September 21, 2005, Introduced by Reps. Tobocman, Kathleen Law, Hopgood, Bieda, Clemente, Kolb, Murphy, Cheeks and Lemmons, III and referred to the Committee on Local Government and Urban Policy.
A bill to amend 1921 PA 207, entitled
"City and village zoning act,"
by amending section 3a (MCL 125.583a).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3a. (1) The lawful use of land or a structure exactly as
the land or structure existed at the time of the enactment of the
zoning ordinance affecting that land or structure ,
may be
continued, except as otherwise provided in this act, although that
use or structure does not conform with the ordinance.
(2)
The legislative body zoning
ordinance may provide by
ordinance
for the resumption, restoration,
reconstruction,
extension,
or substitution of nonconforming uses or structures
upon
terms and conditions provided in the ordinance. In
establishing
terms for the resumption, restoration, reconstruction,
extension,
or substitution of nonconforming uses or structures or
for the termination or removal of nonconforming uses and structures
after a period of amortization. For the purposes of this section,
different classes of nonconforming use may be established in the
ordinance with different regulations applicable to each class.
(3) In addition to the power granted in this section, a city
or village may acquire by purchase, condemnation, or otherwise
private property or an interest in private property for the removal
of nonconforming uses and structures, except that the property
shall not be used for public housing. The legislative body may
provide
that the cost and expense of acquiring
private property
be
paid from general funds, or the cost and expense or a portion
thereof be assessed to a special district. The elimination of
nonconforming uses and structures in a zoned district as provided
in
this act is declared to be for a public purpose and for a
public use. The legislative body may institute and prosecute
proceedings for the condemnation of nonconforming uses and
structures
under the power of eminent domain
in accordance with
the
provisions of a city or village charter relative to
condemnation
or in accordance with Act No. 149 of the Public Acts
of
1911, as amended, being sections 213.21 to 213.41 of the
Michigan
Compiled Laws pursuant to the uniform condemnation
procedures act, 1980 PA 87, MCL 213.51 to 213.75, or any other
applicable
statute law.