HOUSE BILL No. 6084 May 16, 2002, Introduced by Reps. Pappageorge, Gosselin, Palmer, Pumford, Koetje, George, Ehardt, Hager, Godchaux, Faunce, Vander Veen, Jelinek, Rivet, Jacobs, Tabor, Clarke, O'Neil, Lockwood, Neumann, Plakas, Pestka, McConico, Phillips, Basham, Mortimer, Woronchak, Bishop, Schermesser, Kolb and Jansen and referred to the Committee on Local Government and Urban Policy. A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending sections 4a, 5, 11, and 20 (MCL 125.584a, 125.585, 125.591, and 125.600), section 5 as amended by 2000 PA 20, sec- tion 11 as amended by 1986 PA 191, and section 20 as amended by 2001 PA 179, and by adding section 9a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 4a. (1) A city or village may provide in a zoning 2 ordinance for special land uses which shall be permitted in a 3 zoning district only after review and approval by the commission 4 appointed to formulate and subsequently administer the zoning 5 ordinance, an official charged with administering the ordinance, 6 or the legislative body. The ordinance shall specify the 7 following: 06469'02 TMV 2 1 (a) The special land uses and activities eligible for 2 approval consideration and the body or official charged with 3 reviewing special land uses and granting approval. 4 (b) The requirements and standards upon which decisions on 5 requests for special land use approval shall be based. 6 (c) The procedures and supporting materials required for 7 application, review, and approval. 8 (2) Upon receipt of an application for a special land use 9whichTHAT requires a decision on discretionary grounds, 1 10 notice that a request for special land use approval has been 11 received shall be published in a newspaper of general circulation 12 in the city or village and shall be sent by mail or personal 13 delivery to ALL OF the FOLLOWING: 14 (A) THE owners ofproperty for which approval is being con-15sidered, to all personsTHE PROPERTY THAT IS THE SUBJECT OF THE 16 SPECIAL LAND USE REQUEST. 17 (B) EACH PERSON to whom IS ASSESSED real propertyis18assessedwithin 300 feet of the boundary of the propertyin19question, and to theTHAT IS THE SUBJECT OF THE REQUEST. 20 (C) THE occupants of all structures within 300 feet,21except that theOF THE PROPERTY THAT IS THE SUBJECT OF THE 22 REQUEST. 23 (D) IF THE REQUEST CONCERNS A SIGN OR SIGN STRUCTURE, TO THE 24 LEGISLATIVE BODY OF ANY OTHER CITY OR VILLAGE, OR OF A TOWNSHIP, 25 WITH A BOUNDARY WITHIN 1,500 FEET OF THE BOUNDARY OF THE PROPERTY 26 THAT IS THE SUBJECT OF THE REQUEST. 06469'02 3 1 (3) THE notice PROVIDED FOR IN SUBSECTION (2) shall be given 2 not less than 5 and not more than 15 days before the application 3 will be considered. If the name of the occupant is not known, 4 the term "occupant" may be used in making notification. 5 Notification need not be given to more than 1 occupant of a 6 structure, except that if a structure contains more than 1 dwell- 7 ing unit or spatial area owned or leased by different individu- 8 als, partnerships, businesses or organizations, 1 occupant of 9 each unit or spatial area shall receive notice. In the case of a 10 single structure containing more than 4 dwelling units or other 11 distinct spatial areas owned or leased by different individuals, 12 partnerships, businesses, or organizations, notice may be given 13 to the manager or owner of the structure who shall be requested 14 to post the notice at the primary entrance to the structure. The 15 notice shall DO ALL OF THE FOLLOWING: 16 (a) Describe the nature of the special land use request. 17 (b) Indicate the propertywhichTHAT is the subject of the 18 special land use request. 19 (c) State when and where the special land use request will 20 be considered. 21 (d) Indicate when and where written comments will be 22 received concerning the request. 23 (e) Indicate that a public hearing on the special land use 24 request may be requested bya property ownerAN OWNER OF 25 PROPERTY or the occupant of a structure located within 300 feet 26 of the boundary of the propertybeing considered for a special27useTHAT IS THE SUBJECT OF THE REQUEST OR BY THE LEGISLATIVE 06469'02 4 1 BODY OF ANY OTHER CITY OR VILLAGE, OR OF A TOWNSHIP, WITH A 2 BOUNDARY WITHIN 1,500 FEET OF THE BOUNDARY OF THAT PROPERTY. 3 (4)(3)At the initiative of the body or official respon- 4 sible for approving special land uses, or upon the request of the 5 applicant for special land use authorization, or aproperty6owner or the occupant of a structure located within 300 feet of7the boundary of the property being considered for a special land8usePERSON DESCRIBED IN SUBSECTION (3)(E), a public hearing 9with notification as required for a notice of a request for spe-10cial land use approval as provided in subsection (2)shall be 11 held before a decision on the special land use request which is 12 based on discretionary grounds. NOTICE OF THE PUBLIC HEARING 13 SHALL BE GIVEN IN THE SAME MANNER AS REQUIRED FOR NOTICE OF A 14 REQUEST FOR SPECIAL LAND USE APPROVAL UNDER SUBSECTION (3). If 15 the applicant or the body or official responsible for approving 16 special land uses requests a public hearing, only notification of 17 the public hearing need be made. 18 (5) A decision on a special land use requestwhichTHAT is 19 based on discretionary grounds shall not be made unless notifica- 20 tion of the request for special land use approval, or notifica- 21 tion of a public hearing on a special land use request is given 22 as required by this section. 23 (6)(4)The body or official designated in the zoning 24 ordinance to review and approve special land uses may deny, 25 approve, or approve with conditions, requests for special land 26 use approval. The decision on a special land use shall be 27 incorporated in a statement of conclusions relative to the 06469'02 5 1 special land use under consideration. The decision shall specify 2 the basis for the decision, and any conditions imposed. 3 Sec. 5. (1) The legislative body of a city or village may 4 act as a board of appeals upon questions arising under a zoning 5 ordinance. The legislative body may establish rules to govern 6 its procedure as a board of appeals. In the alternative, the 7 legislative body may appoint a board of appeals consisting of not 8 less than 5 members, each to be appointed for a term of 3 years. 9 Appointments of the first members shall be for terms of 1, 2, and 10 3 years, respectively, so as nearly as possible to provide for 11 the subsequent appointment of an equal number of members each 12 year. After the initial appointments, each member shall hold 13 office for the full 3-year term. 14 (2) Under procedures specified in the zoning ordinance, the 15 legislative body of a city or village may appoint not more than 2 16 alternate members for the same term as regular members of the 17 board of appeals. The alternate members may be called on a 18 rotating basis as specified in the zoning ordinance tosit as19regular members of the board of appealsSERVE in the absence of 20 a regular member. An alternate member may also be called to 21 servein the place of a regular memberfor the purpose of 22 reaching a decision on a case in whichtheA regular member has 23 abstained for reasons of conflict of interest. The alternate 24 member called shall serve in the case until a final decision is 25 made. The alternate member has the same voting rights as a regu- 26 lar member of the board of appeals. 06469'02 6 1 (3) THE LEGISLATIVE BODY OF A CITY OR VILLAGE MAY AUTHORIZE 2 THE REMUNERATION OF THE MEMBERS OF THE BOARD FOR ATTENDANCE AT 3 EACH MEETING. 4 (4)(3)The board of appeals shall hear and decide appeals 5 from and review any order,requirementsREQUIREMENT, decision, 6 or determination made by an administrative official or body 7 charged with the enforcement of an ordinance adopted under this 8 act. The board of appeals shall also hear and decide matters 9 referred to the board or upon which the board is required to pass 10 under an ordinance adopted under this act. For special land use 11 and planned unit development decisions, an appeal may be taken to 12 the board of appeals only if provided for in the zoning 13 ordinance. 14 (5)(4)In a city or village having a population of less 15 than 1,000,000, the concurring vote of a majority of the members 16 of the board is necessary to reverse an order, requirement, deci- 17 sion, or determination of an administrative official or body, or 18 to decide in favor of the applicant a matter upon which the board 19 is required to pass under an ordinance, or to effect a variation 20 in an ordinance except that a concurring vote of 2/3 of the mem- 21 bers of the board is necessary to grant a variance from uses of 22 land permitted in an ordinance. In a city having a population of 23 1,000,000 or more, the concurring vote of 2/3 of the members of 24 the board is necessary to reverse an order, requirement, deci- 25 sion, or determination of an administrative official or body, or 26 to decide in favor of the applicant a matter upon which the board 06469'02 7 1 is required to pass under an ordinance, or to grant a variance in 2 an ordinance. 3 (6)(5)An appeal may be taken by a person aggrieved, or 4 by an officer, department, board, or bureau of the city or 5 village. In addition, a variance in an ordinance may be applied 6 for and granted pursuant to section 4 of the uniform condemnation 7 procedures act, 1980 PA 87, MCL 213.54, and this act. A board of 8 rules or board of building appeals of a city or village may be 9 enlarged to consist of not less than 5 members, and these may be 10 appointed as the board of appeals as provided in this section. 11 (7)(6)An appeal under this section shall be taken, 12 within a time prescribed by the board of appeals by general rule, 13 by filing, with the officer or body from whom the appeal is taken 14 and with the board of appeals, a notice of appeal specifying the 15 grounds for the appeal. The officer or body from whom the appeal 16 is taken shall immediately transmit to the board all the papers 17 constituting the record upon which the action appealed from was 18 taken. 19 (8)(7)An appeal under this section stays all proceedings 20 in furtherance of the action appealed from unless the officer or 21 body from whom the appeal is taken certifies to the board of 22 appeals, after the notice of appeal is filed, that by reason of 23 facts stated in the certificate, a stay would in the opinion of 24 the officer or body cause imminent peril to life or property. If 25 such a certification is filed, the proceedings shall only be 26 stayed by a restraining order. A restraining order may be 27 granted by the board of appeals or by the circuit court, on 06469'02 8 1 application, on notice to the officer or body from whom the 2 appeal is taken and on due cause shown. 3 (9)(8)The board of appeals shall fix a reasonable time 4 for the hearing of the appeal and give notice of the appeal to 5 the persons to whom real property within 300 feet of the premises 6 in question is assessed,andto the occupants of single and 7 2-family dwellings within 300 feet, AND, IF THE APPEAL IS FROM A 8 DECISION ON A SPECIAL LAND USE REQUEST CONCERNING A SIGN OR SIGN 9 STRUCTURE, TO THE LEGISLATIVE BODY OF ANY OTHER CITY OR VILLAGE, 10 OR TOWNSHIP, WITH A BOUNDARY WITHIN 1,500 FEET OF THE BOUNDARY OF 11 THE PROPERTY THAT IS THE SUBJECT OF THE APPEAL. The notice shall 12 be delivered personally or by mail. NOTICE TO PROPERTY OWNERS 13 AND OCCUPANTS SHALL BE addressed to the respective owners and 14tenantsOCCUPANTS at the address given in the last assessment 15 roll. Ifa tenant'sAN OCCUPANT'S name is not known, the term 16 "occupant" may be used. Upon the hearing, a party may appear in 17 person or by agent or by attorney. 18 (10)(9)The board of appeals shall decide the appeal 19 within a reasonable time. The board of appeals may reverse or 20 affirm, wholly or partly, or may modify the order, requirement, 21 decision, or determination appealed from and shall make an order, 22 requirement, decision, or determination as in the board's opinion 23 ought to be made in the premises, and to that end shall have all 24 the powers of the officer or body from whom the appeal is taken. 25 If there are practical difficulties or unnecessary hardship in 26 carrying out the strict letter of the ordinance, the board of 27 appeals may in passing upon appeals grant a variance in any of 06469'02 9 1 its rules or provisions relating to the construction, or 2 structural changes in, equipment, or alteration of buildings or 3 structures, or the use of land, buildings, or structures, so that 4 the spirit of the ordinance shall be observed, public safety 5 secured, and substantial justice done. 6 (11)(10)The board of appeals may impose conditions upon 7 an affirmative decision, as provided in section 4c(2).The leg-8islative body of a city or village may authorize the remuneration9of the members of the board for attendance at each meeting.10 (12)(11)The decision of the board of appeals is final. 11 However, a person having an interest affected by the zoning ordi- 12 nance may appeal to the circuit court. Upon appeal, the circuit 13 court shall review the record and decision of the board of 14 appeals to ensure that the decision meets all of the following 15 requirements: 16 (a) Complies with the constitution and laws of this state. 17 (b) Is based upon proper procedure. 18 (c) Is supported by competent, material, and substantial 19 evidence on the record. 20 (d) Represents the reasonable exercise of discretion granted 21 by law to the board of appeals. 22 (13)(12)If the court finds the record of the board of 23 appeals inadequate to make the review required by this section, 24 or that additional material evidence exists that with good reason 25 was not presented to the board of appeals, the court shall order 26 further proceedings before the board of appeals on conditions 27 that the court considers proper. The board of appeals may modify 06469'02 10 1 its findings and decision as a result of the new proceedings, or 2 may affirm the original decision. The supplementary record and 3 decision shall be filed with the court. 4 (14)(13)As a result of the review required by this sec- 5 tion, the court may affirm, reverse, or modify the decision of 6 the board of appeals. 7 SEC. 9A. IF A CITY OR VILLAGE IS A PARTY IN A JUDICIAL 8 ACTION ARISING FROM A DECISION ON A SPECIAL LAND USE REQUEST CON- 9 CERNING A SIGN OR SIGN STRUCTURE, ANY OTHER CITY OR VILLAGE, OR 10 TOWNSHIP, WITH A BOUNDARY WITHIN 1,500 FEET OF THE BOUNDARY OF 11 THE PROPERTY THAT IS THE SUBJECT OF THE ACTION MAY INTERVENE IN 12 THE ACTION WITH THE APPROVAL OF THE LEGISLATIVE BODY OF THE CITY 13 OR VILLAGE THAT IS A PARTY TO THE ACTION OR UNDER ANY OTHER CIR- 14 CUMSTANCES PROVIDED BY LAW OR THE MICHIGAN COURT RULES. 15 Sec. 11. Any person required to be given notice under sec- 16 tion5(8),5(9) shall be a proper and necessary party to any 17 action for review instituted under section 10 and shall be given 18 notice personally or by registered or certified mail of proceed- 19 ings under section 10 in the same manner as provided in section 205(8)5(9). If any person receiving notice under this section 21 fails within 20 days of receiving that notice to enter an appear- 22 ance in the court in which the proceedings were instituted, fur- 23 ther notice to that person of subsequent proceedings is not 24 required and the court may proceed to determine the issues. 25 Sec. 20. (1) As used in this act: 26 (a) "Agricultural land" means substantially undeveloped land 27 devoted to the production of plants and animals useful to humans, 06469'02 11 1 including forage and sod crops; grains, feed crops, and field 2 crops; dairy products; poultry and poultry products; livestock, 3 including breeding and grazing of cattle, swine, and similar ani- 4 mals; berries; herbs; flowers; seeds; grasses; nursery stock; 5 fruits; vegetables; Christmas trees; and other similar uses and 6 activities. 7 (b) "Airport" means an airport licensed by the Michigan 8 department of transportation, bureau of aeronautics under section 9 86 of the aeronautics code of the state of Michigan, 1945 PA 327, 10 MCL 259.86. 11 (c) "Airport approach plan" means a plan, or an amendment to 12 a plan, adopted under section 12 of the airport zoning act, 1950 13 (Ex Sess) PA 23, MCL 259.442, and filed with the commission 14 appointed to recommend zoning regulations for the city or village 15 under section 151 of the aeronautics code of the state of 16 Michigan, 1945 PA 327, MCL 259.151. 17 (d) "Airport layout plan" means a plan, or an amendment to a 18 plan, that shows current or proposed layout of an airport, that 19 is approved by the Michigan aeronautics commission, and that is 20 filed with the commission appointed to recommend zoning regula- 21 tions for the city or village under section 151 of the aeronau- 22 tics code of the state of Michigan, 1945 PA 327, MCL 259.151. 23 (e) "Airport manager" means that term as defined in section 24 10 of the aeronautics code of the state of Michigan, 1945 PA 327, 25 MCL 259.10. 26 (f) "Airport zoning regulations" means airport zoning 27 regulations under the airport zoning act, 1950 (Ex Sess) PA 23, 06469'02 12 1 MCL 259.431 to 259.465, for an airport hazard area that lies in 2 whole or part in the area affected by a zoning ordinance under 3 this act. 4 (g) "Conservation easement" means that term as defined in 5 section 2140 of the natural resources and environmental protec- 6 tion act, 1994 PA 451, MCL 324.2140. 7 (h) "Development rights" means the rights to develop land to 8 the maximum intensity of development authorized by law. 9 (i) "Development rights ordinance" means an ordinance, which 10 may comprise part of a zoning ordinance, adopted under 11 section 13. 12 (j) "Greenway" means a contiguous or linear open space, 13 including habitats, wildlife corridors, and trails, that link 14 parks, nature reserves, cultural features, or historic sites with 15 each other, for recreation and conservation purposes. 16 (k) "Intensity of development" means the height, bulk, area, 17 density, setback, use, and other similar characteristics of 18 development. 19 (l) "Other eligible land" means land that has a common prop- 20 erty line with agricultural land from which development rights 21 have been purchased and that is not divided from that agricul- 22 tural land by a state or federal limited access highway. 23 (m) "PDR program" means a program under section 14 for the 24 purchase of development rights by a city or village. 25 (N) "SIGN" AND "SIGN STRUCTURE" MEAN THOSE TERMS AS DEFINED 26 IN SECTION 2 OF THE HIGHWAY ADVERTISING ACT OF 1972, 1972 PA 106, 27 MCL 252.302. 06469'02 13 1 (O)(n)"Undeveloped state" means a natural state 2 preserving natural resources, natural features, or scenic or 3 wooded conditions; agricultural use; open space; or a similar use 4 or condition. Land in an undeveloped state does not include a 5 golf course but may include a recreational trail, picnic area, 6 children's play area, greenway, or linear park. Land in an unde- 7 veloped state may be, but is not required to be, dedicated to the 8 use of the public. 9 (2) This act shall be known and may be cited as the "city 10 and village zoning act". 06469'02 Final page. TMV