HOUSE BILL No. 6184


     June 13, 2002, Introduced by Reps. Pappageorge, Gosselin and George and referred to the Committee on Local Government and
Urban Policy.


        A bill to amend 1943 PA 184, entitled

   "Township zoning act,"

   by amending sections 16b, 16c, 23, and 40 (MCL 125.286b,

   125.286c, 125.293, and 125.310), section 40 as amended by 2001

   PA 177, and by adding section 24b.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
             Sec. 16b.  (1) A township may provide in a zoning ordinance

 2
        for special land uses which shall be permitted in a zoning dis-

 3
        trict only after review and approval by either the zoning board,

 4
        an official charged with administering the ordinance, or the

 5
        township board, as specified in the ordinance.  The ordinance

 6
        shall specify ALL OF THE FOLLOWING:

 7
             (a) The special land uses and activities eligible for

 8
        approval consideration and the body or official charged with

 9
        reviewing special land uses and granting approval.


   06919'02                                                 TMV                                   2

 1
             (b) The requirements and standards upon which decisions on

 2
        requests for special land use approval shall be based.

 3
             (c) The procedures and supporting materials required for

 4
        application, review, and approval.

 5
             (2) Upon receipt of an application for a special land use

 6
         which  THAT requires a decision on discretionary grounds, 1

 7
        notice that a request for special land use approval has been

 8
        received shall be published in a newspaper  which  THAT circu-

 9
        lates in the township, and sent by mail or personal delivery to

10
         the  ALL OF THE FOLLOWING:

11
             (A) THE owners of property for which approval is being

12
        considered.  , to all persons

13
             (B) EACH PERSON to whom IS ASSESSED real property  is

14
        assessed  within 300 feet of the boundary of the property  in

15
        question, and to the  THAT IS THE SUBJECT OF THE REQUEST.

16
             (C) THE occupants of all structures within 300 feet OF THE

17
        BOUNDARY OF THE PROPERTY THAT IS THE SUBJECT OF THE REQUEST.

18
             (D) IF THE REQUEST CONCERNS A SIGN OR SIGN STRUCTURE, TO

19
        BOTH OF THE FOLLOWING:

20
             (i) THE LEGISLATIVE BODY OF ANY OTHER TOWNSHIP, OR OF A CITY

21
        OR VILLAGE, WITH A BOUNDARY WITHIN 1,500 FEET OF THE BOUNDARY OF

22
        THE PROPERTY THAT IS THE SUBJECT OF THE REQUEST.

23
             (ii) THE COUNTY BOARD OF COMMISSIONERS OF EACH COUNTY WHERE

24
        A TOWNSHIP, CITY, OR VILLAGE DESCRIBED IN SUBPARAGRAPH (i) IS

25
        LOCATED.

26
             (3) The notice PROVIDED FOR IN SUBSECTION (2) shall be given

27
        not less than 5 nor more than 15 days before the date the



   06919'02                                   3

 1
        application will be considered.  If the name of the occupant is

 2
        not known, the term "occupant" may be used in making

 3
        notification.  Notification need not be given to more than 1

 4
        occupant of a structure, except that if a structure contains more

 5
        than 1 dwelling unit or spatial area owned or leased by different

 6
        individuals, partnerships, businesses, or organizations, 1 occu-

 7
        pant of each unit or spatial area shall receive notice.  In the

 8
        case of a single structure containing more than 4 dwelling units

 9
        or other distinct spatial areas owned or leased by different

10
        individuals, partnerships, businesses, or organizations, notice

11
        may be given to the manager or owner of the structure, who shall

12
        be requested to post the notice at the primary entrance to the

13
        structure.  The notice shall DO ALL OF THE FOLLOWING:

14
             (a) Describe the nature of the special land use request.

15
             (b) Indicate the property  which  THAT is the subject of the

16
        special land use request.

17
             (c) State when and where the special land use request will

18
        be considered.

19
             (d) Indicate when and where written comments will be

20
        received concerning the request.

21
             (e) Indicate that a public hearing on the special land use

22
        request may be requested by  any property owner  EITHER OF THE

23
        FOLLOWING, AS APPLICABLE:

24
             (i) AN OWNER OF PROPERTY or the occupant of  any  A struc-

25
        ture located within 300 feet of the boundary of the property

26
         being considered for a special use  THAT IS THE SUBJECT OF THE

27
        REQUEST.



   06919'02                                   4

 1
             (ii) IF THE REQUEST CONCERNS A SIGN OR SIGN STRUCTURE, AN

 2
        ENTITY LISTED IN SUBSECTION (2)(D).

 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 a  property owner

 6
        or the occupant of a structure located within 300 feet of the

 7
        boundary of the property being considered for a special land use

 8
        PERSON DESCRIBED IN SUBSECTION (3)(E), a public hearing  with

 9
        notification as required for a notice of a request for special

10
        land use approval, as provided in subsection (2),  shall be held

11
        before a decision is made on the special land use request which

12
        is 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 SUBSECTIONS (2) AND

15
        (3). If the applicant or the body or official responsible for

16
        approving special land uses requests a public hearing, only noti-

17
        fication of the public hearing need be made.

18
             (5) A decision on a special land use  which  THAT is based

19
        on discretionary grounds, shall not be made unless notification

20
        of the request for special land use approval, or notification of

21
        a public hearing on a special land use request has been made as

22
        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, a request for special land

26
        use approval.  The decision on a special land use shall be

27
        incorporated in a statement containing the conclusions relative



   06919'02                                   5

 1
        to the special land use under consideration.  which specifies

 2
        THE STATEMENT SHALL SPECIFY the basis for the decision  ,  and

 3
        any conditions imposed.

 4
             Sec. 16c.   (1) As used in this section, "planned unit

 5
        development" includes such terms as cluster zoning, planned

 6
        development, community unit plan, planned residential develop-

 7
        ment, and other terminology denoting zoning requirements designed

 8
        to accomplish the objectives of the zoning ordinance through a

 9
        land development project review process based on the application

10
        of site planning criteria to achieve integration of the proposed

11
        land development project with the characteristics of the project

12
        area.

13
             (1)  (2)  A township ZONING ORDINANCE may INCLUDE planned

14
        unit development requirements  in a zoning ordinance which  THAT

15
        permit flexibility in the regulation of land development; encour-

16
        age innovation in land use and variety in design, layout, and

17
        type of structures constructed; achieve economy and efficiency in

18
        the use of land, natural resources, energy, and the provision of

19
        public services and utilities; encourage useful open space; and

20
        provide better housing, employment, and shopping opportunities

21
        particularly suited to the needs of the residents of this state.

22
        The review and approval of planned unit developments shall be by

23
        either the zoning board, an official charged with administration

24
        of the ordinance, or the township board, as specified in the

25
        ZONING ordinance.

26
             (2)  (3)  Within a land development project designated as a

27
        planned unit development, regulations relating to the use of



   06919'02                                   6

 1
        land, including, BUT NOT LIMITED TO, permitted uses, lot sizes,

 2
        setbacks, height limits, required facilities, buffers, open space

 3
        areas, and land use density, shall be determined  in accordance

 4
        with  UNDER the planned unit development regulations specified in

 5
        the zoning ordinance.  The planned unit development regulations

 6
        need not be uniform with regard to each type of land use if equi-

 7
        table procedures recognizing due process principles and avoiding

 8
        arbitrary decisions  have been  ARE followed in making regulatory

 9
        decisions.

10
             (3)  (4)  The planned unit development regulations

11
         established  ADOPTED by a township shall specify ALL OF THE

12
        FOLLOWING:

13
             (a) The body or official  which will  WHO SHALL review and

14
        approve planned unit development requests.

15
             (b) The conditions  which  THAT create planned unit develop-

16
        ment eligibility, the participants in the review process, and the

17
        requirements and standards upon which applications  will  SHALL

18
        be judged and approval granted.

19
             (c) The procedures required for application, review, and

20
        approval.

21
             (4)  (5)  Following receipt of a request to approve a

22
        planned unit development, the body or official charged in the

23
        ordinance with review and approval of planned unit developments

24
        shall hold at least 1 public hearing on the request.  An ordi-

25
        nance may provide for preapplication conferences before submis-

26
        sion of a planned unit development request, and FOR the

27
        submission of preliminary site plans before the public hearing.



   06919'02                                   7

 1
        Notification of the public hearing shall be given in the same

 2
        manner as required by section  16b(3) for public hearings on

 3
        16B(2) AND (3) FOR REQUESTS FOR special land uses.  Within a rea-

 4
        sonable time following the public hearing, the body or official

 5
        responsible for approving planned unit developments shall meet

 6
        for final consideration of the request, and deny, approve, or

 7
        approve with conditions, the request.  The body or official shall

 8
        prepare a report stating its conclusions on the request for a

 9
        planned unit development, the basis for its decision, the deci-

10
        sion, and any conditions relating to an affirmative decision.

11
        THE DECISION OF THAT BODY OR OFFICIAL IS FINAL UNLESS THE ZONING

12
        ORDINANCE REQUIRES THAT THE TOWNSHIP BOARD AMEND THE ZONING ORDI-

13
        NANCE TO APPROVE OR APPROVE WITH CONDITIONS THE PLANNED UNIT

14
        DEVELOPMENT REQUEST. If the ordinance requires that the township

15
        board  amends  AMEND the ordinance to  act on  APPROVE OR APPROVE

16
        WITH CONDITIONS the planned unit development request,  the  BOTH

17
        OF THE FOLLOWING APPLY:

18
             (A) THE zoning board shall hold the hearing as required by

19
        section 9, and the report and the documents related to the

20
        planned unit development request shall be transmitted to the

21
        township board for consideration in making a final decision.   If

22
        amendment of a zoning ordinance is required by the planned unit

23
        development regulations of a township zoning ordinance, the

24
             (B) THE requirements of this act for amendment of a zoning

25
        ordinance shall be followed, except that the hearing and notice

26
        required by this subsection  shall be regarded as fulfilling

27
        FULFILL the public hearing and notice requirement of section 9.



   06919'02                                   8

 1
              (6) If the planned unit development regulations of a

 2
        township zoning ordinance do not require amendment of the ordi-

 3
        nance to authorize a planned unit development, the body or offi-

 4
        cial charged in the zoning ordinance with review and approval of

 5
        planned unit developments may approve, approve with conditions,

 6
        or deny a request.

 7
             (5)  (7)  Final approvals may be granted on each phase of a

 8
        multiphased planned unit development if each phase contains the

 9
        necessary components to  insure  ENSURE protection of natural

10
        resources and the health, safety, and welfare of the users of the

11
        planned unit development and the residents of the surrounding

12
        area.

13
             (6)  (8)  In establishing planned unit development require-

14
        ments, a township may  , when available and applicable,  incor-

15
        porate by reference other APPLICABLE ordinances or statutes

16
         which  THAT regulate land development.  The planned unit devel-

17
        opment regulations contained in zoning ordinances shall encourage

18
        complementary relationships between zoning regulations and other

19
        regulations affecting the development of land.

20
             Sec. 23.  (1) The township board of appeals shall fix a rea-

21
        sonable time for the hearing of  the appeal, give due notice

22
        thereof to the parties,  AN APPEAL UNDER SECTION 20 and decide

23
        the appeal within a reasonable time.  THE BOARD OF APPEALS SHALL

24
        GIVE NOTICE OF THE APPEAL TO BOTH OF THE FOLLOWING, AS

25
        APPLICABLE:

26
             (A) THE PARTIES.





   06919'02                                   9

 1
             (B) IF THE APPEAL IS FROM A DECISION ON A SPECIAL LAND USE

 2
        REQUEST CONCERNING A SIGN OR SIGN STRUCTURE, BOTH OF THE

 3
        FOLLOWING:

 4
             (i) THE LEGISLATIVE BODY OF ANY OTHER TOWNSHIP, OR OF A CITY

 5
        OR VILLAGE, WITH A BOUNDARY WITHIN 1,500 FEET OF THE BOUNDARY OF

 6
        THE PROPERTY THAT IS THE SUBJECT OF THE APPEAL.

 7
             (ii) THE COUNTY BOARD OF COMMISSIONERS OF EACH COUNTY WHERE

 8
        A TOWNSHIP, CITY, OR VILLAGE DESCRIBED IN SUBPARAGRAPH (i) IS

 9
        LOCATED.

10
             (2) At the hearing, a party may appear in person or by agent

11
        or by attorney.

12
             (3) The board of appeals may reverse or affirm, wholly or

13
        partly, or may modify the order, requirement, decision, or deter-

14
        mination  as in its opinion ought to be made in the premises, and

15
        to that end shall have  APPEALED FROM.  FOR THAT PURPOSE, THE

16
        BOARD HAS all the powers of the officer or body from whom the

17
        appeal was taken and may issue or direct the issuance of a

18
        permit.   Where

19
             (4) IF there are practical difficulties or unnecessary hard-

20
        ship in the way of carrying out the strict letter of the zoning

21
        ordinance, the board of appeals in passing upon appeals may vary

22
        or modify any of its rules or provisions so that the spirit of

23
        the ordinance is observed, public safety secured, and substantial

24
        justice done.  The board of appeals may impose conditions with an

25
        affirmative decision pursuant to section 16d(2).

26
             SEC. 24B.  IF A TOWNSHIP IS A PARTY IN A JUDICIAL ACTION

27
        ARISING FROM ITS DECISION ON A SPECIAL LAND USE REQUEST



   06919'02                                  10

 1
        CONCERNING A SIGN OR SIGN STRUCTURE, ANY OF THE FOLLOWING MAY

 2
        INTERVENE IN THE ACTION WITH THE APPROVAL OF THE TOWNSHIP BOARD

 3
        OF THAT TOWNSHIP OR UNDER ANY OTHER CIRCUMSTANCES PROVIDED BY LAW

 4
        OR THE MICHIGAN COURT RULES:

 5
             (A) ANY OTHER TOWNSHIP, OR CITY OR VILLAGE, WITH A BOUNDARY

 6
        WITHIN 1,500 FEET OF THE BOUNDARY OF THE PROPERTY THAT IS THE

 7
        SUBJECT OF THE ACTION.

 8
             (B) THE COUNTY BOARD OF COMMISSIONERS OF EACH COUNTY WHERE A

 9
        TOWNSHIP, CITY, OR VILLAGE DESCRIBED IN SUBDIVISION (A) IS

10
        LOCATED.

11
             Sec. 40.  (1) As used in this act:

12
             (a) "Agricultural land" means substantially undeveloped land

13
        devoted to the production of plants and animals useful to humans,

14
        including forage and sod crops; grains, feed crops, and field

15
        crops; dairy products; poultry and poultry products; livestock,

16
        including breeding and grazing of cattle, swine, and similar ani-

17
        mals; berries; herbs; flowers; seeds; grasses; nursery stock;

18
        fruits; vegetables; Christmas trees; and other similar uses and

19
        activities.

20
             (b) "Airport" means an airport licensed by the Michigan

21
        department of transportation, bureau of aeronautics under section

22
        86 of the aeronautics code of the state of Michigan, 1945 PA 327,

23
        MCL 259.86.

24
             (c) "Airport approach plan" means a plan, or an amendment to

25
        a plan, adopted under section 12 of the airport zoning act, 1950

26
        (Ex Sess) PA 23, MCL 259.442, and filed with the township zoning





   06919'02                                  11

 1
        board under section 151 of the aeronautics code of the state of

 2
        Michigan, 1945 PA 327, MCL 259.151.

 3
             (d) "Airport layout plan" means a plan, or an amendment to a

 4
        plan, that shows current or proposed layout of an airport, that

 5
        is approved by the Michigan aeronautics commission, and that is

 6
        filed with the township zoning board under section 151 of the

 7
        aeronautics code of the state of Michigan, 1945 PA 327,

 8
        MCL 259.151.

 9
             (e) "Airport manager" means that term as defined in section

10
         10  2 of the aeronautics code of the state of Michigan, 1945

11
        PA 327, MCL  259.10  259.2.

12
             (f) "Airport zoning regulations" means airport zoning regu-

13
        lations under the airport zoning act, 1950 (Ex Sess) PA 23,

14
        MCL 259.431 to 259.465, for an airport hazard area that lies in

15
        whole or part in the area affected by a zoning ordinance under

16
        this act.

17
             (g) "Conservation easement" means that term as defined in

18
        section 2140 of the natural resources and environmental protec-

19
        tion act, 1994 PA 451, MCL 324.2140.

20
             (h) "Development rights" means the rights to develop land to

21
        the maximum intensity of development authorized by law.

22
             (i) "Development rights ordinance" means an ordinance, which

23
        may comprise part of a zoning ordinance, adopted under

24
        section 31.

25
             (j) "Greenway" means a contiguous or linear open space,

26
        including habitats, wildlife corridors, and trails, that link





   06919'02                                  12

 1
        parks, nature reserves, cultural features, or historic sites with

 2
        each other, for recreation and conservation purposes.

 3
             (k) "Intensity of development" means the height, bulk, area,

 4
        density, setback, use, and other similar characteristics of

 5
        development.

 6
             (l) "Other eligible land" means land that has a common prop-

 7
        erty line with agricultural land from which development rights

 8
        have been purchased and that is not divided from that agricul-

 9
        tural land by a state or federal limited access highway.

10
             (m) "PDR program" means a program under section 32 for the

11
        purchase of development rights by a township.

12
             (N) "PLANNED UNIT DEVELOPMENT" INCLUDES CLUSTER ZONING,

13
        PLANNED DEVELOPMENT, COMMUNITY UNIT PLAN, PLANNED RESIDENTIAL

14
        DEVELOPMENT, AND OTHER TERMINOLOGY DENOTING ZONING REQUIREMENTS

15
        DESIGNED TO ACCOMPLISH THE OBJECTIVES OF THE ZONING ORDINANCE

16
        THROUGH A LAND DEVELOPMENT PROJECT REVIEW PROCESS BASED ON THE

17
        APPLICATION OF SITE PLANNING CRITERIA TO ACHIEVE INTEGRATION OF A

18
        PROPOSED LAND DEVELOPMENT PROJECT WITH THE CHARACTERISTICS OF THE

19
        PROJECT AREA.

20
             (O)  (n)  "Population of" a specified number means the popu-

21
        lation according to the most recent federal decennial census or

22
        according to a special census conducted pursuant to section 7 of

23
        the Glenn Steil state revenue sharing act of 1971, 1971 PA 140,

24
        MCL 141.907, whichever is the more recent.

25
             (P) "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.



   06919'02                                  13

 1
             (Q)  (o)  "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

10
        "township zoning act".




































   06919'02          Final page.                            TMV