HOUSE BILL No. 5565

 

January 19, 2006, Introduced by Reps. Kolb, Alma Smith, Tobocman and Gleason and referred to the Committee on Local Government and Urban Policy.

 

     A bill to amend 1943 PA 184, entitled

 

"Township zoning act,"

 

by amending section 1 (MCL 125.271), as amended by 1996 PA 47.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. (1) The township board of  an organized township in

 

this state may provide by zoning ordinance for the regulation of

 

land development and the establishment of districts  a township may

 

adopt a zoning ordinance regulating the use of land and structures

 

in the portions of the township outside the limits of cities and

 

villages  which regulate the use of land and structures; to  for 1

 

or more of the following purposes:

 

     (a) 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

 

insure that use of the land shall be

 

     (b) To ensure that uses of the land are situated in

 

appropriate locations and relationships.  ; to

 

     (c) To limit the inappropriate overcrowding of land and

 

congestion of population, transportation systems, and other public

 

facilities.  ; to

 

     (d) To facilitate adequate and efficient  provision for  

 

transportation systems, sewage disposal, and water, energy,

 

education, recreation, and other public  service and facility

 

requirements; and to  services and facilities.

 

     (e) To promote public health, safety, and welfare.  For these

 

purposes, the township board may divide the township into districts

 

of such number, shape, and area as it considers best suited to

 

carry out this act.

 

     (2) The township board  of an organized township may use this

 

act to  may also provide by a zoning ordinance for the regulation

 

of land development and the establishment of districts  which  that

 

apply only to land areas and activities  which are  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.  , and

 

for that purpose

 

     (3) A zoning ordinance may divide the township into districts

 

of a number, shape, and area considered by the township board to be

 

best suited to accomplish  those objectives. Ordinances regulating

 


land development may also be adopted designating or limiting  the

 

purposes set forth in subsection (1) or (2). A zoning ordinance may

 

also designate or limit the location, the height, number of

 

stories, and size of dwellings, buildings, and other structures

 

that may be erected or altered, including tents and trailer

 

coaches, and the specific uses for which dwellings, buildings, and

 

other structures, including tents and trailer coaches, may be

 

erected or altered; the area of yards, courts, and other open

 

spaces, and the sanitary, safety, and protective measures that

 

shall be required for the dwellings, buildings, and other

 

structures, including tents and trailer coaches; and the maximum

 

number of families  which  that may be housed in buildings,

 

dwellings, and other structures, including tents and trailer

 

coaches, erected or altered. The provisions shall be uniform for

 

each class of land or buildings, dwellings, and other structures,

 

including tents and trailer coaches, throughout each district, but

 

the provisions  in  applicable to 1 district may differ from those  

 

in  applicable to other districts. The zoning ordinance may provide

 

for a mix of land uses and activities in a district or may provide

 

for the separation of different land uses and activities in

 

different districts, or both.

 

     (4) A township board shall not regulate or control the

 

drilling, completion, or operation of an oil or gas  wells,  well

 

or any other  wells  well drilled for oil or gas exploration

 

purposes and  shall  does not have jurisdiction  with reference to  

 

over the issuance of permits for the location, drilling,

 

completion, operation, or abandonment of those wells.  The

 


jurisdiction relative to  Jurisdiction over those wells  shall be  

 

is vested exclusively in the supervisor of wells of this state, as

 

provided in part 615  (supervisor of wells)  of the natural

 

resources and environmental protection act,  Act No. 451 of the

 

Public Acts of 1994, being sections 324.61501 to 324.61527 of the

 

Michigan Compiled Laws  1994 PA 451, MCL 324.61501 to 324.61527.

 

     (5)  (2)  An ordinance adopted pursuant to this act is subject

 

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

 

MCL 460.561 to 460.575.