May 12, 2010, Introduced by Senators BARCIA, OLSHOVE, BASHAM, JACOBS, CHERRY, ANDERSON, ALLEN and HUNTER and referred to the Committee on Senior Citizens and Veterans Affairs.
A bill to amend 2006 PA 110, entitled
"Michigan zoning enabling act,"
by amending sections 102 and 203 (MCL 125.3102 and 125.3203),
section 102 as amended by 2008 PA 12.
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 "airport layout plan" mean a
plan, or an amendment to a 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) "Senior citizen" means an individual who is at least 65
years old.
(t) (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.
(u) (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.
(v) (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.
(w) (v)
"Zoning commission" means
a zoning commission as
described under section 301.
(x) (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.
Sec.
203. (1) The A zoning ordinance shall be based upon a
plan designed to promote the public health, safety, and general
welfare, to encourage the use of lands in accordance with their
character and adaptability, to limit the improper use of land, to
conserve natural resources and energy, to meet the needs of the
state's residents for food, fiber, and other natural resources,
places of residence, recreation, industry, trade, service, and
other
uses of land, to insure ensure
that uses of the land shall be
situated in appropriate locations and relationships, to avoid the
overcrowding of population, to provide adequate light and air, to
lessen congestion on the public roads and streets, to reduce
hazards to life and property, to facilitate adequate provision for
a system of transportation, sewage disposal, safe and adequate
water supply, education, recreation, and other public requirements,
and to conserve the expenditure of funds for public improvements
and services to conform with the most advantageous uses of land,
resources,
and properties. The A
township with a population of
20,000 or more, a city, or a village shall specifically consider
the needs of senior citizens before adopting a plan or substantive
amendment to a plan under this subsection.
(2) A zoning ordinance shall be made with reasonable
consideration
to of the character of each district, its peculiar
suitability for particular uses, the conservation of property
values and natural resources, and the general and appropriate trend
and character of land, building, and population development.
(3) (2)
If a local unit of government
adopts or revises a plan
required under subsection (1) after an airport layout plan or
airport approach plan has been filed with the local unit of
government, the local unit of government shall incorporate the
airport layout plan or airport approach plan into the plan adopted
under subsection (1).
(4) (3)
In addition to the requirements of
subsection (1) (2),
a zoning ordinance adopted after March 28, 2001 shall be adopted
after reasonable consideration of both of the following:
(a) The environs of any airport within a district.
(b) Comments received at or before a public hearing under
section
306 or transmitted under section 308 from the airport
manager of any airport.
(5) (4)
If a zoning ordinance was adopted
before March 28,
2001, the zoning ordinance is not required to be consistent with
any airport zoning regulations, airport layout plan, or airport
approach plan. A zoning ordinance amendment adopted or variance
granted after March 28, 2001 shall not increase any inconsistency
that may exist between the zoning ordinance or structures or uses
and any airport zoning regulations, airport layout plan, or airport
approach plan. This section does not limit the right to petition
for submission of a zoning ordinance amendment to the electors
under section 402 or the right to file a protest petition under
section 403.