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 183, entitled
"County zoning act,"
by amending section 1 (MCL 125.201), as amended by 1996 PA 46.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
1. (1) The county board of commissioners of a county in
this
state may provide by zoning ordinance for the establishment of
land
development regulations and districts may adopt a zoning
ordinance regulating the use of land and structures in the portions
of
the county outside the limits of cities and villages which
regulate
the use of land; 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 uses of the land shall be
(b) To ensure that uses of land are situated in appropriate
locations
and relationships. ; to
(c) To limit the inappropriate congestion of population and
the overcrowding of land, transportation systems, and other public
facilities. ;
to
(d) To facilitate adequate and efficient transportation
systems, sewage disposal, and water, energy, education, recreation,
and
other public service and facility needs; and to services and
facilities.
(e)
To promote public health, safety, and
welfare. For those
purposes
the county board of commissioners may divide the county
into
districts of a number, shape, and area as is considered best
suited
to carry out this act.
(2)
The county board of commissioners of
a county may use
this
act to may also provide by a
zoning ordinance for the
establishment
regulation of land development regulations and the
establishment of districts in the portions of the county outside
the
limits of cities and villages 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 establishment of land
development
regulations and districts in areas subject to damage
from
flooding or beach erosion. , and for those purposes
(3) A zoning ordinance may divide the county into districts of
a
number, shape, and area as is considered by
the county board of
commissioners
to be best suited to accomplish those
objectives.
Land
development regulations 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, size of, and
the specific uses for which a dwelling, building, or other
structure may be erected or altered; the minimum open spaces,
sanitary, safety, and protective measures that shall be required
for those dwellings, buildings, and other structures; and the
maximum
number of families which that
may be housed in a building
or
dwelling erected or altered. The regulations provisions shall
be uniform for each class of land or buildings throughout each
district,
but the regulations in provisions 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 county board of commissioners may
shall not under this
act, or under an ordinance adopted pursuant to this act, regulate
or control the drilling, completion, or operation of an oil or gas
well, or any other 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. Jurisdiction
over
those wells shall be is vested exclusively in
the supervisor
of
wells of the 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.