SB-0242, As Passed House, December 11, 2007

SENATE BILL No. 242

February 21, 2007, Introduced by Senator JACOBS and referred to the Committee on Families and Human Services.

A bill to amend 2006 PA 110, entitled

"Michigan zoning enabling act,"

by amending sections 102 and 206 (MCL 125.3102 and 125.3206).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 102. As used in this act:

(a) "Agricultural land" means substantially undeveloped land

devoted to the production of plants and animals useful to humans,

including, but not limited to, forage and sod crops, grains, feed

crops, field crops, dairy products, poultry and poultry products,

livestock, herbs, flowers, seeds, grasses, nursery stock, fruits,

vegetables, Christmas trees, and other similar uses and activities.

(b) "Airport" means an airport licensed by the Michigan

department of transportation, bureau of aeronautics under section

86 of the aeronautics code of the state of Michigan, 1945 PA 327,

MCL 259.86.

plan, or an amendment to a plan, filed with the zoning commission

under section 151 of the aeronautics code of the state of Michigan,

1945 PA 327, MCL 259.151.

(d) "Airport manager" means that term as defined in section 10

2 of the aeronautics code of the state of Michigan, 1945 PA 327,

MCL ~~259.10~~ 259.2.

(e) "Airport zoning regulations" means airport zoning

regulations under the airport zoning act, 1950 (Ex Sess) PA 23, MCL

259.431 to 259.465, for an airport hazard area that lies in whole

or part in the area affected by a zoning ordinance under this act.

(f) "Conservation easement" means that term as defined in

section 2140 of the natural resources and environmental protection

act, 1994 PA 451, MCL 324.2140.

(g) "Coordinating zoning committee" means a coordinating

zoning committee as described under section 307.

(h) "Development rights" means the rights to develop land to

the maximum intensity of development authorized by law.

(i) "Development rights ordinance" means an ordinance, which

may comprise part of a zoning ordinance, adopted under section 308.

(j) "Family ~~day-care~~ child care home" and "group ~~day-care~~

child care home" mean those terms as defined in section 1 of 1973

PA 116, MCL 722.111, and only apply to the bona fide private

residence of the operator of the family or group ~~day-care~~ child

care home.

(k) "Greenway" means a contiguous or linear open space,

including habitats, wildlife corridors, and trails, that links

parks, nature reserves, cultural features, or historic sites with

each other, for recreation and conservation purposes.

(l) "Improvements" means those features and actions associated

with a project that are considered necessary by the body or

official granting zoning approval to protect natural resources or

the health, safety, and welfare of the residents of a local unit of

government and future users or inhabitants of the proposed project

or project area, including roadways, lighting, utilities,

sidewalks, screening, and drainage. Improvements do not include the

entire project that is the subject of zoning approval.

(m) "Intensity of development" means the height, bulk, area,

density, setback, use, and other similar characteristics of

development.

(n) "Legislative body" refers to the county board of

commissioners of a county, the board of trustees of a township, the

council of a city or village, or other similar duly elected

representative body of a county, township, city, or village.

(o) "Local unit of government" means a county, township, city,

or village.

(p) "Other eligible land" means land that has a common

property line with agricultural land from which development rights

have been purchased and is not divided from that agricultural land

by a state or federal limited access highway.

(q) "Population" means the population according to the most

recent federal decennial census or according to a special census

conducted under section 7 of the Glenn Steil state revenue sharing

act of 1971, 1971 PA 140, MCL 141.907, whichever is the more

recent.

(r) "Site plan" includes the documents and drawings required

by the zoning ordinance to insure that a proposed land use or

activity is in compliance with local ordinances and state and

federal statutes.

(s) "State licensed residential facility" means a structure

constructed for residential purposes that is licensed by the state

under the adult foster care facility licensing act, 1979 PA 218,

MCL 400.701 to 400.737, or 1973 PA 116, MCL 722.111 to 722.128, and

provides residential services for 6 or fewer persons under 24-hour

supervision or care.

(t) "Undeveloped state" means a natural state preserving

natural resources, natural features, scenic or wooded conditions,

agricultural use, open space, or a similar use or condition. Land

in an undeveloped state does not include a golf course but may

include a recreational trail, picnic area, children's play area,

greenway, or linear park. Land in an undeveloped state may be, but

is not required to be, dedicated to the use of the public.

(u) "Zoning board" means a county zoning commission created

under the former county zoning act, 1943 PA ~~185~~ 183, ~~MCL 125.201 to~~

~~125.240,~~ or a township zoning board created under the former

township zoning act, 1943 PA 184, ~~MCL 125.271 to 125.310,~~ that

existed on the effective date of this act.

(v) "Zoning commission" means a zoning commission as described

under section 301.

(w) "Zoning jurisdiction" refers to the area encompassed by

the legal boundaries of a city or village or to the area

encompassed by the legal boundaries of a county or township outside

the limits of incorporated cities and villages. The zoning

jurisdiction of a county does not include the areas subject to

township zoning by a township that has adopted a zoning ordinance

under this act.

Sec. 206. (1) Except as otherwise provided in subsection (2),

a state licensed residential facility shall be considered a

residential use of property for the purposes of zoning and a

permitted use in all residential zones and is not subject to a

special use or conditional use permit or procedure different from

those required for other dwellings of similar density in the same

zone.

(2) Subsection (1) does not apply to adult foster care

facilities licensed by a state agency for care and treatment of

persons released from or assigned to adult correctional

institutions.

(3) For a county or township, a family ~~day-care~~ child care

home is considered a residential use of property for the purposes

of zoning and a permitted use in all residential zones and is not

subject to a special use or conditional use permit or procedure

different from those required for other dwellings of similar

density in the same zone.

(4) For a county or township, a group ~~day-care~~ child care home

shall be issued a special use permit, conditional use permit, or

other similar permit if the group ~~day-care~~ child care home meets

all of the following standards:

(a) Is located not closer than 1,500 feet to any of the

following:

(i) Another licensed group ~~day-care~~ child care home.

(ii) ~~Another~~ An adult foster care small group home or large

group home licensed under the adult foster care facility licensing

act, 1979 PA 218, MCL 400.701 to 400.737.

(iii) A facility offering substance abuse treatment and

rehabilitation service to 7 or more people licensed under article 6

of the public health code, 1978 PA 368, MCL 333.6101 to 333.6523.

(iv) A community correction center, resident home, halfway

house, or other similar facility which houses an inmate population

under the jurisdiction of the department of corrections.

(b) Has appropriate fencing for the safety of the children in

the group ~~day-care~~ child care home as determined by the local unit

of government.

characteristics of the neighborhood.

(d) Does not exceed 16 hours of operation during a 24-hour

period. The local unit of government may limit but not prohibit the

operation of a group ~~day-care~~ child care home between the hours of

10 p.m. and 6 a.m.

(e) Meets regulations, if any, governing signs used by a group

~~day-care~~ child care home to identify itself.

(f) Meets regulations, if any, requiring a group ~~day-care~~

child care home operator to provide off-street parking

accommodations for his or her employees.

(5) For a city or village, a group ~~day-care~~ child care home

may be issued a special use permit, conditional use permit, or

other similar permit.

(6) A licensed or registered family or group ~~day-care~~ child

care home that operated before March 30, 1989 is not required to

comply with the requirements of this section.

(7) The requirements of this section shall not prevent a local

unit of government from inspecting and enforcing a family or group

~~day-care~~ child care home for the home’s compliance with the local

unit of government’s zoning ordinance. For a county or township, an

ordinance shall not be more restrictive for a family or group ~~day-~~

~~care~~ child care home than as provided under 1973 PA 116, MCL

722.111 to 722.128.

(8) The subsequent establishment of any of the facilities

listed under subsection (4)(a) will not affect any subsequent

special use permit renewal, conditional use permit renewal, or

other similar permit renewal pertaining to the group ~~day-care~~ child

care home.

(9) The requirements of this section shall not prevent a local

unit of government from issuing a special use permit, conditional

use permit, or other similar permit to a licensed or registered

group ~~day-care~~ child care home that does not meet the standards

listed under subsection (4).

(10) The distances required under subsection (4)(a) shall be

measured along a road, street, or place maintained by this state or

a local unit of government and generally open to the public as a