SENATE BILL NO. 509


   April 15, 1999, Introduced by Senators NORTH, DUNASKISS, JOHNSON 
        and BULLARD and referred to the Committee on Local, Urban 
        and State Affairs.



        A bill to amend 1950 (Ex Sess) PA 23, entitled

   "Airport zoning act,"

   by amending section 24 (MCL 259.454).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 24.  Any  A person desiring to erect
              any  A struc-

 2    ture, or increase the height of  any  A structure,
             or permit the

 3    growth of  any  A tree, or otherwise use 
             his  property in viola-

 4    tion of the airport zoning regulations adopted under this act, OR

 5    AN AGENCY ACTING UNDER SECTION 4 OF THE UNIFORM CONDEMNATION PRO-

 6    CEDURES ACT, 1980 PA 87, MCL 213.54, may apply to the board of

 7    appeals, for a variance from the zoning regulations in question.

 8     Such variances shall be allowed where  THE BOARD
             OF APPEALS

 9    SHALL ALLOW A VARIANCE IF a literal application or enforcement of

10    the regulations would result in practical difficulty or



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 1    unnecessary hardship and the relief granted would not be contrary

 2    to the public interest, but would do substantial justice and be

 3    in accordance with the spirit of the regulations.  of this
             act:

 4     Provided, however, That any  HOWEVER, A variance
                       may be allowed

 5    subject to any reasonable  conditions  CONDITION or
             condition

 6    subsequent that the board of appeals  may deem 
             CONSIDERS neces-

 7    sary to effectuate the purposes of this act.  Nothing in
             this

 8     section authorizes the allowance of any variation which will
                        A

 9    VARIANCE SHALL NOT conflict with  any  A general
             zoning ordinance

10    or regulation of  any  A political subdivision,
              except such as

11     is  BUT MAY CONFLICT WITH A ZONING ORDINANCE OR
                       REGULATION

12    adopted exclusively for airport zoning purposes.
































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