TOWNSHIP ZONING: BILLBOARD REQUEST
House Bill 6184
Sponsor: Rep. John Pappageorge
House Bill 6185
Sponsor: Rep. John Pappageorge
Committee: Local Government and Urban Policy
Complete to 8-1-01
House Bill 6184 would amend the Township Zoning Act (Public Act 184 of 1943, MCL 125.286b et al.) to require a township to notify certain neighboring communities upon receipt of an application for a special land use concerning an advertising or informational "sign" or "sign structure"-e.g., a billboard-if the request requires a decision on discretionary grounds by the township. The act allows townships to enact zoning ordinances requiring township approval for "special land uses". Upon receipt of an application for any special land use that requires a decision on discretionary grounds, the township must publish a notice in a newspaper that circulates in the township. Currently, the township must also notify the owners of the property for which approval is being considered as well as all owners and occupants of property and structures within 300 feet of the boundary of the property for which approval is being considered. The bill would require that the township also send notice to certain neighboring communities when it received a request concerning an informational or advertising "sign" or "sign structure". Specifically, the township would have to notify both the legislative body of any other township, city, or village with a boundary within 1,500 feet of the boundary of the property for which approval is being considered and the county board of commissioners of each county where any such township, city, or village is located. The legislative body of any such city, village, or township or the county board of commissioners could request that a public hearing on the sign or sign structure request be held, in accordance with procedures currently allowing other parties to call for a public hearing. Moreover, all such cities, villages, townships, and counties would have to be notified of a public hearing held on the request.
Under the act, the township board of appeals hears appeals of special land use decisions only if it the township's zoning ordinance directs the board to do so. The bill would specify that if the board of appeals heard an appeal of a decision on a special land use request concerning a sign or sign structure, the board would have to notify the neighboring communities, as described above. Also, if a township was a party in a judicial action arising from its decision on such a request, a "neighboring" city, village, or township, or county board of commissioners could intervene in the action, with the approval of the township board or under any other circumstances provided by law or the Michigan court rules.
Finally, the bill would clarify current language in the act concerning township zoning requirements for "planned unit developments"; the proposed clarifications would not make any substantive changes.
House Bill 6185 would amend the County Zoning Act (Public Act 183 of 1943, MCL 125.216b et al.) to make nearly identical changes to those proposed by House Bill 6184. Just as the Township Zoning Act allows townships to enact zoning ordinances requiring township approval for "special land uses", the County Zoning Act allows counties to enact zoning ordinances requiring county approval for such uses. In the case of a request concerning a sign or sign structure, the bill would require that the county notify all of the following; (1) the legislative body of the city, village, or township where the property that was the subject of the request was located; (2) the legislative body of any other city, village, or township with a boundary within 1,500 feet of the boundary of the property; and (3) the county board of commissioners of each other county where any of the notified cities, villages, or townships were located. Any such city, village, township, or county could request a public hearing on the request and notice of the hearing would have to be sent to all such cities, villages, townships, and counties.
Like House Bill 6184, the bill would require such cities, villages, townships, and counties to be notified of a hearing held in the case of an appealed decision concerning a "sign" or "sign structure" request. The bill would also permit such cities, villages, townships, and counties to intervene in a judicial action arising from a decision on a request. Finally, the bill would clarify certain provisions dealing with a county's regulation of planned unit developments.
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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.