the standard for a party to show that it has been “aggrieved” by a decision of a planning commission or zoning board of appeals for purposes of appealing those decisions under MCL 125.”
Epicurean Developments LLC v. Summit Twp. (Mich. Ct. App. 2017). “3 It is noteworthy that one of the emails proffered by plaintiffs at the ZBA hearing acknowledged that the proposed use was a “swingers club,” as the email described the proposed club as a “private dance hall and social club” that would cater to “swingers.”
Epicurean Developments LLC v. Summit Twp. (Mich. Ct. App. 2017). “3 It is noteworthy that one of the emails proffered by plaintiffs at the ZBA hearing acknowledged that the proposed use was a “swingers club,” as the email described the proposed club as a “private dance hall and social club” that would cater to “swingers.”
— Mich. Comp. Laws § 125.3603(2) — 1 case
Edw C Levy Co. v. Marine City Zoning Bd. of Appeals, 810 N.W.2d 621 (Mich. Ct. App. 2011). “The circuit court ruled that, under MCL 125.3603(2), to prevail in its appeal of the city manager’s decision, SCA was required to get votes from a majority of all the zoning board of appeals members, not just those present at the time the vote was taken.”
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