HOUSE BILL No. 5029 July 11, 2001, Introduced by Reps. Kolb, Ruth Johnson and Richardville and referred to the Committee on Land Use and Environment. A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending section 20 (MCL 125.600), as amended by 2000 PA 383, and by adding section 4f. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 4F. (1) BEGINNING 6 MONTHS AFTER THE EFFECTIVE DATE OF 2 THE AMENDATORY ACT THAT ADDED THIS SECTION, EACH CITY OR VILLAGE 3 WITH A ZONING ORDINANCE SHALL PROVIDE IN THE ZONING ORDINANCE 4 THAT A PROPRIETOR OF LAND ZONED FOR RESIDENTIAL DEVELOPMENT MAY 5 DEVELOP A PERCENTAGE OF THE DEVELOPABLE LAND AREA SPECIFIED IN 6 THE ZONING ORDINANCE, BUT NOT MORE THAN 50%, WITH THE SAME NUMBER 7 OF DWELLING UNITS THAT COULD OTHERWISE BE DEVELOPED ON THE ENTIRE 8 DEVELOPABLE LAND AREA IF BOTH OF THE FOLLOWING APPLY: 04466'01 TMV 2 1 (A) THE LAND IS ZONED AT A DENSITY EQUIVALENT TO 2 OR FEWER 2 DWELLING UNITS PER ACRE, OR, IF THE LAND IS SERVED BY A PUBLIC 3 SEWER SYSTEM, 3 OR FEWER DWELLING UNITS PER ACRE. 4 (B) THE PROPRIETOR ENSURES THAT A PERCENTAGE OF THE LAND 5 AREA SPECIFIED IN THE ZONING ORDINANCE, BUT NOT LESS THAN 50%, 6 WILL REMAIN IN AN UNDEVELOPED STATE BY MEANS OF A CONSERVATION 7 EASEMENT, PLAT DEDICATION, RESTRICTIVE COVENANT, OR OTHER LEGAL 8 MEANS THAT RUNS WITH THE LAND. 9 (2) A PROPRIETOR'S EXERCISE OF THE OPTION PROVIDED UNDER 10 SUBSECTION (1) DOES NOT REQUIRE A REZONING OF THE LAND. 11 (3) THE PROTEST PETITION PROVISIONS OF SECTION 4 DO NOT 12 APPLY TO A ZONING ORDINANCE AMENDMENT ADOPTED TO COMPLY WITH 13 SUBSECTION (1). 14 (4) THE ZONING ORDINANCE PROVISIONS REQUIRED BY SUBSECTION 15 (1) SHALL BE KNOWN AND MAY BE CITED AS THE "OPEN SPACE 16 PRESERVATION" PROVISIONS OF THE ZONING ORDINANCE. 17 Sec. 20. (1) As used in this act: 18 (a) "Agricultural land" means substantially undeveloped land 19 devoted to the production of plants and animals useful to humans, 20 including forage and sod crops; grains, feed crops, and field 21 crops;dairy anddairy products; poultry and poultry products; 22 livestock, including breeding and grazing of cattle, swine, and 23 similar animals; berries; herbs; flowers; seeds; grasses; nursery 24 stock; fruits; vegetables; Christmas trees; and other similar 25 uses and activities. 26 (b) "Airport" means an airport licensed by the Michigan 27 department of transportation, bureau of aeronautics under section 04466'01 3 1 86 of the aeronautics code of the state of Michigan, 1945 PA 327, 2 MCL 259.86. 3 (c) "Airport approach plan" means a plan, or an amendment to 4 a plan, adopted under section 12 of the airport zoning act, 1950 5 (Ex Sess) PA 23, MCL 259.442, and filed with the commission 6 appointed to recommend zoning regulations for the city or village 7 under section 151 of the aeronautics code of the state of 8 Michigan, 1945 PA 327, MCL 259.151. 9 (d) "Airport layout plan" means a plan, or an amendment to a 10 plan, that shows current or proposed layout of an airport, that 11 is approved by the Michigan aeronautics commission, and that is 12 filed with COMMISSION APPOINTED TO RECOMMEND ZONING REGULATIONS 13 FOR the city or villagezoning commissionunder section 151 of 14 the aeronautics code of the state of Michigan, 1945 PA 327, MCL 15 259.151. 16 (e) "Airport manager" means that term as defined in section 17 10 of the aeronautics code of the state of Michigan, 1945 PA 327, 18 MCL 259.10. 19 (f) "Airport zoning regulations" means airport zoning regu- 20 lations under the airport zoning act, 1950 (Ex Sess) PA 23, MCL 21 259.431 to 259.465, for an airport hazard area that lies in whole 22 or part in the area affected by a zoning ordinance under this 23 act. 24 (G) "CONDOMINIUM UNIT" MEANS THAT TERM AS DEFINED IN SECTION 25 4 OF THE CONDOMINIUM ACT, 1978 PA 59, MCL 559.104. 04466'01 4 1 (H) "CONSERVATION EASEMENT" MEANS THAT TERM AS DEFINED IN 2 SECTION 2140 OF THE NATURAL RESOURCES AND ENVIRONMENTAL 3 PROTECTION ACT, 1994 PA 451, MCL 324.2140. 4 (I) "DEVELOPABLE LAND AREA" MEANS THE MAXIMUM COMBINED AREA 5 OF THE RESIDENTIAL LOTS, PARCELS, OR SITE CONDOMINIUM UNITS THAT 6 COULD LAWFULLY BE DEVELOPED ON THE LAND. 7 (J)(g)"Development rights" means the rights to develop 8 land to the maximum intensity of development authorized by law. 9 (K)(h)"Development rights ordinance" means an ordinance, 10 which may comprise part of a zoning ordinance, adopted under 11 section 13. 12 (l)(i)"Intensity of development" means the height, bulk, 13 area, density, setback, use, and other similar characteristics of 14 development. 15 (M) "LOT" MEANS THAT TERM AS DEFINED IN SECTION 2 OF THE 16 LAND DIVISION ACT, 1967 PA 288, MCL 560.102. 17 (N)(j)"Other eligible land" means land that has a common 18 property line with agricultural land from which development 19 rights have been purchased and that is not divided from that 20 agricultural land by a state or federal limited access highway. 21 (O) "PARCEL" MEANS THAT TERM AS DEFINED IN SECTION 2 OF THE 22 LAND DIVISION ACT, 1967 PA 288, MCL 560.102. 23 (P)(k)"PDR program" means a program under section 14 for 24 the purchase of development rights by a city or village. 25 (Q) "PROPRIETOR" MEANS A PROPRIETOR AS DEFINED IN SECTION 2 26 OF THE LAND DIVISION ACT, 1967 PA 288, MCL 560.102, OR A 04466'01 5 1 DEVELOPER AS THAT TERM IS DEFINED IN SECTION 6 OF THE CONDOMINIUM 2 ACT, 1959 PA 78, MCL 559.106. 3 (R) "SITE CONDOMINIUM" MEANS CONDOMINIUM UNIT CONSISTING OF 4 A SINGLE FAMILY RESIDENCE, INCLUDING THE STRUCTURE, AND SURROUND- 5 ING LAND. 6 (S) "UNDEVELOPED STATE" MEANS A NATURAL STATE PRESERVING 7 NATURAL RESOURCES, NATURAL FEATURES, OR SCENIC CONDITIONS, OR IN 8 AN AGRICULTURAL, FARMING, OPEN SPACE, WOODED, OR SIMILAR USE OR 9 CONDITION. LAND IN AN UNDEVELOPED STATE DOES NOT INCLUDE A GOLF 10 COURSE BUT MAY INCLUDE A RECREATIONAL TRAIL, PICNIC AREA, OR 11 CHILDREN'S PLAY AREA. 12 (2) This act shall be known and may be cited as the "city 13 and village zoning act". 04466'01 Final page. TMV