CITY/VILLAGE ZONING: BILLBOARD REQUEST

House Bill 6084

Sponsor: Rep. John Pappageorge

Committee: Local Government and Urban Policy

Complete to 6-6-02

A SUMMARY OF HOUSE BILL 6084 AS INTRODUCED 5-16-02

House Bill 6084 would amend the City and Village Zoning Act (Public Act 207 of 1921), which allows cities and villages to regulate and restrict the use of land and structures for various purposes, to require a city or village to give notice of a request concerning an advertising or informational "sign" or "structure" requiring a discretionary decision to the legislative body of any city, village, or township with a boundary within 1,500 feet of the boundary of the property that was the subject of the request. Currently, the act allows a city or village to enact a zoning ordinance that requires parties to apply for permission to use land for special purposes, subject to review and approval by either the city or village's legislative body or by a party charged with administering the ordinance. Upon receiving an application for a "special land use" that requires a decision on discretionary grounds, a notice must both be published in a newspaper of general circulation and be sent to persons who own or occupy property or structures within 300 feet of the property under consideration. The bill would allow the legislative body of any such city, village, or township to request that a public hearing on the special land use request be held, in accordance with procedures currently allowing other parties who receive notice to request a public hearing.

Under the act, the legislative body of a city or village may serve as a board of appeals upon questions arising under a zoning ordinance or it may appoint a board. The board of appeals hears appeals and other matters referred to the board, as specified in the zoning ordinance. The bill would require that a board of appeals provide a notice of a hearing concerning an appeal of a decision on a billboard request to the legislative body of any city, village, or township within 1,500 feet of the boundary of property that was the subject of the request. Currently, the act requires that notice be given to owners and occupants of property and structures within 300 feet of the property.

Finally, the bill would specify that if a city or village was a party in a judicial action arising from a decision on a special land use request concerning a sign or structure, any other city or village, or township, with a boundary within 1,500 feet of the boundary of the property that was the subject of the action, could intervene in the action, with the approval of the legislative body of the city or village that was party to the action or under any other circumstances provided by law or the Michigan court rules.

MCL 125.584a et al.

Analyst: J. Caver

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This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.