835 Mason Street, Suite C-116, Dearborn, MI 48124Mon–Fri 9–5Consultations available in Spanish and Arabic 313-403-3377  ·  hassan@zaarourlaw.com
Zaarour Law, PLLC

Real estate, zoning and land use

Variances, special land use approvals, site plan review, and appeals when a city or township says no.

Municipal approvals are won on the record. The ordinance language, the property's specific facts, the way the request is framed, and what actually gets said at the hearing determine the outcome — and they determine what a court has to work with if the decision is appealed.

Municipal approvals

  • Dimensional (nonuse) variances before a zoning board of appeals
  • Use variances, where the standard is substantially harder
  • Special land use and conditional use approvals
  • Rezoning requests and planned unit development applications
  • Site plan review, conditions of approval, and negotiated development agreements
  • Nonconforming use questions — what is grandfathered, what was lost, and how
  • Licensing and land use overlap for regulated uses, including cannabis facilities

Appeals and litigation

When a board denies an application, the appeal generally goes to circuit court on the record made below. That is why the record matters so much. The firm handles appeals of ZBA and planning commission decisions, and litigation over ordinance interpretation, arbitrary enforcement, and the constitutional limits on what a municipality can require.

Bring counsel in before the hearing, not after the denial. An appeal is limited to the record that was already built. What was never said at the hearing usually cannot be said later.

Property disputes

  • Boundary, easement, and access disputes
  • Quiet title and competing-deed claims
  • Adverse possession and acquiescence
  • Restrictive covenant enforcement and condominium association disputes
  • Blight tickets, code enforcement, and ordinance violations

Common questions

What do I have to prove to get a zoning variance in Michigan?

For a dimensional variance, most ordinances require practical difficulty — typically that the property has an unusual physical characteristic not created by the owner, that strict application of the ordinance is unreasonably burdensome, and that the variance is the minimum needed. Use variances generally require unnecessary hardship, a much steeper standard. The exact wording of your municipality's ordinance controls.

How long do I have to appeal a zoning board decision?

Appeals of a zoning board of appeals decision to circuit court are subject to a short statutory deadline that runs from the decision. It is short enough that waiting to see whether the board reconsiders can cost you the appeal. Have the decision reviewed immediately.

Can the city change the rules after I bought the property?

Municipalities can amend ordinances, but prior lawful uses may continue as nonconforming uses, and vested rights can attach once approvals are obtained and substantial work is done in reliance on them. Whether that applies to you is fact-specific.

Do you appear before planning commissions and zoning boards?

Yes, throughout Wayne County and the surrounding communities, including preparing the application, the supporting record, and the presentation.

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