February 23, 2011, Introduced by Senators YOUNG, HUNTER and JOHNSON and referred to the Committee on Local Government and Elections.
A bill to allow inclusionary zoning; to prescribe the powers
and duties of certain local agencies and officials; and to provide
certain restrictions for dwelling units built within the
inclusionary zone.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"inclusionary zoning act".
Sec. 2. As used in this act:
(a) "Affordable dwelling unit" means a single-family dwelling
or multiple family dwelling that substantially complies with all
applicable state and local building and housing laws, ordinances,
and codes, and which is appropriately priced for either of the
following:
(i) Sale to any person or family whose income does not exceed
80% of the median family income for the local area, with
adjustments for family size, according to the latest figures
available from the United States department of housing and urban
development.
(ii) Rent to any person or family whose income does not exceed
60% of the median family income for the local area, with
adjustments for family size, according to the latest figures
available from the United States department of housing and urban
development.
(b) "Inclusionary zoning" means a zoning regulation,
requirement, or condition of development, imposed by ordinance or
regulation, or pursuant to any special permit, special exception,
or subdivision plan, that promotes the development of affordable
dwelling units.
Sec. 3. (1) A local unit of government may use inclusionary
zoning to increase the availability of affordable dwelling units
within its jurisdiction.
(2) If a local unit of government requires a developer to
construct 1 or more affordable dwelling units under this act, the
local unit of government may grant to the developer permission to
construct a total number of units in excess of the number allowed
by applicable density limits.
(3) A local unit of government may enter into agreements with
developers to restrict rent or sale prices for properties
designated as affordable dwelling units. An agreement under this
subsection shall contain the terms of the agreement, including, but
not limited to, all of the following:
(a) Methods of enforcing the agreement.
(b) Penalties for noncompliance with the agreement.
Sec. 4. To qualify for inclusionary zoning, an affordable
dwelling unit shall remain affordable for at least 10 years, but
not more than 50 years, after development.