HOUSE BILL No. 5036 October 26, 1999, Introduced by Reps. Green, DeRossett and Law 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 3, 9, 11a, and 40 (MCL 125.273, 125.279, 125.281a, and 125.310), section 40 as added by 1996 PA 570. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 3. (1) The zoning ordinance shall be based upon a plan 2 designed topromoteDO ALL OF THE FOLLOWING: 3 (A) PROMOTE the public health, safety, and general welfare. 4; to encourage5 (B) ENCOURAGE the use oflandsLAND in accordance with 6theirITS character and adaptability,andtolimit the 7 improper use of land.; to conserve8 (C) CONSERVE natural resources and energy.; to meet9 (D) MEET the needs of the state's residents for food, fiber, 10 and other natural resources, AND FOR places of residence, 04188'99 TMV 2 1 recreation, industry, trade, service, and other uses of land.;2to insure3 (E) ENSURE that uses of the landshall beARE situated in 4 appropriate locations and relationships.; to avoid5 (F) AVOID the overcrowding of population.; to provide6 (G) PROVIDE adequate light and air.; to lessen7 (H) LESSEN congestion on the public roads and streets.; to8reduce9 (I) REDUCE hazards to life and property.; to facilitate10 (J) FACILITATE adequate provision for a system of transpor- 11 tation, sewage disposal, safe and adequate water supply, educa- 12 tion, recreation, and other publicrequirements; and to13conserveNEEDS. 14 (K) CONSERVE the expenditure of funds for public improve- 15 ments and services to conformwithTO the most advantageous 16 uses of land, resources, andpropertiesPROPERTY. 17 (2) PROMPTLY AFTER AN AIRPORT LAYOUT PLAN OR AIRPORT 18 APPROACH PLAN IS FILED WITH THE TOWNSHIP ZONING BOARD, THE TOWN- 19 SHIP SHALL INCORPORATE THE AIRPORT LAYOUT PLAN OR AIRPORT 20 APPROACH PLAN INTO THE PLAN REQUIRED UNDER SUBSECTION (1). 21 (3) The zoning ordinance shall be made with reasonable con- 22 sideration OF, among other things,to theALL OF THE 23 FOLLOWING: 24 (A) THE character of each district;AND its peculiar 25 suitability for particular uses.; the04188'99 3 1 (B) FOR AN ORDINANCE ADOPTED AFTER THE EFFECTIVE DATE OF THE 2 AMENDATORY ACT THAT ADDED THIS SUBDIVISION, THE ENVIRONS OF ANY 3 AIRPORT WITHIN A DISTRICT. 4 (C) THE conservation of property values and natural 5 resources.; and the6 (D) THE general and appropriate trend and character of land, 7 building, and population development. 8 (E) COMMENTS RECEIVED AT OR BEFORE A PUBLIC HEARING UNDER 9 SECTION 9 OR 11 FROM THE AIRPORT MANAGER OF ANY AIRPORT. 10 (4) IF A ZONING ORDINANCE WAS ADOPTED BEFORE THE EFFECTIVE 11 DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION, THE ZONING 12 ORDINANCE IS NOT REQUIRED TO BE CONSISTENT WITH ANY AIRPORT 13 ZONING REGULATIONS, AIRPORT LAYOUT PLAN, OR AIRPORT APPROACH 14 PLAN. HOWEVER, ANY ZONING ORDINANCE AMENDMENT ADOPTED OR VARI- 15 ANCE GRANTED AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT 16 ADDED THIS SUBSECTION SHALL NOT INCREASE ANY INCONSISTENCY THAT 17 MAY EXIST BETWEEN THE ZONING ORDINANCE OR STRUCTURES OR USES AND 18 ANY AIRPORT ZONING REGULATIONS, AIRPORT LAYOUT PLAN, OR AIRPORT 19 APPROACH PLAN. THIS SUBSECTION DOES NOT LIMIT THE RIGHT TO PETI- 20 TION FOR SUBMISSION OF A ZONING ORDINANCE AMENDMENT TO THE ELEC- 21 TORS UNDER SECTION 12. 22 (5) IF A ZONING ORDINANCE IS ADOPTED AFTER THE EFFECTIVE 23 DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION, THE ZONING 24 ORDINANCE SHALL BE CONSISTENT WITH ANY AIRPORT ZONING REGULA- 25 TIONS, AIRPORT LAYOUT PLAN, AND AIRPORT APPROACH PLAN. THIS SUB- 26 SECTION DOES NOT LIMIT THE RIGHT TO PETITION FOR SUBMISSION OF A 27 ZONING ORDINANCE TO THE ELECTORS UNDER SECTION 12. 04188'99 4 1 Sec. 9. (1) Before submitting its recommendations of a 2 tentative zoning ordinance to the township, the township zoning 3 board shall holdnot less thanAT LEAST 1 public hearing.,4notice of whichNOTICE OF THE hearing shall be given by 2 publi- 5 cations in a newspaper of general circulation in the township.,6the first toTHE FIRST PUBLICATION SHALL be printed not more 7 than 30 daysnorAND NOT less than 20 days and the second not 8 more than 8 days before the date of the hearing. 9 (2) Not less than 20 days' notice of the time and place of 10 the hearing AND NOT LESS THAN 10 DAYS' NOTICE OF ANY ADDITIONAL 11 PUBLIC HEARING UNDER SECTION 11 shall also be given by mail to 12 each electric, gas, pipeline, and telephone public utility com- 13 pany,and toeach railroad operating within the district or 14 zone affected, AND THE AIRPORT MANAGER OF EACH AIRPORT, that reg- 15 isters its name and mailing address with the township zoning com- 16 mission for the purpose of receiving the notice. 17 (3) An affidavit of mailing shall be maintained. The 18 notices shall include the places and times at which the tentative 19 text and any maps of the zoning ordinance may be examined. 20 Sec. 11a. (1) The zoning ordinance, as well asOR subse- 21 quent amendments or supplements shall be filed with the township 22 clerk, and 1 notice of ordinance adoption shall be published in a 23 newspaper of general circulation in the township within 15 days 24 after adoption. PROMPTLY FOLLOWING ADOPTION OF A ZONING ORDI- 25 NANCE OR SUBSEQUENT AMENDMENT BY THE TOWNSHIP BOARD, A COPY OF 26 THE NOTICE OF ADOPTION SHALL ALSO BE MAILED TO THE AIRPORT 27 MANAGER OF AN AIRPORT ENTITLED TO NOTICE UNDER SECTION 9(2). 04188'99 5 1 (2) The notice of ordinance adoption UNDER SUBSECTION (1) 2 shall include the following information: 3 (a) In the case of a newly adopted zoning ordinance, the 4 following statement: "A zoning ordinance regulating the develop- 5 ment and use of land has been adopted by the township board of 6 the township of __________". 7 (b) In the case of an amendment to an existing zoning ordi- 8 nance, either a summary of the regulatory effect of the amend- 9 ment, including the geographic area affected, or the text of the 10 amendment. 11 (c) The effective date of the ordinance. 12 (d) The place WHERE and timewhereWHEN a copy of the 13 ordinance may be purchased or inspected. 14 Sec. 40. (1) As used in this act: 15 (a) "Agricultural land" means substantially undeveloped land 16 devoted to the production of plants and animals useful to humans, 17 including forage and sod crops; grains, feed crops, and field 18 crops; dairy and dairy products; poultry and poultry products; 19 livestock, including breeding and grazing of cattle, swine, and 20 similar animals; berries; herbs; flowers; seeds; grasses; nursery 21 stock; fruits; vegetables; Christmas trees; and other similar 22 uses and activities. 23 (B) "AIRPORT" MEANS AN AIRPORT LICENSED BY THE MICHIGAN 24 DEPARTMENT OF TRANSPORTATION, BUREAU OF AERONAUTICS UNDER SECTION 25 86 OF THE AERONAUTICS CODE OF THE STATE OF MICHIGAN, 1945 PA 327, 26 MCL 259.86. 04188'99 6 1 (C) "AIRPORT APPROACH PLAN" MEANS A PLAN, OR AN AMENDMENT TO 2 A PLAN, ADOPTED UNDER SECTION 12 OF THE AIRPORT ZONING ACT, 1950 3 (EX SESS) PA 23, MCL 259.442, AND FILED WITH THE TOWNSHIP ZONING 4 BOARD UNDER SECTION 151 OF THE AERONAUTICS CODE OF THE STATE OF 5 MICHIGAN, 1945 PA 327, MCL 259.151. 6 (D) "AIRPORT LAYOUT PLAN" MEANS A PLAN, OR AN AMENDMENT TO A 7 PLAN, THAT SHOWS CURRENT OR PROPOSED LAYOUT OF AN AIRPORT, THAT 8 IS APPROVED BY THE MICHIGAN AERONAUTICS COMMISSION, AND THAT IS 9 FILED WITH THE TOWNSHIP ZONING BOARD UNDER SECTION 151 OF THE 10 AERONAUTICS CODE OF THE STATE OF MICHIGAN, 1945 PA 327, MCL 11 259.151. 12 (E) "AIRPORT MANAGER" MEANS THAT TERM AS DEFINED IN SECTION 13 10 OF THE AERONAUTICS CODE OF THE STATE OF MICHIGAN, 1945 PA 327, 14 MCL 259.10. 15 (F) "AIRPORT ZONING REGULATIONS" MEANS AIRPORT ZONING REGU- 16 LATIONS ADOPTED UNDER SECTION 13, 14, 15, 16, OR 17 OF THE AIR- 17 PORT ZONING ACT, 1950 (EX SESS) PA 23, MCL 259.443, 259.444, 18 259.445, 259.446, AND 259.447, FOR AN AIRPORT HAZARD AREA THAT 19 LIES IN WHOLE OR PART IN THE AREA AFFECTED BY A ZONING ORDINANCE 20 UNDER THIS ACT. 21 (G)(b)"Development rights" means the rights to develop 22 land to the maximum intensity of development authorized by law. 23 (H)(c)"Development rights ordinance" means an ordinance, 24 which may comprise part of a zoning ordinance, adopted under 25 section 31. 04188'99 7 1 (I)(d)"Intensity of development" means the height, bulk, 2 area, density, setback, use, and other similar characteristics of 3 development. 4 (J)(e)"Other eligible land" means land that has a common 5 property line with agricultural land from which development 6 rights have been purchased and that is not divided from that 7 agricultural land by a state or federal limited access highway. 8 (K)(f)"PDR program" means a program under section 32 for 9 the purchase of development rights by a township. 10 (2) This act shall be known and may be cited as the 11 "township zoning act". 12 Enacting section 1. This amendatory act does not take 13 effect unless Senate Bill No. 764 or House Bill No. _____ 14 (request no. 03702'99) of the 90th Legislature is enacted into 15 law. 04188'99 Final page. TMV