What are Land Use Exclusions?
In the early years of zoning and planning, certain communities attempted to totally exclude certain lawful uses from its boundaries. For instance, since multifamily dwellings sometimes have a disproportionate impact upon the infrastructure of a community, some communities have attempted to restrict their ordinances to single-family detached homes only. This type of exclusionary zoning has been prohibited. Townships do not have the authority to totally exclude from the township any specific lawful use. While apartment complexes, condominiums, industrial uses and commercial establishments might have a disparate impact upon a community, townships are without authority to totally exclude these uses.

The Township Zoning Act has a specific statutory provision which prohibits exclusionary zoning. Michigan courts have interpreted this statutory provision against municipalities by ruling that local government entities may not use its zoning ordinance to totally prohibit an otherwise lawful land use from the land contained within its boundaries where there is a demonstrated need for the land use in the municipality or surrounding area.

Accordingly, most communities adopt well reasoned master land use plans and zoning ordinances which provide for these uses in a manner that has the most positive effect on the community.

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1. What is the Planning Services Division responsible for?
2. What is Land Use Regulation?
3. What is the role of the Planning Commission?
4. What is a comprehensive or Future Land Use Plan (FLUP)?
5. Why does a community need such a plan?
6. How is the comprehensive or Future Land Use Plan developed?
7. What is zoning?
8. Why does a community use zoning?
9. What is the process for establishing zoning?
10. How is the zoning map changed?
11. What are zoning districts?
12. How much of each zoning district does a community need?
13. How is the Zoning Ordinance used?
14. What is the Subdivision Control Ordinance?
15. What is the subdivision plotting process?
16. What are site condominiums?
17. What are Planned Unit Developments and Planned Development Districts?
18. What are the advantages of a Planned Development District (PDD)?
19. What is cluster development?
20. What are the limitations on Building Permits?
21. What is a building moratorium?
22. What are Land Use Exclusions?
23. What is a non conforming use?
24. Can you please describe the Planning Process?