SPECIAL USE APPLICATION

Asked March 22, 2018, 11:51 AM EDT

In a general law township, is there a deadline for reviewing a special land use application that was tabled at the applicant's request? It has been one year since the applicant requested that it be tabled.

Muskegon County Michigan community planning and zoning

1 Response

Greetings,

No, there is not statutory law on this issue. You should look to your zoning ordinance to see if there is any guidance there, then look at your planning commission bylaws. If both are silent on the timeframe for considering applications, it may be best to consider the request on an upcoming agenda and [presumably] deny the request to clear it from its pending status. Of course, if an application meets all the standards in the ordinance, approval must be granted.

The concern then is whether the applicant is required to again pay an application fee once s/he gets their things together for the request to be reconsidered. Established policy should be considered for this as well.

It will be wise to consult with the municipal attorney on how s/he feels this situation should be resolved, as this is not legal advice.