HB-5211, As Passed House, December 2, 2010

SUBSTITUTE FOR

HOUSE BILL NO. 5211

     A bill to amend 2006 PA 110, entitled

"Michigan zoning enabling act,"

by amending section 203 (MCL 125.3203).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     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 including, subject to subsection (5),

public 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 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.

     (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).

     (3) In addition to the requirements of subsection (1), 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.

     (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.

     (5) The reference to public transportation facilities in

subsection (1) only applies to a plan that is adopted or

substantively amended more than 90 days after the effective date of

the amendatory act that added this subsection.