July 16, 2009, Introduced by Reps. Donigan, Lisa Brown, Meadows, Haase, Barnett, Polidori, Bauer, Warren and Byrnes and referred to the Committee on Intergovernmental and Regional Affairs.
A bill to amend 2006 PA 110, entitled
"Michigan zoning enabling act,"
by amending sections 203 and 501 (MCL 125.3203 and 125.3501),
section 501 as amended by 2008 PA 12.
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 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.
Sec. 501. (1) The local unit of government may require the
submission and approval of a site plan before authorization of a
land use or activity regulated by a zoning ordinance. The zoning
ordinance shall specify the body or official responsible for
reviewing site plans and granting approval.
(2) If a zoning ordinance requires site plan approval, the
site plan, as approved, shall become part of the record of
approval, and subsequent actions relating to the activity
authorized shall be consistent with the approved site plan, unless
a change conforming to the zoning ordinance is agreed to by the
landowner and the body or official that initially approved the site
plan.
(3) The procedures and requirements for the submission and
approval of site plans shall be specified in the zoning ordinance.
Site plan submission, review, and approval shall be required for
special land uses and planned unit developments.
(4) A decision rejecting, approving, or conditionally
approving a site plan shall be based upon requirements and
standards contained in the zoning ordinance, other statutorily
authorized and properly adopted local unit of government planning
documents, other applicable ordinances, and state and federal
statutes. If a local unit of government is located in a
metropolitan statistical area as defined by the United States
department of commerce or a successor agency, a zoning ordinance of
the local unit of government shall require, as part of any site
plan review, consideration of the proximity of adequate public
transportation to the proposed land use or activity.
(5) A site plan shall be approved if it contains the
information required by the zoning ordinance and is in compliance
with the conditions imposed under the zoning ordinance, other
statutorily authorized and properly adopted local unit of
government planning documents, other applicable ordinances, and
state and federal statutes.