HOUSE BILL No. 6185


     June 13, 2002, Introduced by Reps. Pappageorge, Gosselin and George and referred to the Committee on Local Government and
Urban Policy.


        A bill to amend 1943 PA 183, entitled

   "County zoning act,"

   by amending sections 16b, 16c, 23, and 40 (MCL 125.216b,

   125.216c, 125.223, and 125.240), section 16b as amended by 1989

   PA 246 and section 40 as amended by 2001 PA 178, and by adding

   section 24b.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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             Sec. 16b.  (1) A county may provide in a zoning ordinance

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        for special land uses which shall be permitted in a zoning dis-

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        trict only after review and approval by either the zoning commis-

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        sion, an official charged with administering the ordinance, or

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        the county board of commissioners, AS SPECIFIED IN THE

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        ORDINANCE.  The ordinance shall specify all of the following:






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             (a) The special land uses and activities eligible for

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        approval consideration and the body or official charged with

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        reviewing special land uses and granting approval.

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             (b) The requirements and standards upon which decisions on

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        requests for special land use approval shall be based.

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             (c) The procedures and supporting materials required for

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        application, review, and approval.

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             (2) Upon receipt of an application for a special land use

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        that requires a decision on discretionary grounds, 1 notice that

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        a request for special land use approval has been received shall

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        be published in a newspaper that circulates in the county and

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        sent by mail or personal delivery to  the  ALL OF THE FOLLOWING:

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             (A) THE owners of property for which approval is being

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        considered.  , to all persons

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             (B) EACH PERSON to whom IS ASSESSED real property  is

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        assessed  within 300 feet of the boundary of the property  in

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        question, and to the  THAT IS THE SUBJECT OF THE REQUEST.

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             (C) THE occupants of all structures within 300 feet OF THE

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        BOUNDARY OF THE PROPERTY THAT IS THE SUBJECT OF THE REQUEST.

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             (D) IF THE REQUEST CONCERNS A SIGN OR SIGN STRUCTURE, ALL OF

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        THE FOLLOWING:

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             (i) THE LEGISLATIVE BODY OF THE CITY, VILLAGE, OR TOWNSHIP

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        WHERE THE PROPERTY THAT IS THE SUBJECT OF THE REQUEST IS

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        LOCATED.

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             (ii) THE LEGISLATIVE BODY OF ANY OTHER CITY, VILLAGE, OR

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        TOWNSHIP WITH A BOUNDARY WITHIN 1,500 FEET OF THE BOUNDARY OF THE

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        PROPERTY THAT IS THE SUBJECT OF THE REQUEST.



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             (iii) THE COUNTY BOARD OF COMMISSIONERS OF EACH OTHER COUNTY

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        WHERE A CITY, VILLAGE, OR TOWNSHIP DESCRIBED IN SUBPARAGRAPH (ii)

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        IS LOCATED.

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             (3) The notice PROVIDED FOR IN SUBSECTION (2) shall be given

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        not less than 5 and not more than 45 days before the date the

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        application will be considered.  If the name of the occupant is

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        not known, the term "occupant" may be used in making

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        notification.  Notification need not be given to more than 1

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        occupant of a structure, except that if a structure contains more

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        than 1 dwelling unit or spatial area owned or leased by different

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        individuals, partnerships, businesses, or organizations, 1 occu-

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        pant of each unit or spatial area shall receive notice.  In the

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        case of a single structure containing more than 4 dwelling units

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        or other spatial areas owned or leased by different individuals,

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        partnerships, businesses, or organizations, notice may be given

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        to the manager or owner of the structure, who shall be requested

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        to post the notice at the primary entrance to the structure.  The

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        notice shall do all of the following:

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             (a) Describe the nature of the special land use request.

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             (b) Indicate the  geographic areas that are included in

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        PROPERTY THAT IS THE SUBJECT OF the special land use request.

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             (c) State when and where the special land use request will

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        be considered.

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             (d) Indicate when and where written comments will be

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        received concerning the request.







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             (e) Indicate that a public hearing on the special land use

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        request may be requested by  a property owner  EITHER OR BOTH OF

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        THE FOLLOWING, AS APPLICABLE:

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             (i) AN OWNER OF PROPERTY or the occupant of a structure

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        located within 300 feet of the boundary of the property  being

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        considered for a special use  THAT IS THE SUBJECT OF THE

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        REQUEST.

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             (ii) IF THE REQUEST CONCERNS A SIGN OR SIGN STRUCTURE, THE

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        ENTITIES LISTED IN SUBSECTION (2)(D).

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             (4)  (3)  At the initiative of the body or official respon-

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        sible for approving special land uses, upon the request of the

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        applicant for special land use authorization  , or upon the

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        request of a property owner or the occupant of a structure

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        located within 300 feet of the boundary of the property being

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        considered for a special land use  OR A PERSON DESCRIBED IN SUB-

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        SECTION (3)(E), a public hearing  with notification as required

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        for a notice of a request for special land use approval as pro-

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        vided in subsection (2)  shall be held before a decision is made

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        on a special land use request that is based on discretionary

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        grounds.  NOTICE OF THE PUBLIC HEARING SHALL BE GIVEN IN THE SAME

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        MANNER AS REQUIRED FOR NOTICE OF A REQUEST FOR SPECIAL LAND USE

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        APPROVAL UNDER SUBSECTIONS (2) AND (3). If the applicant or the

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        body or official responsible for approving special land uses

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        requests a public hearing, only notification of the public hear-

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        ing need be made.

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             (5) A decision on a special land use that is based on

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        discretionary grounds shall not be made unless notification of



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        the request for special land use approval, or notification of a

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        public hearing on a special land use request, has been made as

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        required by this section.

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             (6)  (4)  The body or official designated in the zoning

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        ordinance to review and approve special land uses may deny or

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        approve, or approve with conditions, a request for special land

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        use approval.  The decision on a special land use shall be incor-

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        porated in a statement of conclusions relative to the special

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        land use under consideration.  that specifies  THE STATEMENT

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        SHALL SPECIFY the basis for the decision and any conditions

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        imposed.

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             Sec. 16c.  (1)  As used in this section, "planned unit

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        development" includes cluster zoning, planned development, commu-

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        nity unit plan, planned residential development, and other zoning

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        requirements which are designed to accomplish the objectives of a

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        zoning ordinance through a land development project review pro-

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        cess based on the application of site planning criteria to

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        achieve integration of the proposed land development project with

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        the characteristics of the project area.  (2) A county may

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        establish  A COUNTY ZONING ORDINANCE MAY INCLUDE planned unit

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        development requirements  in a zoning ordinance which  THAT

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        permit flexibility in the regulation of land development; encour-

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        age innovation in land use and variety in design, layout, and

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        type of structures constructed; achieve economy and efficiency in

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        the use of land, natural resources, energy, and the providing of

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        public services and utilities; encourage useful open space; and

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        provide better housing, employment, and shopping opportunities



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        particularly suited to the needs of the residents of the state.

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        The review and approval of a planned unit development shall be

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        made by either the zoning commission, an official charged with

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        administration of the ordinance, or the county board of

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        commissioners, AS SPECIFIED IN THE ZONING ORDINANCE.

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             (2)  (3)  Within a land development project designated as a

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        planned unit development, regulations relating to the use of

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        land, including, BUT NOT LIMITED TO, permitted uses, lot sizes,

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        setbacks, height limits, required facilities, buffers, open space

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        areas, and land use density shall be determined  in accordance

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        with  UNDER the planned unit development regulations specified in

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        the zoning ordinance.  The planned unit development regulations

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        need not be uniform with regard to each type of land use if equi-

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        table procedures recognizing due process principles and avoiding

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        arbitrary decisions  have been  ARE followed in making regulatory

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        decisions.

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             (3)  (4)  The planned unit development regulations

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         established  ADOPTED by a county shall specify ALL OF the

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        following:

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             (a) The body or official  which  WHO shall review and

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        approve planned unit development requests.

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             (b) The conditions  which  THAT create planned unit develop-

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        ment eligibility, the persons and agencies involved in the review

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        process, and the requirements and standards upon which applica-

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        tions  will  SHALL be judged and approval granted.

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             (c) The procedures required for application, review, and

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        approval.



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             (4)  (5)  Following receipt of a request to approve a

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        planned unit development, the body or official charged in the

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        ordinance with the review and approval of planned unit develop-

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        ments shall hold at least 1 public hearing on the request.  An

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        ordinance may provide for 1 or more preapplication conferences

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        before submission of a planned unit development request, and FOR

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        the submission of preliminary site plans before the public

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        hearing.  Notification of the public hearing shall be given in

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        the same manner as required by section  16b(3) for public hear-

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        ings on  16B(2) AND (3) FOR REQUESTS FOR special land uses.

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        Within a reasonable time following the public hearing, the body

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        or official responsible for approving planned unit developments

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        shall meet for final consideration of the request, and deny,

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        approve, or approve with conditions the request.  The body or

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        official shall prepare a report stating its conclusions on the

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        request for a planned unit development, the basis for its deci-

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        sion, the decision, and conditions relating to an affirmative

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        decision.   Should the ordinance require  THE DECISION OF THAT

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        BODY OR OFFICIAL IS FINAL UNLESS THE ZONING ORDINANCE REQUIRES

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        THAT THE COUNTY BOARD OF COMMISSIONERS AMEND THE ZONING ORDINANCE

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        TO APPROVE OR APPROVE WITH CONDITIONS THE PLANNED UNIT DEVELOP-

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        MENT REQUEST.  IF THE ORDINANCE REQUIRES that the county board of

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        commissioners amend the ordinance to  act on  APPROVE OR APPROVE

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        WITH CONDITIONS the planned unit development request,  the  BOTH

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        OF THE FOLLOWING APPLY:

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             (A) THE zoning commission shall conduct the hearing as

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        required by section 9, and the report and documents related to



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        the planned unit development request shall be transmitted to the

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        county board of commissioners for consideration in making a final

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        decision.   If an amendment of a zoning ordinance is required by

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        the planned unit development regulations of a county zoning ordi-

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        nance, the

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             (B) THE requirements of this act for amendment of a zoning

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        ordinance shall be followed  .  However,  EXCEPT THAT the hearing

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        and notice required by this subsection  shall be regarded as

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        fulfilling  FULFILLS the public hearing and notice requirements

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        of section 9.

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              (6) If the planned unit development regulations of a county

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        zoning ordinance do not require amendment of the ordinance to

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        authorize a planned unit development, the body or official

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        charged in the zoning ordinance with review and approval of

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        planned unit developments may approve, approve with conditions,

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        or deny a request.

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             (5)  (7)  Final approvals may be granted on each phase of

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        multiphased planned unit development if each phase contains the

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        necessary components to  insure  ENSURE protection of natural

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        resources and the health, safety, and welfare of the users of the

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        planned unit development and the residents of the surrounding

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        area.

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             (6)  (8)  In establishing planned unit development regula-

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        tions, a county may incorporate by reference other  available

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        and  applicable ordinances or statutes  which  THAT regulate land

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        development.  The planned unit development regulations contained

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        in zoning ordinances shall encourage complementary relationships



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        between zoning regulations and other requirements affecting the

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        development of land.

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             Sec. 23.  (1) The county board of zoning appeals shall fix a

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        reasonable time for the hearing of  the appeal and give due

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        notice of the appeal to the parties,  AN APPEAL UNDER SECTION 20

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        and decide the appeal within a reasonable time.  THE BOARD OF

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        ZONING APPEALS SHALL GIVE NOTICE OF THE APPEAL TO ALL OF THE FOL-

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        LOWING, AS APPLICABLE:

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             (A) THE PARTIES.

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             (B) IF THE APPEAL IS FROM A DECISION ON A SPECIAL LAND USE

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        REQUEST CONCERNING A SIGN OR SIGN STRUCTURE, ALL OF THE

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        FOLLOWING:

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             (i) THE LEGISLATIVE BODY OF THE CITY, VILLAGE, OR TOWNSHIP

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        WHERE THE PROPERTY THAT IS THE SUBJECT OF THE REQUEST IS

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        LOCATED.

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             (ii) THE LEGISLATIVE BODY OF ANY OTHER CITY, VILLAGE, OR

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        TOWNSHIP WITH A BOUNDARY WITHIN 1,500 FEET OF THE BOUNDARY OF THE

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        PROPERTY THAT IS THE SUBJECT OF THE REQUEST.

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             (iii) THE COUNTY BOARD OF COMMISSIONERS OF EACH OTHER COUNTY

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        WHERE A CITY, VILLAGE, OR TOWNSHIP DESCRIBED IN SUBPARAGRAPH (ii)

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        IS LOCATED.

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             (2) At the hearing, a party may appear in person or by the

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        agent or by attorney.

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             (3) The county board of zoning appeals may reverse or

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        affirm, wholly or partly, or may modify the order, requirement,

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        decision, or determination  as in its opinion ought to be made in

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        the premises, and to that end shall have  APPEALED FROM.  FOR



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        THAT PURPOSE, THE BOARD HAS all the powers of the officer or body

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        from whom the appeal was taken and may issue or direct the issu-

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        ance of a permit.

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             (4) If there are practical difficulties or unnecessary hard-

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        ship in the way of carrying out the strict letter of the zoning

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        ordinance, the county board of zoning appeals, in passing upon

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        appeals, may vary or modify any of its rules or provisions so

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        that the spirit of the ordinance shall be observed, public safety

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        secured, and substantial justice done.

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             (5)  (2)  The county board of zoning appeals may impose con-

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        ditions with an affirmative decision, pursuant to section

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        16d(2).  The decision of the county board of zoning appeals

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         shall be  IS final.  However, a person having an interest

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        affected by the zoning ordinance has the right to appeal to the

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        circuit court.  Upon appeal, the circuit court shall review the

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        record and decision of the county board of zoning appeals to

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        insure that the decision meets the following requirements:

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             (a) Complies with the state constitution of 1963 and the

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        laws of this state.

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             (b) Is based upon proper procedure.

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             (c) Is supported by competent, material, and substantial

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        evidence on the record.

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             (d) Represents the reasonable exercise of discretion granted

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        by law to the county board of zoning appeals.

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             (6)  (3)  If the court finds the record of the county board

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        of zoning appeals inadequate to make the review required by this

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        section, or that there is additional evidence  which  THAT is



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        material and with good reason was not presented to the county

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        board of zoning appeals, the court shall order further proceed-

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        ings before the county board of zoning appeals on conditions

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         which  THAT the court considers proper.  The county board of

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        zoning appeals may modify its findings and decision as a result

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        of the new proceedings, or may affirm its original decision.  The

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        supplementary record and decision shall be filed with the court.

     8       (7)  (4)  As a result of the review required by this sec-

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        tion, the court may affirm, reverse, or modify the decision of

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        the county board of zoning appeals.

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             SEC. 24B.  IF A COUNTY IS A PARTY IN A JUDICIAL ACTION ARIS-

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        ING FROM ITS DECISION ON A SPECIAL LAND USE REQUEST CONCERNING A

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        SIGN OR SIGN STRUCTURE, ANY OF THE FOLLOWING MAY INTERVENE IN THE

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        ACTION WITH THE APPROVAL OF THE COUNTY BOARD OF COMMISSIONERS OF

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        THAT COUNTY OR UNDER ANY OTHER CIRCUMSTANCES PROVIDED BY LAW OR

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        THE MICHIGAN COURT RULES:

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             (A) THE CITY, VILLAGE, OR TOWNSHIP WHERE THE PROPERTY THAT

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        IS THE SUBJECT OF THE ACTION IS LOCATED.

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             (B) ANY OTHER CITY, VILLAGE, OR TOWNSHIP WITH A BOUNDARY

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        WITHIN 1,500 FEET OF THE BOUNDARY OF THE PROPERTY THAT IS THE

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        SUBJECT OF THE ACTION.

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             (C) EACH OTHER COUNTY WHERE A CITY, VILLAGE, OR TOWNSHIP

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        DESCRIBED IN SUBDIVISION (B) IS LOCATED.

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             Sec. 40.  (1) As used in this act:

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             (a) "Agricultural land" means substantially undeveloped land

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        devoted to the production of plants and animals useful to humans,

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        including forage and sod crops; grains, feed crops, and field



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        crops; dairy products; poultry and poultry products; livestock,

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        including breeding and grazing of cattle, swine, and similar ani-

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        mals; berries; herbs; flowers; seeds; grasses; nursery stock;

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        fruits; vegetables; Christmas trees; and other similar uses and

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        activities.

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             (b) "Airport" means an airport licensed by the Michigan

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        department of transportation, bureau of aeronautics under section

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        86 of the aeronautics code of the state of Michigan, 1945 PA 327,

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        MCL 259.86.

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             (c) "Airport approach plan" means a plan, or an amendment to

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        a plan, adopted under section 12 of the airport zoning act, 1950

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        (Ex Sess) PA 23, MCL 259.442, and filed with the county zoning

13
        commission under section 151 of the aeronautics code of the state

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        of Michigan, 1945 PA 327, MCL 259.151.

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             (d) "Airport layout plan" means a plan, or an amendment to a

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        plan, that shows current or proposed layout of an airport, that

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        is approved by the Michigan aeronautics commission, and that is

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        filed with the county zoning commission under section 151 of the

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        aeronautics code of the state of Michigan, 1945 PA 327,

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        MCL 259.151.

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             (e) "Airport manager" means that term as defined in section

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         10  2 of the aeronautics code of the state of Michigan, 1945

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        PA 327, MCL  259.10  259.2.

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             (f) "Airport zoning regulations" means airport zoning regu-

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        lations under the airport zoning act, 1950 (Ex Sess) PA 23,

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        MCL 259.431 to 259.465, for an airport hazard area that lies in





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        whole or part in the area affected by a zoning ordinance under

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        this act.

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             (g) "Conservation easement" means that term as defined in

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        section 2140 of the natural resources and environmental protec-

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        tion act, 1994 PA 451, MCL 324.2140.

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             (h) "Development rights" means the rights to develop land to

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        the maximum intensity of development authorized by law.

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             (i) "Development rights ordinance" means an ordinance, which

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        may comprise part of a zoning ordinance, adopted under

10
        section 31.

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             (j) "Greenway" means a contiguous or linear open space,

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        including habitats, wildlife corridors, and trails, that link

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        parks, nature reserves, cultural features, or historic sites with

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        each other, for recreation and conservation purposes.

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             (k) "Intensity of development" means the height, bulk, area,

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        density, setback, use, and other similar characteristics of

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        development.

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             (l) "Other eligible land" means land that has a common prop-

19
        erty line with agricultural land from which development rights

20
        have been purchased and that is not divided from that agricul-

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        tural land by a state or federal limited access highway.

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             (m) "PDR program" means a program under section 32 for the

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        purchase of development rights by a county.

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             (N) "PLANNED UNIT DEVELOPMENT" INCLUDES CLUSTER ZONING,

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        PLANNED DEVELOPMENT, COMMUNITY UNIT PLAN, PLANNED RESIDENTIAL

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        DEVELOPMENT, AND OTHER TERMINOLOGY DENOTING ZONING REQUIREMENTS

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        DESIGNED TO ACCOMPLISH THE OBJECTIVES OF THE ZONING ORDINANCE



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        THROUGH A LAND DEVELOPMENT PROJECT REVIEW PROCESS BASED ON THE

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        APPLICATION OF SITE PLANNING CRITERIA TO ACHIEVE INTEGRATION OF A

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        PROPOSED LAND DEVELOPMENT PROJECT WITH THE CHARACTERISTICS OF THE

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        PROJECT AREA.

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             (O) "SIGN" AND "SIGN STRUCTURE" MEAN THOSE TERMS AS DEFINED

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        IN SECTION 2 OF THE HIGHWAY ADVERTISING ACT OF 1972, 1972 PA 106,

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        MCL 252.302.

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             (P)  (n)  "Undeveloped state" means a natural state preserv-

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        ing natural resources, natural features, or scenic or wooded con-

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        ditions; agricultural use; open space; or a similar use or

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        condition.  Land in an undeveloped state does not include a golf

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        course but may include a recreational trail, picnic area,

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        children's play area, greenway, or linear park.  Land in an unde-

14
        veloped state may be, but is not required to be, dedicated to the

15
        use of the public.

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             (2) This act shall be known and may be cited as the "county

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        zoning act".























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