[MI] Can I legally challenge the denial of my small sign variance?
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Thank you. Under Michigan’s Zoning Enabling Act, boards have discretion but must apply standards consistently and non-arbitrarily (MCL 125.3201). Your evidence of unequal treatment could support claims of arbitrary/capricious action or equal-protection concerns (MCL 125.3502). Keep pursuing administrative remedies (reconsideration, written objections), consider engaging local officials, and potentially file a court action (e.g., order to show cause) with supporting affidavits. Also consider referrals through the State Bar/ABA/Avvo/Justia for local counsel.
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The city is favoring large chains and other small businesses for sign variances but won’t allow me anything.
Sorry you’re facing this. What specific restrictions has the city put on your signage?
I own a liquor store in Fraser, MI. Three years ago I requested a modest variance to add a 10.19 sq. ft. “Liquor” sign beneath my existing 59.5 sq. ft. wall sign (approved in 2019). After multiple ZBA meetings (2/2/23, 4/6/23, 5/18/23) and complying with every request—removing window signs, downsizing, repositioning—the variance was denied for lack of “exceptional or extraordinary” circumstances.
Meanwhile, competitors have many more signs. I’m visible from three of four nearby intersections and accessible from 14 Mile and Garfield, but the city says I’m not a corner property due to a parking-lot technicality. Customers constantly tell me they didn’t know we sell liquor; the pole sign isn’t enough. I have transcripts, videos, permits, FOIA docs, and photo comparisons. This feels like selective enforcement that harms my business daily.
Have you appealed or sought clarification on why others get variances while you don’t?
Yes—three variance meetings with shifting requirements, still denied. I filed a FOIA request last week.
I’m sorry you’re going through this. Are you essentially looking for options?
Yes. Here’s a fuller breakdown:
• Expanded from smoke shop to liquor store after securing an SDD license; combined two units; invested to revive a struggling plaza.
• Applied for a small “Liquor” sign variance (10.19 sq. ft.). Denied after three hearings despite compliance.
• Board claims past approvals don’t control, yet favors big chains now.
• Customers routinely say they didn’t know we sell liquor; I have the least signage of any SDD licensee in Fraser.
• Zoned CBD (outdated 1996 map); told I’d be fine in nearby Neighborhood Commercial; city admits the map needs revision.
• I’ve supported community efforts and revitalized the plaza; others operate non-compliant signs with little enforcement.
• I’ve gathered FOIA docs, transcripts, meeting videos, photos, and customer statements.
• New FOIA seeks all sign approvals/denials and internal communications for several businesses and related zoning enforcement/justifications.
Thank you. Under Michigan’s Zoning Enabling Act, boards have discretion but must apply standards consistently and non-arbitrarily (MCL 125.3201). Your evidence of unequal treatment could support claims of arbitrary/capricious action or equal-protection concerns (MCL 125.3502). Keep pursuing administrative remedies (reconsideration, written objections), consider engaging local officials, and potentially file a court action (e.g., order to show cause) with supporting affidavits. Also consider referrals through the State Bar/ABA/Avvo/Justia for local counsel.
This isn’t hypothetical. The board approved another company's multiple variances while denying mine, even though I have the least signage among SDD licensees. They relied on non-zoning reasons for others and say my pole sign is “enough,” which customer feedback disproves. I want someone to take this seriously—potential legal action or accountability. If you have a better referral, please share.
I can’t provide representation here; hire a local attorney to execute the options discussed (referrals via Avvo, etc.). I provided review, analysis, and options, but can’t extend representation. Thank you for reaching out. Happy to clarify anything further.
