December 2, 2014, Introduced by Rep. VerHeulen and referred to the Committee on Local Government.
A bill to amend 2006 PA 110, entitled
"Michigan zoning enabling act,"
by amending sections 103, 202, 304, 401, 402, 404, and 604 (MCL
125.3103, 125.3202, 125.3304, 125.3401, 125.3402, 125.3404, and
125.3604), sections 103, 202, 401, and 604 as amended by 2008 PA
12.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 103. (1) Except as otherwise provided under this act, if
a local unit of government conducts a public hearing required under
this
act, the local unit of government shall publish give notice
of
the hearing as follows:
(a) If the hearing is conducted before January 1, 2015, by
publication in a newspaper of general circulation in the local unit
of government not less than 15 days before the date of the hearing.
(b) If the hearing is conducted after December 31, 2014, by
giving tier B public notice with a link under the local government
public notice act. If website posting is required, the posting
period shall include the 14 days immediately before the hearing.
(2) Notice required under this act shall be given as provided
under subsection (3) to the owners of property that is the subject
of the request. Notice shall also be given as provided under
subsection (3) to all persons to whom real property is assessed
within 300 feet of the property that is the subject of the request
and to the occupants of all structures within 300 feet of the
subject property regardless of whether the property or structure is
located in the zoning jurisdiction. Notification need not be given
to more than 1 occupant of a structure, except that if a structure
contains more than 1 dwelling unit or spatial area owned or leased
by different persons, 1 occupant of each unit or spatial area shall
be given notice. If a single structure contains more than 4
dwelling units or other distinct spatial areas owned or leased by
different persons, notice may be given to the manager or owner of
the structure, who shall be requested to post the notice at the
primary entrance to the structure.
(3) The notice under subsection (2) is considered to be given
when personally delivered or when deposited during normal business
hours for delivery with the United States postal service or other
public or private delivery service. The notice shall be given not
less than 15 days before the date the request will be considered.
If the name of the occupant is not known, the term "occupant" may
be used for the intended recipient of the notice.
(4) A notice under this section shall do all of the following:
(a) Describe the nature of the request.
(b) Indicate the property that is the subject of the request.
The notice shall include a listing of all existing street addresses
within the property. Street addresses do not need to be created and
listed if no such addresses currently exist within the property. If
there
are no street addresses, other means of identification may
shall be used.
(c) State when and where the request will be considered.
(d) Indicate when and where written comments will be received
concerning the request.
Sec. 202. (1) The legislative body of a local unit of
government may provide by ordinance for the manner in which the
regulations and boundaries of districts or zones shall be
determined and enforced or amended or supplemented. Amendments or
supplements to the zoning ordinance shall be adopted in the same
manner as provided under this act for the adoption of the original
ordinance.
(2) Except as provided in subsection (3), the zoning
commission shall give a notice of a proposed rezoning in the same
manner as required under section 103.
(3) For any group of adjacent properties numbering 11 or more
that is proposed for rezoning, the requirements of section 103(2)
and the requirement of section 103(4)(b) that street addresses be
listed do not apply to that group of adjacent properties.
(4) An amendment to a zoning ordinance by a city or village is
subject to a protest petition under section 403.
(5) An amendment to conform a provision of the zoning
ordinance to the decree of a court of competent jurisdiction as to
any specific lands may be adopted by the legislative body and the
notice
of the adopted amendment published given without referring
the amendment to any other board or agency provided for under this
act.
Sec. 304. The zoning commission shall hold a minimum of 2
regular
meetings annually. , giving notice of the time and place by
publication
in a newspaper of general circulation in the zoning
jurisdiction.
Notice shall be given not less than 15 days before
the
meeting. The zoning commission is
subject to the open meetings
act, 1976 PA 267, MCL 15.261 to 15.275.
Sec. 401. (1) After receiving a zoning ordinance under section
308(1) or an amendment under sections 202 and 308(1), the
legislative body may hold a public hearing if it considers it
necessary or if otherwise required.
(2) Notice of a public hearing to be held by the legislative
body shall be given in the same manner as required under section
103(1) for the initial adoption of a zoning ordinance or section
202 for any zoning text or map amendments.
(3) The legislative body may refer any proposed amendments to
the zoning commission for consideration and comment within a time
specified by the legislative body.
(4) The legislative body shall grant a hearing on a proposed
ordinance provision to an interested property owner who requests a
hearing by certified mail, addressed to the clerk of the
legislative body. A hearing under this subsection is not subject to
the requirements of section 103, except that notice of the hearing
shall be given to the interested property owner in the manner
required in section 103(3) and (4).
(5) After any proceedings under subsections (1) to (4), the
legislative body shall consider and vote upon the adoption of a
zoning ordinance, with or without amendments. A zoning ordinance
and any amendments shall be approved by a majority vote of the
members of the legislative body.
(6) Except as otherwise provided under section 402, a zoning
ordinance shall take effect upon the expiration of 7 days after
publication
notice is given as required by subsection (7) or at
such
later date after publication as may be specified by the
legislative body or charter.
(7) Following adoption of a zoning ordinance or any subsequent
amendments by the legislative body, the zoning ordinance or
subsequent amendments shall be filed with the clerk of the
legislative
body. , and a notice of ordinance adoption shall be
published
The clerk shall give notice
of the adoption of the
ordinance as follows:
(a) If the ordinance is adopted before January 1, 2015, by
publication of the notice in a newspaper of general circulation in
the local unit of government within 15 days after adoption.
(b) If the ordinance is adopted after December 31, 2014, by
giving tier B public notice with a link under the local government
public notice act. If website posting is required, the posting
period shall include the 14 days immediately before the hearing.
(8) A copy of the notice required under subsection (7) shall
be mailed to the airport manager of an airport entitled to notice
under section 306.
(9) The notice required under this section shall include all
of the following information:
(a) In the case of a newly adopted zoning ordinance, the
following statement: "A zoning ordinance regulating the development
and use of land has been adopted by the legislative body of the
[county, township, city, or village] of __________.".
(b) In the case of an amendment to an existing zoning
ordinance,
either a summary of the regulatory effect of the
amendment,
including the geographic area affected.
, or the text of
the
amendment.
(c) The effective date of the ordinance or amendment.
(d) The place where and time when a copy of the ordinance or
amendment may be purchased or inspected.
(10) The filing and publication requirements under this
section supersede any other statutory or charter requirements
relating to the filing and publication of county, township, city,
or village ordinances.
Sec.
402. (1) Within 7 days after publication notice of the
adoption of a zoning ordinance is given under section 401, a
registered elector residing in the zoning jurisdiction of a county
or township may file with the clerk of the legislative body a
notice of intent to file a petition under this section.
(2) If a notice of intent is filed under subsection (1), the
petitioner
shall have 30 days following the publication after
notice
of adoption of the zoning ordinance is given to
file a with
the clerk of the legislative body a petition requesting the
submission of a zoning ordinance or part of a zoning ordinance to
the electors residing in the zoning jurisdiction for their
approval. The petition shall be signed by a number of registered
electors residing in the zoning jurisdiction not less than 15% of
the total vote cast within the zoning jurisdiction for all
candidates for governor at the last preceding general election at
which
a governor was elected. , with the clerk of the legislative
body
requesting the submission of a zoning ordinance or part of a
zoning
ordinance to the electors residing in the zoning
jurisdiction
for their approval.
(3) Upon the filing of a notice of intent under subsection
(1), the zoning ordinance or part of the zoning ordinance adopted
by the legislative body shall not take effect until 1 of the
following occurs:
(a)
The expiration of 30 days after publication notice of
adoption of the ordinance is given, if a petition is not filed
within that time.
(b)
If a petition is filed within 30 days after publication
notice of adoption of the ordinance is given, the clerk of the
legislative body determines that the petition is inadequate.
(c)
If a petition is filed within 30 days after publication
notice of adoption of the ordinance is given, the clerk of the
legislative body determines that the petition is adequate and the
ordinance or part of the ordinance is approved by a majority of the
registered electors residing in the zoning jurisdiction voting on
the petition at the next regular election or at any special
election called for that purpose. The legislative body shall
provide the manner of submitting the zoning ordinance or part of
the zoning ordinance to the electors for their approval or
rejection and determining the result of the election.
(4) A petition and an election under this section are subject
to the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.
Sec. 404. (1) To protect the public health, safety, and
general welfare of the inhabitants and the lands and resources of a
local unit of government during the period required for the
preparation and enactment of an initial zoning ordinance under this
act, the legislative body of a local unit of government may direct
the zoning commission to submit, within a specified period of time,
recommendations as to the provisions of an interim zoning
ordinance.
(2) Before presenting its recommendations to the legislative
body, the zoning commission of a township shall submit the interim
zoning ordinance, or an amendment to the ordinance, to the county
zoning commission or the coordinating zoning committee, for the
purpose of coordinating the zoning ordinance with the zoning
ordinances of a township, city, or village having a common boundary
with the township. The ordinance shall be considered approved 15
days from the date the zoning ordinance is submitted to the
legislative body.
(3) After approval, the legislative body, by majority vote of
its members, may give the interim ordinance or amendments to the
interim ordinance immediate effect. An interim ordinance and
subsequent
amendments shall be filed and published notice shall be
given as required under section 401.
(4) The interim ordinance, including any amendments, shall be
limited to 1 year from the effective date and to not more than 2
years of renewal thereafter by resolution of the local unit of
government.
Sec. 604. (1) An appeal to the zoning board of appeals may be
taken by a person aggrieved or by an officer, department, board, or
bureau of this state or the local unit of government. In addition,
a variance in the zoning ordinance may be applied for and granted
under section 4 of the uniform condemnation procedures act, 1980 PA
87, MCL 213.54, and as provided under this act. The zoning board of
appeals shall state the grounds of any determination made by the
board.
(2)
An appeal under this section shall be taken within such
the
time as prescribed by the zoning
board of appeals by general
rule, by filing with the body or officer from whom the appeal is
taken and with the zoning board of appeals a notice of appeal
specifying the grounds for the appeal. The body or officer from
whom the appeal is taken shall immediately transmit to the zoning
board of appeals all of the papers constituting the record upon
which the action appealed from was taken.
(3) An appeal to the zoning board of appeals stays all
proceedings in furtherance of the action appealed. However, if the
body or officer from whom the appeal is taken certifies to the
zoning board of appeals after the notice of appeal is filed that,
by reason of facts stated in the certificate, a stay would in the
opinion of the body or officer cause imminent peril to life or
property, proceedings may be stayed only by a restraining order
issued by the zoning board of appeals or a circuit court.
(4) Following receipt of a written request for a variance, the
zoning board of appeals shall fix a reasonable time for the hearing
of the request and give notice as provided in section 103.
(5) If the zoning board of appeals receives a written request
seeking an interpretation of the zoning ordinance or an appeal of
an administrative decision, the zoning board of appeals shall
conduct a public hearing on the request. Notice shall be given as
required under section 103. However, if the request does not
involve a specific parcel of property, notice need only be
published
given as provided in section 103(1) and given to the
person making the request as provided in section 103(3).
(6) At a hearing under subsection (5), a party may appear
personally or by agent or attorney. The zoning board of appeals may
reverse or affirm, wholly or partly, or modify the order,
requirement, decision, or determination and may issue or direct the
issuance of a permit.
(7) If there are practical difficulties for nonuse variances
as provided in subsection (8) or unnecessary hardship for use
variances as provided in subsection (9) in the way of carrying out
the strict letter of the zoning ordinance, the zoning board of
appeals may grant a variance in accordance with this section, so
that the spirit of the zoning ordinance is observed, public safety
secured, and substantial justice done. The ordinance shall
establish procedures for the review and standards for approval of
all types of variances. The zoning board of appeals may impose
conditions as otherwise allowed under this act.
(8) The zoning board of appeals of all local units of
government shall have the authority to grant nonuse variances
relating to the construction, structural changes, or alteration of
buildings or structures related to dimensional requirements of the
zoning ordinance or to any other nonuse-related standard in the
ordinance.
(9) The authority to grant variances from uses of land is
limited to the following:
(a) Cities and villages.
(b) Townships and counties that as of February 15, 2006 had an
ordinance that uses the phrase "use variance" or "variances from
uses of land" to expressly authorize the granting of use variances
by the zoning board of appeals.
(c) Townships and counties that granted a use variance before
February 15, 2006.
(10) The authority granted under subsection (9) is subject to
the zoning ordinance of the local unit of government otherwise
being in compliance with subsection (7) and having an ordinance
provision that requires a vote of 2/3 of the members of the zoning
board of appeals to approve a use variance.
(11) The authority to grant use variances under subsection (9)
is permissive, and this section does not require a local unit of
government to adopt ordinance provisions to allow for the granting
of use variances.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 5560 of the 97th Legislature is enacted into
law.