February 23, 2005, Introduced by Reps. Elsenheimer, Walker, Gaffney, Moore, Stakoe, Booher, Hildenbrand, Garfield, Baxter and Kahn and referred to the Committee on Local Government and Urban Policy.
A bill to regulate the development and use of land; to provide
for the establishment in counties, townships, cities, and villages
of zoning districts; to provide for the adoption of zoning
ordinances; to provide for the assessment, levy, and collection of
taxes and fees; to authorize the issuance of bonds and notes; to
provide for special assessments; to prescribe penalties and provide
remedies; and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"zoning enabling act".
Sec. 2. As used in this act:
(a) "Agricultural land" means substantially undeveloped land
devoted to the production of plants and animals, including, but not
limited to, forage and sod crops, grains, feed crops, dairy
products, poultry and poultry products, livestock, herbs, flowers,
seeds, grasses, nursery stock, fruits, vegetables, 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.
(c) "Airport approach plan" means a plan, or an amendment to a
plan, adopted under section 12 of the airport zoning act, 1950 (Ex
Sess) PA 23, MCL 259.442, and 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 layout plan" means a plan, or an amendment to a
plan, that is approved by the Michigan aeronautics commission and
that is filed with the zoning commission under section 151 of the
aeronautics code of the state of Michigan, 1945 PA 327, MCL
259.151.
(e) "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.
(f) "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.
(g) "Conservation easement" means that term as defined in
section 2140 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.2140.
(h) "Coordinating zoning committee" means a coordinating
zoning committee as described under section 12.
(i) "Development rights" means the rights to develop land to
the maximum intensity of development authorized by law.
(j) "Development rights ordinance" means an ordinance, which
may comprise part of a zoning ordinance, adopted under section 24.
(k) "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.
(l) "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.
(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.
(p) "Local unit of government" means a county, township, city,
or village.
(q) "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.
(r) "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.
(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, 1978 PA 218,
MCL 400.701 to 400.737, or 1973 PA 116, MCL 722.111 to 722.128,
that provides resident 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 commission" means a zoning commission as described
under section 6.
(v) "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. 3. (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 as provided under
this act.
(2) A local unit of government may provide by 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.
(3) Ordinances regulating land development may also be adopted
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.
(4) The regulations shall be uniform for each class of land or
buildings, dwellings, and structures within a district.
(5) 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 subsection does not prohibit
the regulation of noise, advertising, traffic, hours of operation,
or other conditions that may accompany the use of a residence
described under this subsection.
(6) An ordinance adopted under this act is subject to the
electric transmission line certification act, 1995 PA 30, MCL
460.561 to 460.575.
(7) 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.
(8) 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.
(9) Subsection (8) 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.
(10) 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.
(11) 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.
(c) Maintains the property consistent with the visible
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.
(12) A licensed or registered family or group day-care home
that operated before March 20, 1989 is not required to comply with
the requirements of this section.
(13) 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, if the ordinance is not more
restrictive for that home than 1973 PA 116, MCL 722.111 to 722.128.
(14) The subsequent establishment of any of the facilities
listed in subsection (11)(a)(i) to (iv) 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.
(15) 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 in subsection (11)(a) to (f).
(16) The distances specified in subsections (11)(a) and (14)
shall be measured along a road, street, or place maintained by this
state or a local unit of government and generally open to use by
the public as a matter of right for the purpose of vehicular
traffic, not including an alley.
Sec. 4. (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 6.
(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.
(3) Upon receipt of a petition signed by 8% of the persons who
are residents and property owners in the zoning jurisdiction 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, shall vote upon whether to initiate action under
this act. Upon a majority vote of its membership, the legislative
body shall proceed to formulate a zoning ordinance under this act.
Sec. 5. (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 11 or 13 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 14 within a county or township or the right to file a
protest petition concerning a zoning ordinance amendment under
section 16(2) within a city or village.
Sec. 6. (1) In each local unit of government in which the
legislative body exercises the authority conferred by this act,
there shall be a permanent zoning commission.
(2) The zoning commission shall be the planning commission of
the local unit of government if any of the following apply:
(a) For a county, the legislative body has transferred the
powers of the zoning commission to the planning commission under
section 6(2) of 1945 PA 282, MCL 125.106.
(b) For a township, the legislative body has transferred the
powers of the zoning commission to the planning commission under
section 11 of 1959 PA 168, MCL 125.331.
(c) For a city or village, the legislative body has
transferred the powers of the zoning commission to the planning
commission under section 12 of 1931 PA 285, MCL 125.42.
(3) If subsection (2) does not apply, the zoning commission
shall be composed of the following:
(a) For a county, the zoning commission shall be composed of
not fewer than 5 members appointed by the legislative body. Two of
the members of the 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 zoning commissions that exist on
the effective date of this act. The legislative body of the county
may provide by resolution for a zoning commission composed of not
more than 11 members.
(b) For a township, the zoning commission shall be composed of
not fewer than 4 members appointed by the legislative body. The
legislative body may provide by resolution for a zoning commission
composed of not more than 7 members.
(c) For a city or village, the zoning commission shall be
composed of not fewer than 5 members appointed by the legislative
body. The legislative body may provide by resolution for a zoning
commission composed of not more than 7 members.
(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 and without consideration of
their political activities.
(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.
(c) One group for 3 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.
Sec. 7. (1) 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 county,
township, city, or village. Notice shall be given not less than 15
days before the meeting. Any person having interests in the county,
township, city, or village, or his or her duly appointed
representative, shall be heard at the meetings relative to any
matters that should properly come before the zoning commission.
(2) The zoning commission shall elect from its members a
chairperson, a secretary, and other officers or 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. 8. Members of the zoning commission shall be reimbursed
for reasonable expenses actually incurred in the discharge of their
duties and may receive compensation as fixed by the legislative
body.
Sec. 9. The zoning commission shall adopt and file with the
legislative body the following recommendations:
(a) A zone plan for the unincorporated areas of the local unit
of government.
(b) The establishment of zoning districts, including the
boundaries of those districts.
(c) The text of a zoning ordinance with the necessary maps and
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. 10. (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. 11. (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 by publication in a
newspaper of general circulation not less than 15 days before the
date of the hearing.
(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. 12. (1) Following the hearing required in section 9, 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 under section 4 or to
the county planning commission appointed under 1945 PA 282, MCL
125.101 to 125.115.
(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
after receipt of the ordinance by the county.
(4) The legislative body of a county by resolution may waive
the county review of township ordinances and amendments required by
this section.
Sec. 13. (1) Following the required public hearing, the zoning
commission shall transmit a summary of comments received at the
hearing and its proposed zoning ordinance, including any zoning
maps, to the legislative body of the local unit of government. The
legislative body may hold additional public hearings if it
considers it necessary or as may otherwise be required.
(2) Not less than 15 days before the public hearing, notice of
a hearing to be held by the legislative body shall be published in
a newspaper that circulates within the area to be affected by the
proposed ordinance.
(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 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) Subject to section 14, a zoning ordinance for a county or
township 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 and, for a county,
following the approval by the department of labor and economic
growth, 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 11(2).
(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.
(c) The effective date of the ordinance.
(d) The place where and time when a copy of the ordinance may
be purchased or inspected.
(10) The filing and publication requirements in this section
supersede any other statutory requirements relating to the filing
and publication of county, township, city, or village ordinances.
(11) After the adoption of a zoning ordinance by the
legislative body of a county, the ordinance, including zoning maps,
signed by the chairperson of the legislative body and certified by
the county clerk, shall be submitted to the department of labor and
economic growth for approval. Unless the department notifies the
county clerk of its disapproval within 30 days from the date it
receives the zoning ordinance, the ordinance shall be considered
approved. Disapproval of a county zoning ordinance shall be based
upon noncompliance or conflict with either state or federal law or
administrative rule or regulation or a decision of a state or
federal court.
Sec. 14. (1) Within 7 days after publication of a zoning
ordinance by a county or township under section 13, a registered
elector residing in the zoning jurisdiction of the 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 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.
(c) If a petition is filed within 30 days after publication of
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 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 under this section is subject to section 488 of
the Michigan election law, 1954 PA 116, MCL 168.488.
Sec. 15. 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.
Sec. 16. (1) 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 several adjacent properties
are proposed for rezoning, the zoning commission shall give a
notice of the proposed rezoning to the owner of the property in
question, to all persons owning real property within 300 feet of
the property in question, and to the occupants of single- and 2-
family dwellings within 300 feet of the property in question.
(3) The notice required under this section shall be delivered
personally or by mail to the respective owners and tenants at the
address given in the last assessment roll. If the tenant's name is
not known, the term "occupant" may be used. If the notice is
delivered by mail, an affidavit of mailing shall be filed with the
zoning commission before the hearing. The notice shall be made not
less than 15 days before the hearing and shall state the time,
place, date, and purpose of the hearing.
(4) 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.
(5) Publicly owned land shall be excluded in calculating the
20% land area requirement under subsection (4).
Sec. 17. (1) To protect the public health, safety, and general
welfare of the inhabitants of a county or township and the lands
and resources of the county or township during the period required
for the preparation and enactment of a zoning ordinance under this
act, the legislative body of a county or township 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 county shall submit the interim
zoning ordinance, or an amendment to the interim zoning ordinance,
to the department of labor and economic growth for approval. Unless
the department notifies the county clerk of its disapproval within
30 days from the date it receives the zoning ordinance, the
ordinance shall be considered approved. Disapproval of a county
zoning ordinance shall be based upon noncompliance or conflict with
either state or federal law or administrative rule or regulation or
a decision of a state or federal court.
(3) 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. Unless the township clerk is notified of a
disapproval within 30 days from the date the zoning ordinance is
submitted, the ordinance shall be considered approved.
(4) After approval, the legislative body, by majority vote of
its members, may give the interim ordinance or amendments to the
ordinance immediate effect. An interim ordinance and subsequent
amendments shall be filed and published as required under section
13. The interim ordinance, including any amendments, shall be
limited to 1 year from the effective date. The legislative body may
by resolution extend the interim ordinance, and any amendments, for
up to 1 additional year. Any extensions under this subsection shall
not exceed 3 years from the original effective date.
(5) The interim ordinance adopted by a county, including any
amendments, shall be filed with the county clerk and the department
of labor and economic growth.
Sec. 18. (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.
(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. 19. (1) Subject to subsection (4) and section 14, each
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 land owner, with the same number of
dwelling units on a portion of the land specified in the zoning
ordinance, but not more than 50%, that, as determined by the local
unit of government, could otherwise be developed, 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%, 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.
(c) The development does not depend upon the extension of a
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 land owner 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 requirements are met:
(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 land owner, with the same number of dwelling
units on a 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 land owner 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 land owner exercised the
option provided under the zoning ordinance provision referred to in
subdivision (a) with at least 50% of the land area 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.
(c) Has land that is not developed and that is zoned for
residential development at a density described in subsection
(1)(a).
Sec. 20. (1) The legislative body may provide in a zoning
ordinance for special land uses in a zoning district after review
and approval by the zoning commission, the planning commission, an
official charged with administering the zoning ordinance, or the
legislative body. In allowing special land uses, the zoning
ordinance shall specify all of the following:
(a) The special land uses and activities eligible for approval
and the entity or individual responsible for reviewing and granting
approval.
(b) The requirements and standards for approving a request for
a special land use.
(c) The procedures and supporting materials required for the
application, review, and approval of a special land use.
(2) Upon receipt of an application for a special land use, the
local unit of government shall publish notice of the request in a
newspaper of general circulation in the local unit of government.
Notice shall also be sent by mail or personal delivery to the
owners of property for which approval is being considered, 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. 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 special land use request.
(b) Indicate the property that is the subject of the special
land use request.
(c) State when and where the special land use report will be
considered.
(d) Indicate when and where written comments will be received
concerning the request.
(e) 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.
(3) At the initiative of the entity or individual responsible
for approving the special land use or upon the request of the
applicant, a property owner, or the occupant of a structure located
within 300 feet of the property, a public hearing shall be held
before a decision is made on the special land use request.
(4) The entity or individual designated in the zoning
ordinance to review and approve special land uses may deny,
approve, or approve with conditions a request for special land use.
The decision on a special land use shall be incorporated in a
statement of conclusions relative to the special land use which
specifies the basis for the decision and any conditions imposed.
Sec. 21. (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.
(4) The planned unit development regulations established by
the local unit of government shall specify all of the following:
(a) The entity or individual 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.
(c) The procedures required for application, review, and
approval.
(5) Following receipt of a request to approve a planned unit
development, the entity or individual responsible for the review
and approval of planned unit developments 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 20 for public
hearings on a request for a special land use. Within a reasonable
time following the public hearing, the entity or individual
responsible for approving planned unit developments shall meet for
final consideration of the request and deny, approve, or approve
with conditions the request. The entity or individual shall prepare
a report stating its decision and the basis for its decision. 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 subsection
shall be regarded as fulfilling the public hearing and notice
requirements of section 11.
(6) 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 entity or individual
responsible for review and approval may approve, approve with
conditions, or deny a request.
(7) 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.
(8) 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. 22. (1) As used in this section and sections 23 and 24,
"PDR" 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, as provided under this section and
sections 23 and 24. The PDR may be used only to protect
agricultural land and other eligible land. This section and
sections 23 and 24 do not expand the condemnation authority of a
local unit of government as otherwise provided for in this act.
(3) A PDR shall not acquire development rights by
condemnation. This section and sections 23 and 24 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 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 enter into PDR agreements with
other local units of government subject to applicable development
rights ordinances and similar ordinances of the contracting local
units of government.
Sec. 23. (1) A development rights ordinance shall provide for
a PDR. Under a PDR, the local unit of government purchases
development rights, but only from a willing landowner. A
development rights ordinance providing for a PDR 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.
(c) The development rights authorized to be purchased subject
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 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 5 upon which the zoning ordinance is
based.
(3) Development rights acquired under a PDR 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 such 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
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 to apply in the township,
city, or village.
(c) As part of the application procedure for the specific
proposed purchase of development rights, the township, city, or
village provides the county with written approval of the purchase.
Sec. 24. (1) A PDR 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 23(3).
(c) Grants.
(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 by special assessments. In
addition to meeting the requirements of section 23, 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.
Sec. 25. (1) Within a local unit of government exercising the
authority granted by this act, 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. 26. (1) If the zoning ordinance authorizes the
consideration and approval of special land uses or planned unit
developments under section 20 or 21 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.
(c) Be necessary to meet the intent and purpose of the zoning
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. 27. (1) As used in this section, "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.
(2) 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 entity or individual responsible for reviewing
site plans and granting approval.
(3) 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 entity or individual that
initially approved the site plan.
(4) 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 planning documents, other applicable ordinances,
and state and federal statutes.
(5) A site plan shall be approved if it contains the
information required by the zoning ordinance and the conditions
imposed under the zoning ordinance, other local unit of government
planning documents, other applicable ordinances, and state and
federal statutes.
Sec. 28. (1) As used in this section, "improvements" means
those features and actions associated with a project that are
considered necessary by the entity or individual 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.
(2) To insure 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.
(3) 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 1967 PA 288, MCL
560.101 to 560.293.
Sec. 29. (1) 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.
(2) A county or township may levy a sufficient tax, in
addition to other taxes authorized by law, upon the real and
personal property subject to taxation in the county or township.
When the taxes or fees are collected, they shall be applied to the
payment of any indebtedness incurred by the county or township
subject to this act and to no other purpose. The taxes assessed,
levied, and collected under this act shall not cause the limit of
taxes established by law to be exceeded.
Sec. 30. (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.
(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 appointed 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 members, and any alternate members, shall be
selected from the electors of the local unit of government residing
within the zoning jurisdiction of that 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 member may be a member of the legislative body. An
elected officer of the local unit of government 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 is absent from or will be unable to
attend 2 or more consecutive meetings or for a period of more than
30 consecutive days. 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 misconduct 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. 31. (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) All meetings of the zoning board of appeals and all
business that the zoning board of appeals may perform shall be
conducted at a public hearing held in compliance with the open
meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(3) A writing prepared, owned, used, in the possession of, or
retained by the zoning board of appeals in the performance of an
official function shall be made available to the public in
compliance with the freedom of information act, 1976 PA 442, MCL
15.231 to 15.246. 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 and shall be available to the public.
Sec. 32. (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) Decisions by the zoning board of appeals under this
section shall be made as follows:
(a) In a county or township, 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.
(b) In a city or village having a population of less than
750,000, 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 an administrative
official or body in favor of the applicant on a matter upon which
the zoning board of appeals is required to pass under a zoning
ordinance or to grant a variance in a zoning ordinance, except that
a concurring vote of 2/3 of the members of the zoning board of
appeals is necessary to grant a variance from uses of land
permitted in the zoning ordinance.
(c) In a city having a population of 750,000 or more, the
concurring vote of 2/3 of the members of the zoning board of
appeals is necessary to reverse an order, requirement, decision, or
determination of an 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 a zoning ordinance, or to grant a
variance in a zoning ordinance.
Sec. 33. (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 officer or body 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
officer or body 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 officer or body 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) The zoning board of appeals shall fix a reasonable time
for the hearing of the appeal and give notice to all parties
involved in the original decision and to all property owners and
the occupants of single- and 2-family dwellings within 300 feet of
the property at issue. The notice shall be delivered personally or
by mail addressed to the respective owners and occupants at the
address given in the last assessment roll.
(5) 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.
(6) If there are practical difficulties or unnecessary
hardship in the way of carrying out the strict letter of the zoning
ordinance, the zoning board of appeals, in passing upon appeals,
may grant a variance relating to the construction, or structural
changes in, equipment, or alteration of buildings or structures, or
the use of land, buildings, or structures, so that the spirit of
the zoning ordinance is observed, public safety secured, and
substantial justice done. The zoning board of appeals may impose
conditions with an affirmative decision under section 26(2).
Sec. 34. The decision of the zoning board of appeals shall be
final. A person aggrieved by the zoning ordinance may appeal to the
circuit court for the county in which the property is located. Upon
appeal, the circuit court shall review the record and decision of
the zoning board of appeals 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.
(c) Is supported by competent, material, and substantial
evidence on the record.
(d) Represents the reasonable exercise of discretion granted
by law to the zoning board of appeals. If the court finds the
record of the zoning board of appeals inadequate to make the review
required by this section or finds that additional material evidence
exists that with good reason was not presented to the zoning board
of appeals, the court shall order further proceedings before the
zoning board of appeals 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 of the zoning board of appeals.
Sec. 35. (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 18 may obtain a review in the circuit court for
the county in which the property is located.
(2) An application under this section shall be filed within 30
days after delivery of a copy of the order, determination, or
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. 36. Any person required to be given notice under section
33(4) shall be a proper and necessary party to any action for
review instituted under section 35 and shall be given notice
personally or by registered or certified mail of proceedings under
section 12 in the same manner as provided in section 35. If any
person receiving notice under this section fails within 20 days of
receiving that notice to enter an appearance in the court in which
the proceedings were instituted, further notice to that person of
subsequent proceedings is not required and the court may proceed to
determine the issues.
Sec. 37. 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.
Sec. 38. 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. 39. 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. 40. Except as otherwise provided under this act, a
township ordinance enacted under this act is not subject to an
ordinance, rule, or regulation adopted by a county under this act.
Enacting section 1. The following acts and part 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.
(c) The township zoning act, 1943 PA 184, MCL 125.271 to
125.310.