HOUSE BILL No. 4479

March 20, 2007, Introduced by Reps. Young, Hammon, Lahti, McDowell and Accavitti and referred to the Committee on Intergovernmental, Urban and Regional Affairs.

 

     A bill to allow inclusionary zoning; to prescribe the powers

 

and duties of certain local agencies and officials; and to provide

 

certain restrictions for dwelling units built within the

 

inclusionary zone.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the

 

"inclusionary zoning act".

 

     Sec. 2. As used in this act:

 

     (a) "Affordable dwelling unit" means a dwelling unit which is

 

appropriately priced for either of the following:

 

     (i) Sale to any person or family whose income does not exceed

 

80% of the median family income for the local area, with

 

adjustments for family size, according to the latest figures

 

available from the United States department of housing and urban


 

development.

 

     (ii) Rent to any person or family whose income does not exceed

 

60% of the median family income for the local area, with

 

adjustments for family size, according to the latest figures

 

available from the United States department of housing and urban

 

development.

 

     (b) "Inclusionary zoning" means a zoning regulation,

 

requirement, or condition of development, imposed by ordinance or

 

regulation, or pursuant to any special permit, special exception,

 

or subdivision plan, that promotes the development of affordable

 

dwelling units.

 

     Sec. 3. (1) A local unit of government may use inclusionary

 

zoning to increase the availability of affordable dwelling units

 

within its jurisdiction.

 

     (2) If a local unit of government requires a developer to

 

construct 1 or more affordable dwelling units under this act, the

 

local unit of government may grant to the developer permission to

 

construct a total number of units in excess of the number allowed

 

by applicable density limits.

 

     (3) A local unit of government may enter into agreements with

 

developers to restrict rent or sale prices for properties

 

designated as affordable dwelling units.

 

     Sec. 4. To qualify for inclusionary zoning, an affordable

 

dwelling unit shall remain affordable for at least 10 years, but

 

not more than 50 years, after development.