SENATE BILL No. 414

April 24, 2001, Introduced by Senator LELAND and referred to the Committee on Gaming

and Casino Oversight.

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 3d.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 SEC. 3D. (1) A CITY WITH A POPULATION OF 750,000 OR MORE

2 THAT HAS ADOPTED A ZONING ORDINANCE SHALL ZONE ANY LAND IN THAT

3 CITY LOCATED WITHIN 1/2 MILE OF A CONNECTING WATERWAY OF THE

4 GREAT LAKES IN A ZONING CLASSIFICATION THAT DOES NOT AUTHORIZE A

5 USE REGULATED UNDER THE MICHIGAN GAMING CONTROL AND REVENUE ACT,

6 THE INITIATED LAW OF 1996, MCL 432.201 TO 432.226.

7 (2) A CITY WITH A POPULATION OF 750,000 OR MORE THAT HAS

8 ADOPTED A ZONING ORDINANCE SHALL NOT APPROVE A SPECIAL LAND USE

9 UNDER SECTION 4A ON ANY LAND IN THAT CITY LOCATED WITHIN 1/2 MILE

10 OF A CONNECTING WATERWAY OF THE GREAT LAKES FOR A USE REGULATED

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1 UNDER THE MICHIGAN GAMING CONTROL AND REVENUE ACT, THE INITIATED

2 LAW OF 1996, MCL 432.201 TO 432.2226.

3 Sec. 20. (1) As used in this act:

4 (a) "Agricultural land" means substantially undeveloped land

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

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

7 crops; dairy CATTLE and dairy products; poultry and poultry pro-

8 ducts; livestock, including breeding and grazing of cattle,

9 swine, and similar animals; berries; herbs; flowers; seeds;

10 grasses; nursery stock; fruits; vegetables; Christmas trees; and

11 other similar uses and activities.

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

13 department of transportation, bureau of aeronautics under section

14 86 of the aeronautics code of the state of Michigan, 1945 PA 327,

15 MCL 259.86.

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

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

18 (Ex Sess) PA 23, MCL 259.442, and filed with the commission

19 appointed to recommend zoning regulations for the city or village

20 under section 151 of the aeronautics code of the state of

21 Michigan, 1945 PA 327, MCL 259.151.

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

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

24 is approved by the Michigan aeronautics commission, and that is

25 filed with the city or village zoning commission under section

26 151 of the aeronautics code of the state of Michigan, 1945 PA

27 327, MCL 259.151.

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

2 10 of the aeronautics code of the state of Michigan, 1945 PA 327,

3 MCL 259.10.

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

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

6 259.431 to 259.465, for an airport hazard area that lies in whole

7 or part in the area affected by a zoning ordinance under this

8 act.

9 (G) "CONNECTING WATERWAY OF THE GREAT LAKES" MEANS THE

10 ST. MARYS RIVER, DETROIT RIVER, ST. CLAIR RIVER, OR LAKE

11 ST. CLAIR.

12 (H) (g) "Development rights" means the rights to develop

13 land to the maximum intensity of development authorized by law.

14 (I) (h) "Development rights ordinance" means an ordinance,

15 which may comprise part of a zoning ordinance, adopted under

16 section 13.

17 (J) (i) "Intensity of development" means the height, bulk,

18 area, density, setback, use, and other similar characteristics of

19 development.

20 (K) (j) "Other eligible land" means land that has a common

21 property line with agricultural land from which development

22 rights have been purchased and that is not divided from that

23 agricultural land by a state or federal limited access highway.

24 (l) (k) "PDR program" means a program under section 14 for

25 the purchase of development rights by a city or village.

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

27 and village zoning act".

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