SB-0036, As Passed House, November 14, 2013

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 36

     A bill to amend 2006 PA 110, entitled

"Michigan zoning enabling act,"

by amending section 406 (MCL 125.3406).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 406. (1) The legislative body may require the payment of

charge reasonable fees for zoning permits as a condition to the of

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 zoning ordinance adopted by a city may provide that a

person is not eligible to apply for a rezoning, site plan approval,

special land use approval, planned unit development approval,

variance, or other zoning authorization if the person is delinquent

in paying a civil fine, costs, or a justice system assessment

imposed by an administrative hearings bureau established in that

city pursuant to section 4q of the home rule city act, 1909 PA 279,

MCL 117.4q.

     (3) A zoning ordinance provision adopted under subsection (2)

does not apply to an applicant for a zoning authorization if the

applicant became the owner of the property by foreclosure or by

taking a deed in lieu of foreclosure and is 1 of the following:

     (a) A government-sponsored enterprise. As used in this

subdivision, "government-sponsored enterprise" means that term as

defined in 2 USC 622(8), or the Michigan state housing development

authority created under the state housing development authority act

of 1966, 1966 PA 346, MCL 125.1401 to 125.1499c.

     (b) A financial institution. As used in this subdivision,

"financial institution" means that term as defined in section 4(c)

of the Michigan strategic fund act, 1984 PA 270, MCL 125.2004.

     (c) A mortgage servicer, as that term is defined in section 1a

of the mortgage brokers, lenders, and servicers licensing act, 1987

PA 173, MCL 445.1651a, that is subject to the mortgage brokers,

lenders, and servicers licensing act, 1987 PA 173, MCL 445.1651 to

445.1684.

     (d) A credit union service organization that is organized

under the laws of this state or the United States.

     (4) Subsection (2) does not apply to a zoning authorization if

the authorization will correct, in whole or in part, the blight

violation that was the subject of the delinquent payment referred

to in subsection (2).