Education; building use; requirement for all public schools to

adhere to local zoning ordinances; provide for.

EDUCATION: Building use; EDUCATION: Public school academies;

EDUCATION: School districts; CITIES: Ordinances; COUNTIES:

Ordinances; TOWNSHIPS: Ordinances; VILLAGES: Ordinances; LAND

USE: Zoning and growth management

A bill to amend 1976 PA 451, entitled

"The revised school code,"

by amending section 1263 (MCL 380.1263), as amended by 1990

PA 159.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 1263. (1) The board of a school district shall not

2 build a school upon a site without having prior title in fee to

3 the site, a lease for not less than 99 years, or a lease for not

4 less than 50 years from the United States government, or this

5 state, or a political subdivision of this state.

6 (2) The board of a school district shall not build a frame

7 school on a site for which it does not have a title in fee or a

8 lease for 50 years without securing the privilege of removing the

9 school.

05776'01 * TAV

2

1 (3) The board of a school district OR BOARD OF DIRECTORS OF

2 A PUBLIC SCHOOL ACADEMY shall not design or build a school

3 building to be used for instructional or noninstructional school

4 purposes or design and implement the design for a school site

5 unless the design or construction is in compliance with Act

6 No. 306 of the Public Acts of 1937, being sections 388.851 to

7 388.855a of the Michigan Compiled Laws 1937 PA 306, MCL 388.851

8 TO 388.855A. The superintendent of public instruction has sole

9 and exclusive jurisdiction over the review and approval of plans

10 and specifications for the construction, reconstruction, or

11 remodeling of school buildings used for instructional or nonin-

12 structional school purposes and of site plans for those school

13 buildings. BEGINNING WITH PUBLIC SCHOOLS BUILT OR OCCUPIED AFTER

14 THE EFFECTIVE DATE OF THE 2002 AMENDATORY ACT THAT AMENDED THIS

15 SUBSECTION, ALL OF THE FOLLOWING APPLY TO THE CONSTRUCTION OR

16 LOCATION OF A PUBLIC SCHOOL:

17 (A) ALL LOCAL ZONING LAWS GENERALLY APPLICABLE IN THE JURIS-

18 DICTION WHERE THE PUBLIC SCHOOL WILL BE LOCATED APPLY TO THE

19 LOCATION AND SITING OF THE PUBLIC SCHOOL, AND THE BOARD OF THE

20 SCHOOL DISTRICT, LOCAL ACT SCHOOL DISTRICT, OR INTERMEDIATE

21 SCHOOL DISTRICT, OR BOARD OF DIRECTORS OF THE PUBLIC SCHOOL ACAD-

22 EMY, THAT WILL OPERATE THE SCHOOL SHALL ENSURE THAT THE LOCATION

23 AND SITING OF THE PUBLIC SCHOOL COMPLY WITH THOSE LOCAL ZONING

24 LAWS.

25 (B) AT LEAST 30 DAYS BEFORE COMMENCING CONSTRUCTION OF THE

26 PUBLIC SCHOOL, OR BEFORE OCCUPYING AN EXISTING BUILDING FOR

27 PUBLIC SCHOOL PURPOSES, THE BOARD OF THE SCHOOL DISTRICT, LOCAL

05776'01 *

3

1 ACT SCHOOL DISTRICT, OR INTERMEDIATE SCHOOL DISTRICT, OR BOARD OF

2 DIRECTORS OF THE PUBLIC SCHOOL ACADEMY, THAT WILL OPERATE THE

3 SCHOOL SHALL NOTIFY ALL RESIDENTS RESIDING WITHIN 1,500 FEET OF

4 THE SITE OF THE INTENT TO CONSTRUCT OR OCCUPY THE BUILDING FOR

5 PUBLIC SCHOOL PURPOSES. THE NOTIFICATION SHALL INCLUDE A COPY OF

6 THE SITE PLAN.

05776'01 * Final page. TAV