Opening a business in Michigan: how zoning approval works

Who controls zoning in Michigan?

Each city, village, and township writes its own zoning ordinance under a state law called the Michigan Zoning Enabling Act (Public Act 110 of 2006). The state law sets the basic procedures, like how hearings are noticed and what the zoning board of appeals can do. The local ordinance decides what’s allowed where. That means the answer to “can I open here?” always starts with the local ordinance and zoning map.

Step 1: Find the zoning district and how your use is treated

Look up the property on your city’s or township’s zoning map, then find that district in the ordinance. Most ordinances sort uses into three groups:

Also check whether your business fits the ordinance’s definitions. A “restaurant,” a “bar or tavern,” and a “lounge” can be treated very differently. Many cities will issue a written zoning verification letter if you ask, which is worth having before you sign a lease.

Step 2: Site plan review

Many changes of use, new buildings, and additions need site plan review. The planning department, and sometimes the planning commission, checks your plans against the ordinance: parking, landscaping, lighting, signs, access, setbacks, and similar standards. Detroit, for example, requires site plan review for all conditional uses, using drawings to scale of the site, floor plan, and building elevations.

If the change is minor, some communities handle it administratively without a meeting. Ask early which applies.

Step 3: Special land use approval, if your use needs it

A special land use is a discretionary decision, usually by the planning commission or the local governing body. Under the Michigan Zoning Enabling Act:

• The community must give notice of the request. Notice is published in a local newspaper and given to the property owner and to owners and occupants of structures within 300 feet, at least 15 days before the request is considered.
• A public hearing must be held if the applicant or any owner or occupant within 300 feet asks for one, and many ordinances require a hearing in every case.
• The decision has to be based on the standards in the ordinance and explained in a written statement of findings and conclusions. The body can attach reasonable conditions.

Plan your timeline around the meeting calendar. Between the application deadline, the notice period, and the hearing, a special land use commonly takes one to three months, and longer if it’s tabled.

Step 4: Variances and the zoning board of appeals

If your plans can’t meet a specific rule, such as the number of parking spaces or a setback, you can ask the zoning board of appeals (ZBA) for a variance. The ZBA also hears appeals of decisions by the zoning administrator.

Keep two limits in mind:

• Dimensional variances (relief from size, parking, or setback rules) require showing a practical difficulty, not just that compliance is expensive.
• Use variances (permission for a use the district doesn’t allow) are not available in many communities. Where they are, state law requires a two-thirds vote of the board.

Under the state act, a ZBA can review special land use decisions only if the local ordinance says so.

Step 5: Permits and occupancy

Zoning approval isn’t permission to open. After zoning, you’ll typically need building, electrical, mechanical, and plumbing permits for any work, a fire inspection, health department approval if you serve food, and a certificate of occupancy. Businesses that serve alcohol also need an MLCC license; see our liquor license guide.

What should you do before signing a lease?

1. Get the zoning district and confirm in writing how your use is classified.
2. Ask the planning department whether you need site plan review, a special land use approval, or both, and get the meeting calendar.
3. Check parking and sign rules early. They’re the most common reasons a small project ends up at the ZBA.
4. Make the lease contingent on zoning approval, or negotiate rent-free time to cover the approval period.