Special Use Approval - Ask Extension
With regard to zoning, are special use approvals permanent? And do they run with the land rather than the applicant? Is this stated in the Zoning Enab...
Knowledgebase
Special Use Approval #868429
Asked May 14, 2024, 3:39 PM EDT
With regard to zoning, are special use approvals permanent? And do they run with the land rather than the applicant? Is this stated in the Zoning Enabling Act? If so, what section?
Monroe County Michigan
Expert Response
Mr. Green,
A special use approval is permanent. The permit goes with the land, not the landowner. This concept is not stated in the Michigan Zoning Enabling Act. It is based in the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, which states that no state shall deny to any person within its jurisdiction the equal protection of the laws. In the case of granting a permit, if the facts existed to approve the request the first time, and then someone later asks for the same thing, under the same zoning ordinance, for the same parcel, there should be no way for the answer to be any different. Identical findings under identical circumstances is equal treatment under the law.
A special use approval is permanent. The permit goes with the land, not the landowner. This concept is not stated in the Michigan Zoning Enabling Act. It is based in the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution, which states that no state shall deny to any person within its jurisdiction the equal protection of the laws. In the case of granting a permit, if the facts existed to approve the request the first time, and then someone later asks for the same thing, under the same zoning ordinance, for the same parcel, there should be no way for the answer to be any different. Identical findings under identical circumstances is equal treatment under the law.
