September 8, 2010, Introduced by Rep. Rick Jones and referred to the Committee on Energy and Technology.
A bill to amend 2006 PA 110, entitled
"Michigan zoning enabling act,"
by amending section 102 (MCL 125.3102), as amended by 2008 PA 12,
and by adding section 511.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 102. As used in this act:
(a) "Agricultural land" means substantially undeveloped land
devoted to the production of plants and animals useful to humans,
including, but not limited to, forage and sod crops, grains, feed
crops, field crops, dairy products, poultry and poultry products,
livestock, herbs, flowers, seeds, grasses, nursery stock, fruits,
vegetables, Christmas trees, and other similar uses and activities.
(b) "Airport" means an airport licensed by the Michigan
department of transportation, bureau of aeronautics under section
86 of the aeronautics code of the state of Michigan, 1945 PA 327,
MCL 259.86.
(c)
"Airport approach plan" and or "airport layout
plan" mean
a
means an airport approach
plan or airport layout plan,
respectively,
or an amendment to a the plan,
filed with the zoning
commission under section 151 of the aeronautics code of the state
of Michigan, 1945 PA 327, MCL 259.151.
(d) "Airport manager" means that term as defined in section 2
of the aeronautics code of the state of Michigan, 1945 PA 327, MCL
259.2.
(e) "Airport zoning regulations" means airport zoning
regulations under the airport zoning act, 1950 (Ex Sess) PA 23, MCL
259.431 to 259.465, for an airport hazard area that lies in whole
or part in the area affected by a zoning ordinance under this act.
(f) "Conservation easement" means that term as defined in
section 2140 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.2140.
(g) "Coordinating zoning committee" means a coordinating
zoning committee as described under section 307.
(h) "Development rights" means the rights to develop land to
the maximum intensity of development authorized by law.
(i) "Development rights ordinance" means an ordinance, which
may comprise part of a zoning ordinance, adopted under section 507.
(j) "Family child care home" and "group child care home" mean
those terms as defined in section 1 of 1973 PA 116, MCL 722.111,
and only apply to the bona fide private residence of the operator
of the family or group child care home.
(k) "Greenway" means a contiguous or linear open space,
including habitats, wildlife corridors, and trails, that links
parks, nature reserves, cultural features, or historic sites with
each other, for recreation and conservation purposes.
(l) "Improvements" means those features and actions associated
with a project that are considered necessary by the body or
official granting zoning approval to protect natural resources or
the health, safety, and welfare of the residents of a local unit of
government and future users or inhabitants of the proposed project
or project area, including roadways, lighting, utilities,
sidewalks, screening, and drainage. Improvements do not include the
entire project that is the subject of zoning approval.
(m) "Intensity of development" means the height, bulk, area,
density, setback, use, and other similar characteristics of
development.
(n) "Legislative body" means the county board of commissioners
of a county, the board of trustees of a township, or the council or
other similar elected governing body of a city or village.
(o) "Local unit of government" means a county, township, city,
or village.
(p) "Other eligible land" means land that has a common
property line with agricultural land from which development rights
have been purchased and is not divided from that agricultural land
by a state or federal limited access highway.
(q) "Person" means an individual, partnership, corporation,
association, governmental entity, or other legal entity.
(r) "Population" means the population according to the most
recent federal decennial census or according to a special census
conducted under section 7 of the Glenn Steil state revenue sharing
act of 1971, 1971 PA 140, MCL 141.907, whichever is the more
recent.
(s) "Site plan" includes the documents and drawings required
by the zoning ordinance to ensure that a proposed land use or
activity is in compliance with local ordinances and state and
federal statutes.
(t) "State licensed residential facility" means a structure
constructed for residential purposes that is licensed by the state
under the adult foster care facility licensing act, 1979 PA 218,
MCL 400.701 to 400.737, or 1973 PA 116, MCL 722.111 to 722.128, and
provides residential services for 6 or fewer individuals under 24-
hour supervision or care.
(u) "Undeveloped state" means a natural state preserving
natural resources, natural features, scenic or wooded conditions,
agricultural use, open space, or a similar use or condition. Land
in an undeveloped state does not include a golf course but may
include a recreational trail, picnic area, children's play area,
greenway, or linear park. Land in an undeveloped state may be, but
is not required to be, dedicated to the use of the public.
(v) "Zoning commission" means a zoning commission as described
under section 301.
(w) "Zoning jurisdiction" means the area encompassed by the
legal boundaries of a city or village or the area encompassed by
the legal boundaries of a county or township outside the limits of
incorporated cities and villages. The zoning jurisdiction of a
county does not include the areas subject to a township zoning
ordinance. For the purpose of zoning with respect to wind turbine
towers, all of the following apply:
(i) The zoning jurisdiction of a city, village, or charter
township extends outward 1.5 miles from the boundary of that local
unit of government into unincorporated areas.
(ii) The zoning jurisdiction of a general law township or
county does not include areas within 1.5 miles of a city, village,
or charter township.
Sec. 511. (1) A zoning ordinance shall not require a wind
turbine tower located on the property of the end user of the
electricity generated by that wind turbine to be set back from the
end user's property line more than 1.1 times the height of the wind
turbine tower.
(2) A tower designed solely to collect wind generation data in
an area subject to a zoning ordinance shall be dismantled not more
than 3 years after installation commences.