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HB-4398, As Passed Senate, March 23, 2006

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4398

A bill to codify the laws regarding local units of government

regulating the development and use of land; to provide for the

adoption of zoning ordinances; to provide for the establishment in

counties, townships, cities, and villages of zoning districts; to

prescribe the powers and duties of certain officials; to provide

for the assessment and collection of fees; to authorize the

issuance of bonds and notes; to prescribe penalties and provide

remedies; and to repeal acts and parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

ARTICLE I

GENERAL PROVISIONS

Sec. 101. This act shall be known and may be cited as the

"Michigan zoning enabling act".

Sec. 102. As used in this act:

(a) "Agricultural land" means substantially undeveloped land

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

including, but not limited to, forage and sod crops, grains, feed

crops, field crops, dairy products, poultry and poultry products,

livestock, herbs, flowers, seeds, grasses, nursery stock, fruits,

vegetables, Christmas trees, and other similar uses and activities.

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

department of transportation, bureau of aeronautics under section

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

MCL 259.86.

plan, or an amendment to a plan, filed with the zoning commission

under section 151 of the aeronautics code of the state of Michigan,

1945 PA 327, MCL 259.151.

(d) "Airport manager" means that term as defined in section 10

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

259.10.

(e) "Airport zoning regulations" means airport zoning

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

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

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

act.

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

section 2140 of the natural resources and environmental protection

act, 1994 PA 451, MCL 324.2140.

(g) "Coordinating zoning committee" means a coordinating

zoning committee as described under section 307.

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

the maximum intensity of development authorized by law.

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

may comprise part of a zoning ordinance, adopted under section 308.

(j) "Family day-care home" and "group day-care home" mean

those terms as defined in section 1 of 1973 PA 116, MCL 722.111,

and only apply to the bona fide private residence of the operator

of the family or group day-care home.

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

including habitats, wildlife corridors, and trails, that links

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

each other, for recreation and conservation purposes.

(l) "Improvements" means those features and actions associated

with a project that are considered necessary by the body or

official granting zoning approval to protect natural resources or

the health, safety, and welfare of the residents of a local unit of

government and future users or inhabitants of the proposed project

or project area, including roadways, lighting, utilities,

sidewalks, screening, and drainage. Improvements do not include the

entire project that is the subject of zoning approval.

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

density, setback, use, and other similar characteristics of

development.

(n) "Legislative body" refers to the county board of

commissioners of a county, the board of trustees of a township, the

council of a city or village, or other similar duly elected

representative body of a county, township, city, or village.

(o) "Local unit of government" means a county, township, city,

or village.

(p) "Other eligible land" means land that has a common

property line with agricultural land from which development rights

have been purchased and is not divided from that agricultural land

by a state or federal limited access highway.

(q) "Population" means the population according to the most

recent federal decennial census or according to a special census

conducted under section 7 of the Glenn Steil state revenue sharing

act of 1971, 1971 PA 140, MCL 141.907, whichever is the more

recent.

(r) "Site plan" includes the documents and drawings required

by the zoning ordinance to insure that a proposed land use or

activity is in compliance with local ordinances and state and

federal statutes.

(s) "State licensed residential facility" means a structure

constructed for residential purposes that is licensed by the state

under the adult foster care facility licensing act, 1979 PA 218,

MCL 400.701 to 400.737, or 1973 PA 116, MCL 722.111 to 722.128, and

provides residential services for 6 or fewer persons under 24-hour

supervision or care.

(t) "Undeveloped state" means a natural state preserving

natural resources, natural features, scenic or wooded conditions,

agricultural use, open space, or a similar use or condition. Land

in an undeveloped state does not include a golf course but may

include a recreational trail, picnic area, children's play area,

greenway, or linear park. Land in an undeveloped state may be, but

is not required to be, dedicated to the use of the public.

(u) "Zoning board" means a county zoning commission created

under the county zoning act, 1943 PA 185, MCL 125.201 to 125.240,

or a township zoning board created under the township zoning act,

1943 PA 184, MCL 125.271 to 125.310, that existed on the effective

date of this act.

(v) "Zoning commission" means a zoning commission as described

under section 301.

(w) "Zoning jurisdiction" refers to the area encompassed by

the legal boundaries of a city or village or to the area

encompassed by the legal boundaries of a county or township outside

the limits of incorporated cities and villages. The zoning

jurisdiction of a county does not include the areas subject to

township zoning by a township that has adopted a zoning ordinance

under this act.

Sec. 103. (1) Except as otherwise provided under this act, if

a local unit of government is required to provide notice and

hearing under this act, the local unit of government shall publish

notice of the request in a newspaper of general circulation in the

local unit of government.

(2) Notice shall also be sent by mail or personal delivery to

the owners of property for which approval is being considered.

Notice shall also be sent to all persons to whom real property is

assessed within 300 feet of the property and to the occupants of

all structures within 300 feet of the property regardless of

whether the property or occupant is located in the zoning

jurisdiction.

(3) The notice shall be given not less than 15 days before the

date the application will be considered for approval. If the name

of the occupant is not known, the term "occupant" may be used in

making notification under this subsection. The notice 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 be

used.

(d) Indicate when and where written comments will be received

concerning the request.

ARTICLE II

ZONING AUTHORIZATION AND INITIATION

Sec. 201. (1) A local unit of government may provide by zoning

ordinance for the regulation of land development and the

establishment of 1 or more districts within its zoning jurisdiction

which regulate the use of land and structures to meet the needs of

the state's citizens for food, fiber, energy, and other natural

resources, places of residence, recreation, industry, trade,

service, and other uses of land, to ensure that use of the land is

situated in appropriate locations and relationships, to limit the

inappropriate overcrowding of land and congestion of population,

transportation systems, and other public facilities, to facilitate

adequate and efficient provision for transportation systems, sewage

disposal, water, energy, education, recreation, and other public

service and facility requirements, and to promote public health,

safety, and welfare.

(2) Except as otherwise provided under this act, the

regulations shall be uniform for each class of land or buildings,

dwellings, and structures within a district.

(3) A local unit of government may provide under the zoning

ordinance for the regulation of land development and the

establishment of districts which apply only to land areas and

activities involved in a special program to achieve specific land

management objectives and avert or solve specific land use

problems, including the regulation of land development and the

establishment of districts in areas subject to damage from flooding

or beach erosion.

(4) A local unit of government may adopt land development

regulations under the zoning ordinance designating or limiting the

location, height, bulk, number of stories, uses, and size of

dwellings, buildings, and structures that may be erected or

altered, including tents and recreational vehicles.

Sec. 202. (1) The legislative body of a local 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, supplemented, or changed. Amendments or supplements to

the zoning ordinance shall be made in the same manner as provided

under this act for the enactment of the original ordinance.

(2) If an individual property or 10 or fewer adjacent

properties are proposed for rezoning, the zoning commission shall

give a notice of the proposed rezoning in the same manner as

required under section 103.

(3) If 11 or more adjacent properties are proposed for

rezoning, the zoning commission shall give a notice of the proposed

rezoning in the same manner as required under section 103, except

for the requirement of section 103(2) and except that no individual

addresses of properties are required to be listed under section

103(3)(b).

(4) An amendment to a zoning ordinance by a city or village is

subject to a protest petition under section 403.

(5) An amendment for the purpose of conforming 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

without referring the amendment to any other board or agency

provided for under this act.

Sec. 203. (1) The zoning ordinance shall be based upon a plan

designed to promote the public health, safety, and general welfare,

to encourage the use of lands in accordance with their character

and adaptability, to limit the improper use of land, to conserve

natural resources and energy, to meet the needs of the state's

residents for food, fiber, and other natural resources, places of

residence, recreation, industry, trade, service, and other uses of

land, to insure that uses of the land shall be situated in

appropriate locations and relationships, to avoid the overcrowding

of population, to provide adequate light and air, to lessen

congestion on the public roads and streets, to reduce hazards to

life and property, to facilitate adequate provision for a system of

transportation, sewage disposal, safe and adequate water supply,

education, recreation, and other public requirements, and to

conserve the expenditure of funds for public improvements and

services to conform with the most advantageous uses of land,

resources, and properties. The zoning ordinance shall be made with

reasonable consideration to the character of each district, its

peculiar suitability for particular uses, the conservation of

property values and natural resources, and the general and

appropriate trend and character of land, building, and population

development.

(2) If a local unit of government adopts or revises a plan

required under subsection (1) after an airport layout plan or

airport approach plan has been filed with the local unit of

government, the local unit of government shall incorporate the

airport layout plan or airport approach plan into the plan adopted

under subsection (1).

(3) In addition to the requirements of subsection (1), a

zoning ordinance adopted after March 28, 2001 shall be adopted

after reasonable consideration of both of the following:

(a) The environs of any airport within a district.

(b) Comments received at or before a public hearing under

section 306 or transmitted under section 308 from the airport

manager of any airport.

(4) If a zoning ordinance was adopted before March 28, 2001,

the zoning ordinance is not required to be consistent with any

airport zoning regulations, airport layout plan, or airport

approach plan. A zoning ordinance amendment adopted or variance

granted after March 28, 2001 shall not increase any inconsistency

that may exist between the zoning ordinance or structures or uses

and any airport zoning regulations, airport layout plan, or airport

approach plan. This section does not limit the right to petition

for submission of a zoning ordinance amendment to the electors

under section 402 or the right to file a protest petition under

section 403.

Sec. 204. A zoning ordinance adopted under this act shall

provide for the use of a single-family residence by an occupant of

that residence for a home occupation to give instruction in a craft

or fine art within the residence. This section does not prohibit

the regulation of noise, advertising, traffic, hours of operation,

or other conditions that may accompany the use of a residence under

this section.

Sec. 205. (1) An ordinance adopted under this act is subject

to the electric transmission line certification act, 1995 PA 30,

MCL 460.561 to 460.575.

(2) A county or township shall not regulate or control the

drilling, completion, or operation of oil or gas wells or other

wells drilled for oil or gas exploration purposes and shall not

have jurisdiction with reference to the issuance of permits for the

location, drilling, completion, operation, or abandonment of such

wells.

Sec. 206. (1) Except as otherwise provided in subsection (2),

a state licensed residential facility shall be considered a

residential use of property for the purposes of zoning and a

permitted use in all residential zones and is not subject to a

special use or conditional use permit or procedure different from

those required for other dwellings of similar density in the same

zone.

(2) Subsection (1) does not apply to adult foster care

facilities licensed by a state agency for care and treatment of

persons released from or assigned to adult correctional

institutions.

(3) For a county or township, a family day-care home is

considered a residential use of property for the purposes of zoning

and a permitted use in all residential zones and is not subject to

a special use or conditional use permit or procedure different from

those required for other dwellings of similar density in the same

zone.

(4) For a county or township, a group day-care home shall be

issued a special use permit, conditional use permit, or other

similar permit if the group day-care home meets all of the

following standards:

(a) Is located not closer than 1,500 feet to any of the

following:

(i) Another licensed group day-care home.

(ii) Another adult foster care small group home or large group

home licensed under the adult foster care facility licensing act,

1979 PA 218, MCL 400.701 to 400.737.

(iii) A facility offering substance abuse treatment and

rehabilitation service to 7 or more people licensed under article 6

of the public health code, 1978 PA 368, MCL 333.6101 to 333.6523.

(iv) A community correction center, resident home, halfway

house, or other similar facility which houses an inmate population

under the jurisdiction of the department of corrections.

(b) Has appropriate fencing for the safety of the children in

the group day-care home as determined by the local unit of

government.

characteristics of the neighborhood.

(d) Does not exceed 16 hours of operation during a 24-hour

period. The local unit of government may limit but not prohibit the

operation of a group day-care home between the hours of 10 p.m. and

6 a.m.

(e) Meets regulations, if any, governing signs used by a group

day-care home to identify itself.

(f) Meets regulations, if any, requiring a group day-care home

operator to provide off-street parking accommodations for his or

her employees.

(5) For a city or village, a group day-care home may be issued

a special use permit, conditional use permit, or other similar

permit.

(6) A licensed or registered family or group day-care home

that operated before March 30, 1989 is not required to comply with

the requirements of this section.

(7) The requirements of this section shall not prevent a local

unit of government from inspecting and enforcing a family or group

day-care home for the home’s compliance with the local unit of

government’s zoning ordinance. For a county or township, an

ordinance shall not be more restrictive for a family or group day-

care home than as provided under 1973 PA 116, MCL 722.111 to

722.128.

(8) The subsequent establishment of any of the facilities

listed under subsection (4)(a) will not affect any subsequent

special use permit renewal, conditional use permit renewal, or

other similar permit renewal pertaining to the group day-care home.

(9) The requirements of this section shall not prevent a local

unit of government from issuing a special use permit, conditional

use permit, or other similar permit to a licensed or registered

group day-care home that does not meet the standards listed under

subsection (4).

(10) The distances required under subsection (4)(a) shall be

measured along a road, street, or place maintained by this state or

a local unit of government and generally open to the public as a

matter of right for the purpose of vehicular traffic, not including

an alley.

Sec. 207. A zoning ordinance or zoning decision shall not have

the effect of totally prohibiting the establishment of a land use

within a local unit of government in the presence of a demonstrated

need for that land use within either that local unit of government

or the surrounding area within the state, unless a location within

the local unit of government does not exist where the use may be

appropriately located or the use is unlawful.

Sec. 208. (1) If the use of a dwelling, building, or structure

or of the land is lawful at the time of enactment of a zoning

ordinance or an amendment to a zoning ordinance, then that use may

be continued although the use does not conform to the provisions of

the zoning ordinance or amendment.

(2) The legislative body may provide in a zoning ordinance for

the completion, resumption, restoration, reconstruction, extension,

or substitution of nonconforming uses or structures upon terms and

conditions provided in the zoning ordinance. In establishing terms

for the completion, resumption, restoration, reconstruction,

extension, or substitution of nonconforming uses or structures,

different classes of nonconforming uses may be established in the

zoning ordinance with different requirements applicable to each

class.

(3) The legislative body may acquire, by purchase,

condemnation, or otherwise, private property or an interest in

private property for the removal of nonconforming uses and

structures. The legislative body may provide that the cost and

expense of acquiring private property may be paid from general

funds or assessed to a special district in accordance with the

applicable statutory provisions relating to the creation and

operation of special assessment districts for public improvements

in local units of government. Property acquired under this

subsection by a city or village shall not be used for public

housing.

(4) The elimination of the nonconforming uses and structures

in a zoning district is declared to be for a public purpose and for

a public use. The legislative body may institute proceedings for

condemnation of nonconforming uses and structures under 1911 PA

149, MCL 213.21 to 213.25.

Sec. 209. Except as otherwise provided under this act, a

township that has enacted a zoning ordinance under this act is not

subject to an ordinance, rule, or regulation adopted by a county

under this act.

Sec. 210. Except as otherwise provided under this act, an

ordinance adopted under this act shall be controlling in the case

of any inconsistencies between the ordinance and an ordinance

adopted under any other law.

Sec. 211. (1) The legislative body may proceed with the

adoption of a zoning ordinance containing land development

regulations and establishing zoning districts under this act upon

appointment of a zoning commission as provided in section 301.

(2) The legislative body may appoint a zoning commission for

purposes of formulating a zoning ordinance on its own initiative or

upon receipt of a petition requesting that action as provided under

subsection (3).

(3) Upon receipt of a petition signed by a number of qualified

and registered voters residing in the zoning jurisdiction equal to

not less than 8% of the total votes cast within the zoning

jurisdiction for all candidates for governor at the last preceding

general election at which a governor was elected, filed with the

clerk of the local unit of government requesting the legislative

body to appoint a zoning commission for purposes of formulating a

zoning ordinance, the legislative body, at the next regular

meeting, may initiate action to formulate a zoning commission and

zoning ordinance under this act.

ARTICLE III

ZONING COMMISSION

Sec. 301. (1) Each local unit of government in which the

legislative body exercises authority under this act shall create a

zoning commission. A zoning board in existence on the effective

date of this act may continue as a zoning commission subject to a

transfer of power under subsection (2) or until 5 years from the

effective date of this act, whichever is earlier. A planning

commission exercising the authority of a zoning board before the

effective date of this act may continue to exercise that authority

subject to this act.

(2) Except as otherwise provided under this subsection, if the

legislative body has transferred the powers of the zoning

commission to the planning commission as provided by law, the

zoning commission shall be the planning commission of the local

unit of government. The legislative body shall have 5 years from

the effective date of this act to transfer the powers of the zoning

commission to the planning commission. Except as provided under

this subsection, 5 years after the effective date of this act, the

zoning commission shall not have any authority under this act or an

ordinance adopted under this act.

(3) If a zoning commission is created after the effective date

of this act, the zoning commission shall be created by resolution

and be composed of not fewer than 5 or more than 11 members

appointed by the legislative body. Not less than 2 of the members

of a county zoning commission shall be recommended for membership

by the legislative bodies of townships that are, or shall be,

subject to the county zoning ordinance. This requirement may be met

as vacancies occur on a county zoning commission that existed on

the effective date of this act.

(4) The members of the zoning commission shall be selected

upon the basis of the members' qualifications and fitness to serve

as members of a zoning commission.

(5) The first zoning commission appointed shall be divided as

nearly as possible into 3 equal groups, with terms of each group as

follows:

(a) One group for 1 year.

(b) One group for 2 years.

(6) Upon the expiration of the terms of the members first

appointed, successors shall be appointed in like manner for terms

of 3 years each. A member of the zoning commission shall serve

until a successor is appointed and has been qualified.

(7) A vacancy shall be filled in the same manner as is

provided under this section for the remainder of the unexpired

term.

(8) An elected officer of the local unit of government or an

employee of the legislative body shall not serve simultaneously as

a member or an employee of the zoning commission, except that 1

member of the zoning commission may be a member of the legislative

body.

(9) The legislative body shall provide for the removal of a

member of the zoning commission for misfeasance, malfeasance or

nonfeasance in office upon written charges and after public

hearing.

(10) The zoning commission shall elect from its members a

chairperson, a secretary, and other officers or establish such

committees it considers necessary and may engage any employees,

including for technical assistance, it requires. The election of

officers shall be held not less than once in every 2-year period.

Sec. 302. Members of the zoning commission may be reimbursed

for reasonable expenses actually incurred in the discharge of their

duties and may receive compensation as fixed by the legislative

body.

Sec. 303. (1) With the approval of the legislative body, the

zoning commission may engage the services of a planning expert.

Compensation for the planning expert shall be paid by the

legislative body.

(2) The zoning commission shall consider any information and

recommendations furnished by appropriate public officials,

departments, or agencies.

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. 305. The zoning commission shall adopt and file with the

legislative body the following recommendations:

(a) A zoning plan for the areas subject to zoning of the local

unit of government.

(b) The establishment of zoning districts, including the

boundaries of those districts.

zoning regulations to be adopted for a zoning district or the

zoning jurisdiction as a whole.

(d) The manner of administering and enforcing the zoning

ordinance.

Sec. 306. (1) Before submitting its recommendations for a

proposed zoning ordinance to the legislative body, the zoning

commission shall hold at least 1 public hearing. Notice of the time

and place of the public hearing 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 other subsequent zoning

text or map amendments.

(2) Notice of the time and place of the public hearing shall

also be given by mail to each electric, gas, and pipeline public

utility company, each telecommunication service provider, each

railroad operating within the district or zone affected, and the

airport manager of each airport, that registers its name and

mailing address with the clerk of the legislative body for the

purpose of receiving the notice of public hearing.

(3) The notices required under this section shall include the

places and times at which the proposed text and any maps of the

zoning ordinance may be examined.

Sec. 307. (1) Following the hearing required in section 306, a

township shall submit for review and recommendation the proposed

zoning ordinance, including any zoning maps, to the zoning

commission of the county in which the township is situated if a

county zoning commission has been appointed as provided under this

act.

(2) If there is not a county zoning commission or county

planning commission, the proposed zoning ordinance shall be

submitted to the coordinating zoning committee. The coordinating

zoning committee shall be composed of either 3 or 5 members

appointed by the legislative body of the county for the purpose of

coordinating the zoning ordinances proposed for adoption under this

act with the zoning ordinances of a township, city, or village

having a common boundary with the township.

(3) The county will have waived its right for review and

recommendation of an ordinance if the recommendation of the county

zoning commission, planning commission, or coordinating zoning

committee has not been received by the township within 30 days from

the date the proposed ordinance is received by the county.

(4) The legislative body of a county by resolution may waive

its right to review township ordinances and amendments under this

section.

Sec. 308. (1) Following the required public hearing under

section 306, the zoning commission shall transmit a summary of

comments received at the hearing and its proposed zoning ordinance,

including any zoning maps and recommendations, to the legislative

body of the local unit of government.

(2) Following the enactment of the zoning ordinance, the

zoning commission shall at least once per year prepare for the

legislative body a report on the administration and enforcement of

the zoning ordinance and recommendations for amendments or

supplements to the ordinance.

ARTICLE IV

ZONING ADOPTION AND ENFORCEMENT

Sec. 401. (1) After receiving a zoning ordinance under section

308(1) or an amendment under section 202, the legislative body may

hold a public hearing if it considers it necessary or as may

otherwise be required.

(2) Notice of the 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 other 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 a property owner who requests a hearing by

certified mail, addressed to the clerk of the legislative body.

(5) After the public hearing held as allowed under this

section, 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 as required by this section or at such later date after

publication as may be specified by the legislative body.

(7) Following adoption of a zoning ordinance and 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 in a newspaper of general circulation in the local unit

of government within 15 days after adoption.

(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.

(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 requirements relating to the

filing and publication of county, township, city, or village

ordinances.

Sec. 402. (1) Within 7 days after publication of a zoning

ordinance 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 of the

zoning ordinance to file a petition 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 of the

ordinance, if a petition is not filed within that time.

(b) If a petition is filed within 30 days after publication of

the ordinance, the clerk of the legislative body determines that

the petition is inadequate.

the ordinance, 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. 403. (1) An amendment to a zoning ordinance by a city or

village is subject to a protest petition as required by this

subsection. If a protest petition is filed, approval of the

amendment to the zoning ordinance shall require a 2/3 vote of the

legislative body, unless a larger vote, not to exceed a 3/4 vote,

is required by ordinance or charter. The protest petition shall be

presented to the legislative body of the city or village before

final legislative action on the amendment and shall be signed by 1

or more of the following:

(a) The owners of at least 20% of the area of land included in

the proposed change.

(b) The owners of at least 20% of the area of land included

within an area extending outward 100 feet from any point on the

boundary of the land included in the proposed change.

(2) Publicly owned land shall be excluded in calculating the

20% land area requirement under subsection (1).

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 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. 405. (1) An owner of land may voluntarily offer in

writing, and the local unit of government may approve, certain use

and development of the land as a condition to a rezoning of the

land or an amendment to a zoning map.

(2) In approving the conditions under subsection (1), the

local unit of government may establish a time period during which

the conditions apply to the land. Except for an extension under

subsection (4), if the conditions are not satisfied within the time

specified under this subsection, the land shall revert to its

former zoning classification.

(3) The local government shall not add to or alter the

conditions approved under subsection (1) during the time period

specified under subsection (2) of this section.

(4) The time period specified under subsection (2) may be

extended upon the application of the landowner and approval of the

local unit of government.

(5) A local unit of government shall not require a landowner

to offer conditions as a requirement for rezoning. The lack of an

offer under subsection (1) shall not otherwise affect a landowner's

rights under this act, the ordinances of the local unit of

government, or any other laws of this state.

Sec. 406. The legislative body may require the payment of

reasonable fees for zoning permits as a condition to the granting

of authority to use, erect, alter, or locate dwellings, buildings,

and structures, including tents and recreational vehicles, within a

zoning district established under this act.

Sec. 407. Except as otherwise provided by law, a use of land

or a dwelling, building, or structure, including a tent or

recreational vehicle, used, erected, altered, razed, or converted

in violation of a zoning ordinance or regulation adopted under this

act is a nuisance per se. The court shall order the nuisance

abated, and the owner or agent in charge of the dwelling, building,

structure, tent, recreational vehicle, or land is liable for

maintaining a nuisance per se. The legislative body shall in the

zoning ordinance enacted under this act designate the proper

official or officials who shall administer and enforce the zoning

ordinance and do either of the following for each violation of the

zoning ordinance:

(a) Impose a penalty for the violation.

(b) Designate the violation as a municipal civil infraction

and impose a civil fine for the violation.

ARTICLE V

SPECIAL ZONING PROVISIONS

Sec. 501. (1) The local unit of government may require the

submission and approval of a site plan before authorization of a

land use or activity regulated by a zoning ordinance. The zoning

ordinance shall specify the body or official responsible for

reviewing site plans and granting approval.

(2) If a zoning ordinance requires site plan approval, the

site plan, as approved, shall become part of the record of

approval, and subsequent actions relating to the activity

authorized shall be consistent with the approved site plan, unless

a change conforming to the zoning ordinance receives the mutual

agreement of the landowner and the body or official that initially

approved the site plan.

(3) The procedures and requirements for the submission and

approval of site plans shall be specified in the zoning ordinance.

Site plan submission, review, and approval shall be required for

special land uses and planned unit developments. Decisions

rejecting, approving, or conditionally approving a site plan shall

be based upon requirements and standards contained in the zoning

ordinance, other local unit of government planning documents, other

applicable ordinances, and state and federal statutes.

(4) A site plan shall be approved if it contains the

information required by the zoning ordinance and is in compliance

with the conditions imposed under the zoning ordinance, other local

unit of government planning documents, other applicable ordinances,

and state and federal statutes.

Sec. 502. (1) The legislative body may provide in a zoning

ordinance for special land uses in a zoning district. A special

land use shall be subject to the review and approval of the zoning

commission, the planning commission, an official charged with

administering the zoning ordinance, or the legislative body as

required by the zoning ordinance. The zoning ordinance shall

specify all of the following:

(a) The special land uses and activities eligible for approval

and the body or official responsible for reviewing and granting

approval.

(b) The requirements and standards for approving a request for

a special land use.

application, review, and approval of a special land use.

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

which requires a discretionary decision, the local unit of

government shall provide notice of the request as required under

section 103. The notice shall indicate that a public hearing on the

special land use request may be requested by any property owner or

the occupant of any structure located within 300 feet of the

property being considered for a special land use regardless of

whether the property or occupant is located in the zoning

jurisdiction.

(3) At the initiative of the body or official responsible for

approving the special land use or upon the request of the

applicant, a real property owner whose real property is assessed

within 300 feet of the property, or the occupant of a structure

located within 300 feet of the property, a public hearing shall be

held before a discretionary decision is made on the special land

use request.

(4) The body or official designated to review and approve

special land uses may deny, approve, or approve with conditions a

request for special land use approval. The decision on a special

land use shall be incorporated in a statement of findings and

conclusions relative to the special land use which specifies the

basis for the decision and any conditions imposed.

Sec. 503. (1) As used in this section, "planned unit

development" includes such terms as cluster zoning, planned

development, community unit plan, and planned residential

development and other terminology denoting zoning requirements

designed to accomplish the objectives of the zoning ordinance

through a land development project review process based on the

application of site planning criteria to achieve integration of the

proposed land development project with the characteristics of the

project area.

(2) The legislative body may establish planned unit

development requirements in a zoning ordinance that permit

flexibility in the regulation of land development, encourage

innovation in land use and variety in design, layout, and type of

structures constructed, achieve economy and efficiency in the use

of land, natural resources, energy, and the provision of public

services and utilities, encourage useful open space, and provide

better housing, employment, and shopping opportunities particularly

suited to the needs of the residents of this state. The review and

approval of planned unit developments shall be by the zoning

commission, an individual charged with administration of the zoning

ordinance, or the legislative body, as specified in the zoning

ordinance.

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

unit development, regulations relating to the use of land,

including, but not limited to, permitted uses, lot sizes, setbacks,

height limits, required facilities, buffers, open space areas, and

land use density, shall be determined in accordance with the

planned unit development regulations specified in the zoning

ordinance. The planned unit development regulations need not be

uniform with regard to each type of land use if equitable

procedures recognizing due process principles and avoiding

arbitrary decisions are followed in making regulatory decisions.

Unless explicitly prohibited by the planned unit development

regulations, if requested by the landowner, a local unit of

government may approve a planned unit development with open space

that is not contiguous with the rest of the planned unit

development.

(4) The planned unit development regulations established by

the local unit of government shall specify all of the following:

(a) The body or official responsible for the review and

approval of planned unit development requests.

(b) The conditions that create planned unit development

eligibility, the participants in the review process, and the

requirements and standards upon which applicants will be reviewed

and approval granted.

approval.

(5) Following receipt of a request to approve a planned unit

development, the body or official responsible for the review and

approval shall hold at least 1 public hearing on the request. A

zoning ordinance may provide for preapplication conferences before

submission of a planned unit development request and the submission

of preliminary site plans before the public hearing. Notification

of the public hearing shall be given in the same manner as required

under section 103.

(6) Within a reasonable time following the public hearing, the

body or official responsible for approving planned unit

developments shall meet for final consideration of the request and

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

official shall prepare a report stating its conclusions, its

decision, the basis for its decision, and any conditions imposed on

an affirmative decision.

(7) If amendment of a zoning ordinance is required by the

planned unit development regulations of a zoning ordinance, the

requirements of this act for amendment of a zoning ordinance shall

be followed, except that the hearing and notice required by this

section shall fulfill the public hearing and notice requirements of

section 306.

(8) If the planned unit development regulations of a zoning

ordinance do not require amendment of the zoning ordinance to

authorize a planned unit development, the body or official

responsible for review and approval shall approve, approve with

conditions, or deny a request.

(9) Final approval may be granted on each phase of a

multiphased planned unit development if each phase contains the

necessary components to insure protection of natural resources and

the health, safety, and welfare of the users of the planned unit

development and the residents of the surrounding area.

(10) In establishing planned unit development requirements, a

local unit of government may incorporate by reference other

ordinances or statutes which regulate land development. The planned

unit development regulations contained in zoning ordinances shall

encourage complementary relationships between zoning regulations

and other regulations affecting the development of land.

Sec. 504. (1) If the zoning ordinance authorizes the

consideration and approval of special land uses or planned unit

developments under section 502 or 503 or otherwise provides for

discretionary decisions, the regulations and standards upon which

those decisions are made shall be specified in the zoning

ordinance.

(2) The standards shall be consistent with and promote the

intent and purpose of the zoning ordinance and shall insure that

the land use or activity authorized shall be compatible with

adjacent uses of land, the natural environment, and the capacities

of public services and facilities affected by the land use. The

standards shall also insure that the land use or activity is

consistent with the public health, safety, and welfare of the local

unit of government.

(3) A request for approval of a land use or activity shall be

approved if the request is in compliance with the standards stated

in the zoning ordinance, the conditions imposed under the zoning

ordinance, other applicable ordinances, and state and federal

statutes.

(4) Reasonable conditions may be required with the approval of

a special land use, planned unit development, or other land uses or

activities permitted by discretionary decision. The conditions may

include conditions necessary to insure that public services and

facilities affected by a proposed land use or activity will be

capable of accommodating increased service and facility loads

caused by the land use or activity, to protect the natural

environment and conserve natural resources and energy, to insure

compatibility with adjacent uses of land, and to promote the use of

land in a socially and economically desirable manner. Conditions

imposed shall meet all of the following requirements:

(a) Be designed to protect natural resources, the health,

safety, and welfare, as well as the social and economic well-being,

of those who will use the land use or activity under consideration,

residents and landowners immediately adjacent to the proposed land

use or activity, and the community as a whole.

(b) Be related to the valid exercise of the police power and

purposes which are affected by the proposed use or activity.

requirements, be related to the standards established in the zoning

ordinance for the land use or activity under consideration, and be

necessary to insure compliance with those standards.

(5) The conditions imposed with respect to the approval of a

land use or activity shall be recorded in the record of the

approval action and remain unchanged except upon the mutual consent

of the approving authority and the landowner. The approving

authority shall maintain a record of conditions which are changed.

Sec. 505. (1) To ensure compliance with a zoning ordinance and

any conditions imposed under a zoning ordinance, a local unit of

government may require that a cash deposit, certified check,

irrevocable letter of credit, or surety bond acceptable to the

local unit of government covering the estimated cost of

improvements be deposited with the clerk of the legislative body to

insure faithful completion of the improvements. The performance

guarantee shall be deposited at the time of the issuance of the

permit authorizing the activity or project. The local unit of

government may not require the deposit of the performance guarantee

until it is prepared to issue the permit. The local unit of

government shall establish procedures by which a rebate of any cash

deposits in reasonable proportion to the ratio of work completed on

the required improvements shall be made as work progresses.

(2) This section shall not be applicable to improvements for

which a cash deposit, certified check, irrevocable bank letter of

credit, or surety bond has been deposited under the land division

act, 1967 PA 288, MCL 560.101 to 560.293.

Sec. 506. (1) Subject to subsection (4) and section 402, a

qualified local unit of government shall provide in its zoning

ordinance that land zoned for residential development may be

developed, at the option of the landowner, with the same number of

dwelling units on a smaller portion of the land than specified in

the zoning ordinance, but not more than 50% for a county or

township or 80% for a city or village, that could otherwise be

developed, as determined by the local unit of government under

existing ordinances, laws, and rules on the entire land area, if

all of the following apply:

(a) The land is zoned at a density equivalent to 2 or fewer

dwelling units per acre or, if the land is served by a public sewer

system, 3 or fewer dwelling units per acre.

(b) A percentage of the land area specified in the zoning

ordinance, but not less than 50% for a county or township or 20%

for a city or village, will remain perpetually in an undeveloped

state by means of a conservation easement, plat dedication,

restrictive covenant, or other legal means that runs with the land,

as prescribed by the zoning ordinance.

public sewer or public water supply system, unless development of

the land without the exercise of the option provided by this

subsection would also depend upon the extension.

(d) The option provided under this subsection has not

previously been exercised with respect to that land.

(2) After a landowner exercises the option provided under

subsection (1), the land may be rezoned accordingly.

(3) The development of land under subsection (1) is subject to

other applicable ordinances, laws, and rules, including rules

relating to suitability of groundwater for on-site water supply for

land not served by public water and rules relating to suitability

of soils for on-site sewage disposal for land not served by public

sewers.

(4) Subsection (1) does not apply to a qualified local unit of

government if both of the following apply:

(a) On or before October 1, 2001, the local unit of government

had in effect a zoning ordinance provision providing for both of

the following:

(i) Land zoned for residential development may be developed, at

the option of the landowner, with the same number of dwelling units

on a smaller portion of the land that, as determined by the local

unit of government, could otherwise be developed under existing

ordinances, laws, and rules on the entire land area.

(ii) If the landowner exercises the option provided by

subparagraph (i), the portion of the land not developed will remain

perpetually in an undeveloped state by means of a conservation

easement, plat dedication, restrictive covenant, or other legal

means that runs with the land.

(b) On or before December 15, 2001, a landowner exercised the

option provided under the zoning ordinance provision referred to in

subdivision (a) with at least 50% of the land area for a county or

township or 20% of the land area for a city or village, remaining

perpetually in an undeveloped state.

(5) The zoning ordinance provisions required by subsection (1)

shall be cited as the "open space preservation" provisions of the

zoning ordinance.

(6) As used in this section, "qualified local unit of

government" means a county, township, city, or village that meets

all of the following requirements:

(a) Has adopted a zoning ordinance.

(b) Has a population of 1,800 or more.

residential development at a density described in subsection

(1)(a).

Sec. 507. (1) As used in this section and sections 508 and

509, "PDR program" means a purchase of development rights program.

(2) The legislative body may adopt a development rights

ordinance limited to the establishment, financing, and

administration of a PDR program, as provided under this section and

sections 508 and 509. The PDR program may be used only to protect

agricultural land and other eligible land. This section and

sections 508 and 509 do not expand the condemnation authority of a

local unit of government as otherwise provided for in this act.

(3) A PDR program shall not acquire development rights by

condemnation. This section and sections 508 and 509 do not limit

any authority that may otherwise be provided by law for a local

unit of government to protect natural resources, preserve open

space, provide for historic preservation, or accomplish similar

purposes.

(4) A legislative body shall not establish, finance, or

administer a PDR program unless the legislative body adopts a

development rights ordinance. If the local unit of government has a

zoning ordinance, the development rights ordinance may be adopted

as part of the zoning ordinance under the procedures for a zoning

ordinance under this act. A local unit of government may adopt a

development rights ordinance in the same manner as required for a

zoning ordinance.

(5) A legislative body may promote and enter into agreements

with other local units of government for the purchase of

development rights, including cross-jurisdictional purchases,

subject to applicable development rights ordinances.

Sec. 508. (1) A development rights ordinance shall provide for

a PDR program. Under a PDR program, the local unit of government

purchases development rights, but only from a willing landowner. A

development rights ordinance providing for a PDR program shall

specify all of the following:

(a) The public benefits that the local unit of government may

seek through the purchase of development rights.

(b) The procedure by which the local unit of government or a

landowner may by application initiate purchase of development

rights.

to a determination under standards and procedures required by

subdivision (d).

(d) The standards and procedures to be followed by the

legislative body for approving, modifying, or rejecting an

application to purchase development rights, including the

determination of all the following:

(i) Whether to purchase development rights.

(ii) Which development rights to purchase.

(iii) The intensity of development permitted after the purchase

on the land from which the development rights are purchased.

(iv) The price at which development rights will be purchased

and the method of payment.

(v) The procedure for ensuring that the purchase or sale of

development rights is legally fixed so as to run with the land.

(e) The circumstances under which an owner of land from which

development rights have been purchased under a PDR program may

repurchase those development rights and how the proceeds of the

purchase are to be used by the local unit of government.

(2) If the local unit of government has a zoning ordinance,

the purchase of development rights shall be consistent with the

plan referred to in section 203 upon which the zoning ordinance is

based.

(3) Development rights acquired under a PDR program may be

conveyed only as provided under subsection (1)(e).

(4) A county shall notify each township, city, or village, and

a township shall notify each village, in which is located land from

which development rights are proposed to be purchased of the

receipt of an application for the purchase of development rights

and shall notify each township, city, or village of the disposition

of that application.

(5) A county shall not purchase development rights under a

development rights ordinance from land subject to a township, city,

or village zoning ordinance unless all of the following

requirements are met:

(a) The development rights ordinance provisions for the PDR

program are consistent with the plan upon which the township, city,

or village zoning is based.

(b) The legislative body of the township, city, or village

adopts a resolution authorizing the PDR program to apply in the

township, city, or village.

proposed purchase of development rights, the township, city, or

village provides the county with written approval of the purchase.

Sec. 509. (1) A PDR program may be financed through 1 or more

of the following sources:

(a) General appropriations by the local unit of government.

(b) Proceeds from the sale of development rights by the local

unit of government subject to section 508(3).

(d) Donations.

(e) Bonds or notes issued under subsections (2) to (5).

(f) General fund revenue.

(g) Special assessments under subsection (6).

(h) Other sources approved by the legislative body and

permitted by law.

(2) The legislative body may borrow money and issue bonds or

notes under the revised municipal finance act, 2001 PA 34, MCL

141.2101 to 141.2821, subject to the general debt limit applicable

to the local unit of government. The bonds or notes may be revenue

bonds or notes, general obligation limited tax bonds or notes, or,

subject to section 6 of article IX of the state constitution of

1963, general obligation unlimited tax bonds or notes.

(3) The legislative body may secure bonds or notes issued

under this section by mortgage, assignment, or pledge of property,

including, but not limited to, anticipated tax collections, revenue

sharing payments, or special assessment revenues. A pledge made by

the legislative body is valid and binding from the time the pledge

is made. The pledge immediately shall be subject to the lien of the

pledge without a filing or further act. The lien of the pledge

shall be valid and binding as against parties having claims in

tort, contract, or otherwise against the local unit of government,

irrespective of whether the parties have notice of the lien. Filing

of the resolution, the trust agreement, or another instrument by

which a pledge is created is not required.

(4) Bonds or notes issued under this section are exempt from

all taxation in this state except inheritance and transfer taxes,

and the interest on the bonds or notes is exempt from all taxation

in this state.

(5) The bonds and notes issued under this section may be

invested in by the state treasurer and all other public officers,

state agencies, and political subdivisions, insurance companies,

financial institutions, investment companies, and fiduciaries and

trustees and may be deposited with and received by the state

treasurer and all other public officers and the agencies and

political subdivisions of this state for all purposes for which the

deposit of bonds or notes is authorized. The authority granted by

this section is in addition to all other authority granted by law.

(6) A development rights ordinance may authorize the

legislative body to finance a PDR program by special assessments.

In addition to meeting the requirements of section 508, the

development rights ordinance shall include in the procedure to

approve and establish a special assessment district both of the

following:

(a) The requirement that there be filed with the legislative

body a petition containing all of the following:

(i) A description of the development rights to be purchased,

including a legal description of the land from which the purchase

is to be made.

(ii) A description of the proposed special assessment district.

(iii) The signatures of the owners of a least 66% of the land

area in the proposed special assessment district.

(iv) The amount and duration of the proposed special

assessments.

(b) The requirement that the legislative body specify how the

proposed purchase of development rights will specially benefit the

land in the proposed special assessment district.

ARTICLE VI

ZONING BOARD OF APPEALS

Sec. 601. (1) In each local unit of government in which the

legislative body exercises the authority conferred by this act, the

legislative body shall appoint a zoning board of appeals. A zoning

board of appeals in existence on the effective date of this act may

continue to act as the zoning board of appeals subject to this act.

(2) The legislative body of a city or village may act as a

zoning board of appeals and may establish rules to govern its

procedure as a zoning board of appeals.

(3) In appointing a zoning board of appeals, membership of

that board shall be composed of not fewer than 5 members if the

local unit of government has a population of 5,000 or more and not

fewer than 3 members if the local unit of government has a

population of less than 5,000. The number of members of the zoning

board of appeals shall be specified in the zoning ordinance. One of

the regular members of the zoning board of appeals shall be a

member of the zoning commission or of the planning commission if

the duties and responsibilities of the zoning commission have been

transferred to the planning commission.

(4) The remaining regular members, and any alternate members,

shall be selected from the electors of the local unit of government

residing within the zoning jurisdiction of that local unit of

government. The members selected shall be representative of the

population distribution and of the various interests present in the

local unit of government.

(5) One regular member may be a member of the legislative body

but shall not serve as chairperson of the zoning board of appeals.

An employee or contractor of the legislative body may not serve as

a member of the zoning board of appeals.

(6) The legislative body may appoint not more than 2 alternate

members for the same term as regular members to the zoning board of

appeals. An alternate member may be called as specified to serve as

a member of the zoning board of appeals in the absence of a regular

member if the regular member will be unable to attend 1 or more

meetings. An alternate member may also be called to serve as a

member for the purpose of reaching a decision on a case in which

the member has abstained for reasons of conflict of interest. The

alternate member appointed shall serve in the case until a final

decision is made. The alternate member has the same voting rights

as a regular member of the zoning board of appeals.

(7) A member of the zoning board of appeals may be paid a

reasonable per diem and reimbursed for expenses actually incurred

in the discharge of his or her duties.

(8) A member of the zoning board of appeals may be removed by

the legislative body for misfeasance, malfeasance, or nonfeasance

in office upon written charges and after public hearing. A member

shall disqualify himself or herself from a vote in which the member

has a conflict of interest. Failure of a member to disqualify

himself or herself from a vote in which the member has a conflict

of interest constitutes malfeasance in office.

(9) The terms of office for members appointed to the zoning

board of appeals shall be for 3 years, except for members serving

because of their membership on the zoning commission or legislative

body, whose terms shall be limited to the time they are members of

those bodies. When members are first appointed, the appointments

may be for less than 3 years to provide for staggered terms. A

successor shall be appointed not more than 1 month after the term

of the preceding member has expired. Vacancies for unexpired terms

shall be filled for the remainder of the term.

(10) A zoning board of appeals shall not conduct business

unless a majority of the regular members of the zoning board of

appeals are present.

Sec. 602. (1) Meetings of the zoning board of appeals shall be

held at the call of the chairperson and at other times as the

zoning board of appeals in its rules of procedure may specify. The

chairperson or, in his or her absence, the acting chairperson may

administer oaths and compel the attendance of witnesses.

(2) The zoning board of appeals shall maintain a record of its

proceedings which shall be filed in the office of the clerk of the

legislative body.

Sec. 603. (1) The zoning board of appeals shall hear and

decide questions that arise in the administration of the zoning

ordinance, including the interpretation of the zoning maps, and may

adopt rules to govern its procedures sitting as a zoning board of

appeals. The zoning board of appeals shall also hear and decide on

matters referred to the zoning board of appeals or upon which the

zoning board of appeals is required to pass under a zoning

ordinance adopted under this act. It shall hear and decide appeals

from and review any administrative order, requirement, decision, or

determination made by an administrative official or body charged

with enforcement of a zoning ordinance adopted under this act. For

special land use and planned unit development decisions, an appeal

may be taken to the zoning board of appeals only if provided for in

the zoning ordinance.

(2) The concurring vote of a majority of the members of the

zoning board of appeals is necessary to reverse an order,

requirement, decision, or determination of the administrative

official or body, to decide in favor of the applicant on a matter

upon which the zoning board of appeals is required to pass under

the zoning ordinance, or to grant a variance in the zoning

ordinance.

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 the state or 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

time as shall be prescribed by the zoning board of appeals by

general rule, by the filing with the officer from whom the appeal

is taken and with the zoning board of appeals of 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 from unless 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, in which case proceedings may be stayed by a restraining

order issued by the zoning board of appeals or a circuit court.

(4) Following receipt of a written request concerning a

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) Upon receipt of a written request seeking an

interpretation of the zoning ordinance or an appeal of an

administrative decision, a notice stating the time, date, and place

of the public hearing shall be published in a newspaper of general

circulation within the township and shall be sent to the person

requesting the interpretation not less than 15 days before the

public hearing. In addition, if the request for an interpretation

or appeal of an administrative decision involves a specific parcel,

written notice stating the nature of the interpretation request and

the time, date, and place of the public hearing on the

interpretation request shall be sent by first-class mail or

personal delivery to all persons to whom real property is assessed

within 300 feet of the boundary of the property in question and to

the occupants of all structures within 300 feet of the boundary of

the property in question. If a tenant's name is not known, the term

"occupant" may be used.

(6) At the hearing, a party may appear in person 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 is 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.

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 shall not be construed to require a

local unit of government to adopt ordinance provisions to allow for

the granting of use variances.

Sec. 605. The decision of the zoning board of appeals shall be

final. A party aggrieved by the decision may appeal to the circuit

court for the county in which the property is located as provided

under section 606.

Sec. 606. (1) Any party aggrieved by a decision of the zoning

board of appeals may appeal to the circuit court for the county in

which the property is located. The circuit court shall review the

record and decision to ensure that the decision meets all of the

following requirements:

(a) Complies with the constitution and laws of the state.

(b) Is based upon proper procedure.

evidence on the record.

(d) Represents the reasonable exercise of discretion granted

by law to the zoning board of appeals.

(2) If the court finds the record inadequate to make the

review required by this section or finds that additional material

evidence exists that with good reason was not presented, the court

shall order further proceedings on conditions that the court

considers proper. The zoning board of appeals may modify its

findings and decision as a result of the new proceedings or may

affirm the original decision. The supplementary record and decision

shall be filed with the court. The court may affirm, reverse, or

modify the decision.

(3) An appeal under this section shall be filed within 30 days

after the zoning board of appeals certifies its decision in writing

or approves the minutes of its decision. The court shall have

jurisdiction to make such further orders as justice may require. An

appeal may be had from the decision of any circuit court to the

court of appeals.

Sec. 607. (1) Any party aggrieved by any order, determination,

or decision of any officer, agency, board, commission, zoning board

of appeals, or legislative body of any local unit of government

made under section 208 may obtain a review in the circuit court for

the county in which the property is located. The review shall be in

accordance with section 606.

(2) Any person required to be given notice under section

604(4) of the appeal of any order, determination, or decision made

under section 208 shall be a proper party to any action for review

under this section.

ARTICLE VII

STATUTORY COMPLIANCE AND REPEALER

Sec. 701. (1) All meetings subject to this act shall be

conducted in compliance with the open meetings act, 1976 PA 267,

MCL 15.261 to 15.275.

(2) A writing prepared, owned, used, in the possession of, or

retained as required by this act shall be made available to the

public in compliance with the freedom of information act, 1976 PA

442, MCL 15.231 to 15.246.

Sec. 702. (1) The following acts and parts of acts are

repealed:

(a) The city and village zoning act, 1921 PA 207, MCL 125.581

to 125.600.

(b) The county zoning act, 1943 PA 183, MCL 125.201 to

125.240.

125.310.

(2) This section shall not be construed to alter, limit, void,

affect, or abate any pending litigation, administrative proceeding,

or appeal that existed on the effective date of this act or any

ordinance, order, permit, or decision that was based on the acts

repealed by this section.

Enacting section 1. This act takes effect July 1, 2006.