How do I get a Zoning Board's decision overturned?

Factual Questions
1

Long story short:

I was before my local zoning board and they denied what I wanted to do.

The way it works where I live is to file a variance and pay a fee, and then they deny it (most of the time) at which point you can appeal it before the board if you are denied. I went before the board and it was a split vote 3-3. So I lost the appeal.

Do I have any options at all?

2

Is there a Zoning Commissioner? Can you inquire to him or her?

3

I assume you are in Michigan. Most Michigan municipalities have zoning boards of appeals.

http://www.google.com/search?hl=en&safe=off&client=firefox-a&rls=org.mozilla%3Aen-US%3Aofficial&q=michigan+zoning+board+of+appeals&btnG=Search

If yours doesn’t, then the legislative body for the municipality serves as a board of appeals. http://www.legislature.mi.gov/(S(mjs3ll45j05q2dudvvussiy0))/mileg.aspx?page=getObject&objectName=mcl-125-3601

Did you take it that far?

http://www.legislature.mi.gov/(S(vbtzyrf3atypd4ifkqzyya33))/mileg.aspx?page=getobject&objectname=mcl-110-2006-VI&query=on&highlight=zoning%20AND%20board%20AND%20of%20AND%20appeals

If so, the next step is Circuit Court: http://www.legislature.mi.gov/(S(mjs3ll45j05q2dudvvussiy0))/mileg.aspx?page=getObject&objectName=mcl-125-3605

This sort of appeal is very technical. I’d recommend talking to a lawyer in your jurisdiction before proceeding.

4

Whatever it’s called in your jurisdiction – Zoning Board of Appeals, Board of Adjustment, or whatever – it’s usually considered by the underlying state planning enabling statues to be a quasi-judicial body. Appeal would probably be to the lowest court.

Remember, if your variance or appeals request doesn’t meet the following qualifications, the court probably won’t overturn it.

* There are unique conditions peculiar to the parcel, such as an unusual shape; which do not exist on adjacent parcels.
* The strict application of zoning deprives you of rights commonly enjoyed by other land in the area or land with a similar zoning designation.
* The variance is in harmony with the spirit of the underlying zoning code and community comprehensive plan, and will not aversely affect property near the subject site.
* Conditions resulting in the variance request are not self-created through disregard or ignorance of land use regulations.
* The variance does not confer any special privilege that zoning does not permit on other lands, structures or buildings in the same zoning district.
* The variance is the minimum necessary to grant relief.