HOUSE BILL No. 5777
May 11, 2000, Introduced by Reps. Jamnick and LaForge 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 23 (MCL 125.223) and by adding section 23c. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 23. (1) The county board of zoning appeals shall fix 2 ESTABLISH a reasonable time for the hearing of the AN appeal 3 UNDER SECTION 20 and give due notice of the appeal to the par- 4 ties, and decide the appeal within a reasonable time. At the 5 hearing, a party may appear in person or by the AN agent or 6 by attorney. The county board of zoning appeals may reverse or 7 affirm, wholly or partly, or may modify the order, requirement, 8 decision, or determination as in its opinion ought to be made in 9 the premises, and to that end AND FOR THAT PURPOSE shall have 10 all the powers of the officer or body from whom the appeal was 11 taken and may issue or direct the issuance of a permit. If there 06181'00 TMV 2 1 are practical difficulties or unnecessary hardship in the way 2 of carrying out the strict letter of the zoning ordinance, the 3 county board of zoning appeals, in passing upon appeals, may vary 4 or modify any of its rules or provisions so that the spirit of 5 the ordinance shall be IS observed, public safety secured, and 6 substantial justice done. 7 (2) The county board of zoning appeals may impose conditions 8 with an affirmative decision, pursuant to section 16d(2). 9 (3) The decision of the county board of zoning appeals 10 shall be IS final. However, SUBJECT TO SECTION 23C, a person 11 having an interest affected by the zoning ordinance has the right 12 to appeal to the circuit court. Upon appeal, the circuit court 13 shall review the record and decision of the county board of 14 zoning appeals to insure ENSURE that the decision meets ALL OF 15 the following requirements: 16 (a) Complies with the state constitution of 1963 and the 17 CONSTITUTION AND laws of this state. 18 (b) Is based upon proper procedure. 19 (c) Is supported by competent, material, and substantial 20 evidence on the record. 21 (d) Represents the reasonable exercise of discretion granted 22 by law to the county board of zoning appeals. 23 (4) (3) If the court finds the record of the county board 24 of zoning appeals inadequate to make the review required by this 25 section, or that there is additional evidence which THAT is 26 material and with good reason was not presented to the county 27 board of zoning appeals, the court shall order further 06181'00 3 1 proceedings before the county board of zoning appeals on 2 conditions which THAT the court considers proper. The county 3 board of zoning appeals may modify its findings and decision as a 4 result of the new proceedings, or may affirm its original 5 decision. The supplementary record and decision shall be filed 6 with the court. 7 (5) (4) As a result of the review required by this 8 section AN APPEAL UNDER SUBSECTION (3), the court may affirm, 9 reverse, or modify the decision of the county board of zoning 10 appeals. 11 SEC. 23C. (1) AN AGREEMENT TO PURCHASE PROPERTY CONTINGENT 12 ON AN ORDER, DETERMINATION, OR DECISION OF AN OFFICER, AGENCY, 13 BOARD, OR COMMISSION, THE COUNTY BOARD OF ZONING APPEALS, OR THE 14 COUNTY BOARD OF COMMISSIONERS UNDER THIS ACT OR UNDER AN ORDI- 15 NANCE ADOPTED UNDER THIS ACT IS NOT A BASIS FOR STANDING IN A 16 JUDICIAL PROCEEDING CHALLENGING SUCH AN ORDER, DETERMINATION, OR 17 DECISION. 18 (2) AN AGREEMENT TO PURCHASE PROPERTY CONTINGENT ON AN 19 AMENDMENT TO AN ORDINANCE ADOPTED UNDER THIS ACT IS NOT A BASIS 20 FOR STANDING IN A JUDICIAL PROCEEDING CHALLENGING AN ORDINANCE 21 ADOPTED UNDER THIS ACT. 06181'00 Final page. TMV