July 18, 2007, Introduced by Reps. Byrum, Simpson, Miller, LeBlanc, Hood, Virgil Smith, Polidori, Brown and Pastor and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
A bill to amend 2006 PA 110, entitled
"Michigan zoning enabling act,"
by amending sections 102, 103, 202, 208, 301, 401, 601, 604, 606,
and 702 (MCL 125.3102, 125.3103, 125.3202, 125.3208, 125.3301,
125.3401, 125.3601, 125.3604, 125.3606, and 125.3702).
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.
(c) "Airport approach plan" and "airport layout plan" mean a
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
508.
(j) "Family day-care home" and "group day-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 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 means the county board of
commissioners of a county, the board of trustees of a township, or
the
council of a city or village, or other similar duly elected
representative
governing 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) "Person" means an individual, partnership, corporation,
association, governmental entity, or other legal entity.
(r) (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.
(s) (r)
"Site plan" includes the
documents and drawings
required
by the zoning ordinance to insure ensure that a proposed
land use or activity is in compliance with local ordinances and
state and federal statutes.
(t) (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
individuals under 24-hour supervision or care.
(u) (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 county zoning act, 1943 PA 185, MCL 125.201 to 125.240,
or
a township zoning board created under the 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 means 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
township zoning
ordinance. under
this act.
Sec. 103. (1) Except as otherwise provided under this act, if
a
local unit of government is required to provide notice and
conducts a public hearing under this act, the local unit of
government
shall publish notice of the request in a newspaper of
general circulation in the local unit of government not less than
15 days before the date of the hearing.
(2)
Notice shall also be sent by mail or personal delivery
required under this act shall be given as provided under subsection
(3)
to the owners of property for which
approval is being
considered
that is the subject of the
request. Notice shall also be
sent
given as provided under
subsection (3) to all persons to whom
real property is assessed within 300 feet of the property that is
the subject of the request and to the occupants of all structures
within 300 feet of the subject property regardless of whether the
property
or occupant structure is located in the zoning
jurisdiction. Notification need not be given to more than 1
occupant of a structure, except that if a structure contains more
than 1 dwelling unit or spatial area owned or leased by different
persons, 1 occupant of each unit or spatial area shall be given
notice. If a single structure contains more than 4 dwelling units
or other distinct spatial areas owned or leased by different
persons, notice may be given to the manager or owner of the
structure, who shall be requested to post the notice at the primary
entrance
to the structure.
(3)
The notice shall under
subsection (2) is considered to be
given when personally delivered or when deposited for delivery with
the United States postal service or other public or private
delivery service. The notice shall be given not less than 15 days
before
the date the application request
will be considered. for
approval.
If the name of the occupant is not
known, the term
"occupant"
may be used in making notification under this subsection
for
the intended recipient of the notice. The
(4) A notice under this section shall do all of the following:
(a) Describe the nature of the request.
(b) Indicate the property that is the subject of the request.
The notice shall include a listing of all existing street addresses
within the property. Street addresses do not need to be created and
listed if no such addresses currently exist within the property. If
there are no street addresses, other means of identification may be
used.
(c) State when and where the request will be considered.
(d) Indicate when and where written comments will be received
concerning the request.
Sec. 202. (1) The legislative body of a local unit of
government may provide by ordinance for the manner in which the
regulations and boundaries of districts or zones shall be
determined
and enforced or amended, supplemented, or changed, or
otherwise
amended. Amendments or supplements to
the zoning
ordinance
shall be made adopted in the same manner as provided
under
this act for the enactment adoption
of the original
ordinance.
(2)
If an individual property or 10 or fewer adjacent
properties
are proposed for rezoning Except
as provided in
subsection
(3), the zoning commission shall give a
notice of the a
proposed rezoning in the same manner as required under section 103.
(3)
If 11 or more For any
group of adjacent properties are
numbering
11 or more that is proposed for
rezoning, the zoning
commission
shall give a notice of the proposed rezoning in the same
manner
as required under section 103, except for the requirement of
section
103(2) and except that no individual addresses of
properties
are required to be listed under section 103(3)(b) the
requirements of section 103(2) and the requirement of section
103(4)(b) that street addresses be listed do not apply to that
group of adjacent properties.
(4) An amendment to a zoning ordinance by a city or village is
subject to a protest petition under section 403.
(5)
An amendment for the purpose of conforming to conform a
provision of the zoning ordinance to the decree of a court of
competent jurisdiction as to any specific lands may be adopted by
the legislative body and the notice of the adopted amendment
published without referring the amendment to any other board or
agency provided for under this act.
Sec. 208. (1) If the use of a dwelling, building, or structure
or of the land is lawful at the time of enactment of a zoning
ordinance or an amendment to a zoning ordinance, then that exact
use
may be continued although the use does not conform to the
provisions
of the zoning ordinance or
amendment.
(2)
The legislative body may provide in a A zoning ordinance
may provide for the completion, resumption, restoration,
reconstruction, extension, or substitution of nonconforming uses or
structures upon terms and conditions provided in the zoning
ordinance. In
establishing terms for the completion, resumption,
restoration,
reconstruction, extension, or substitution of
nonconforming
uses or structures, The
zoning ordinance may
establish
different classes of nonconforming uses
may be
established
in the zoning ordinance with
different requirements
applicable to each class.
(3) The legislative body may acquire, by purchase,
condemnation, or otherwise, private property or an interest in
private property for the removal of nonconforming uses and
structures. The legislative body may provide that the cost and
expense
of acquiring private property may be paid from general
funds or assessed to a special district in accordance with the
applicable statutory provisions relating to the creation and
operation of special assessment districts for public improvements
in local units of government. Property acquired under this
subsection by a city or village shall not be used for public
housing.
(4) The elimination of the nonconforming uses and structures
in a zoning district is declared to be for a public purpose and for
a public use. The legislative body may institute proceedings for
condemnation of nonconforming uses and structures under 1911 PA
149, MCL 213.21 to 213.25.
Sec. 301. (1) Each local unit of government in which the
legislative body exercises authority under this act shall create a
zoning
commission . unless
1 of the following applies:
(a)
A zoning board in existence on the
effective date of this
act
may county zoning commission
created under former 1943 PA 183,
a township zoning board created under former 1943 PA 184, or a city
or village zoning commission created under former 1921 PA 207 was
in existence in the local unit of government as of June 30, 2006.
Unless abolished by the legislative body, that existing board or
commission shall continue as and exercise the powers and perform
the duties of a zoning commission under this act, subject to a
transfer
of power under subsection (2). or until 5 years from the
effective
date of this act, whichever is earlier.
(b)
A planning commission exercising the
authority of a zoning
board
before the effective date of this act may was, as of June 30,
2006, in existence in the local unit of government and pursuant to
the applicable planning enabling act exercising the powers and
performing the duties of a county zoning commission created under
former 1943 PA 185, of a township zoning board created under former
1943 PA 184, or of a city or village zoning commission created
under former 1921 PA 207. Unless abolished by the legislative body,
that
existing planning commission shall continue
to and exercise
that
authority subject to the
powers and perform the duties of a
zoning commission under this act.
(c) The local unit of government has created a planning
commission on or after July 1, 2006 and transferred the powers and
duties of a zoning commission to the planning commission pursuant
to the applicable planning enabling act.
(2) Except as otherwise provided under this subsection, if the
legislative
body has transferred the powers and duties of the
zoning commission have been transferred to the planning commission
as
provided by law, the zoning planning
commission shall be the
planning
function as the zoning commission of the local unit of
government.
The By July 1, 2011, the legislative body shall have 5
years
from the effective date of this act to transfer the powers
and duties of the zoning commission to the planning commission.
Except
as provided under this subsection, 5 years after the
effective
date of this act beginning
July 1, 2011, the a zoning
commission
shall not have any authority commission's
powers or
duties under this act or an ordinance adopted under this act shall
only be exercised or performed by a planning commission.
(3)
If a zoning commission is created on
or after the
effective
date of this act July 1, 2006, the zoning commission
shall be created by resolution and be composed of not fewer than 5
or
more than 11 members appointed by the legislative body. Not less
fewer than 2 of the members of a county zoning commission shall be
recommended for membership by the legislative bodies of townships
that
are, or shall will be, subject to the county zoning ordinance.
This requirement may be met as vacancies occur on a county zoning
commission
that existed on the effective date of this act June 30,
2006.
(4)
The members of the a zoning commission shall be selected
upon the basis of the members' qualifications and fitness to serve
as members of a zoning commission.
(5) The first zoning commission appointed under subsection (3)
shall be divided as nearly as possible into 3 equal groups, with
terms of each group as follows:
(a) One group for 1 year.
(b) One group for 2 years.
(c) One group for 3 years.
(6) Upon the expiration of the terms of the members first
appointed,
successors shall be appointed in like the same manner
for terms of 3 years each. A member of the zoning commission shall
serve until a successor is appointed and has been qualified.
(7)
A vacancy on a zoning commission shall be filled in the
same
manner as is provided under this section for the remainder of
the unexpired term in the same manner as the original appointment.
(8)
An elected officer of the a
local unit of government or an
employee
of the legislative body shall not
serve simultaneously as
a member or an employee of the zoning commission of that local unit
of
government, except that 1 member of
the zoning commission may be
a
member of the legislative body may be a member of the zoning
commission.
(9) The legislative body shall provide for the removal of a
member
of the a zoning commission for misfeasance, malfeasance, or
nonfeasance in office upon written charges and after public
hearing.
(10)
The A zoning commission shall elect from its members a
chairperson,
a secretary, and other officers or and establish such
committees it considers necessary and may engage any employees,
including for technical assistance, it requires. The election of
officers shall be held not less than once in every 2-year period.
Sec. 401. (1) After receiving a zoning ordinance under section
308(1)
or an amendment under section sections
202 and 308(1), the
legislative body may hold a public hearing if it considers it
necessary
or as may if otherwise be required.
(2)
Notice of the a public hearing to be held by the
legislative body shall be given in the same manner as required
under section 103(1) for the initial adoption of a zoning ordinance
or
section 202 for any other zoning text or map amendments.
(3) The legislative body may refer any proposed amendments to
the zoning commission for consideration and comment within a time
specified by the legislative body.
(4)
The legislative body shall grant a hearing on a proposed
ordinance
provision provide an
opportunity to be heard before the
legislative
body to a an interested property owner who requests a
hearing
such an opportunity by certified mail, addressed to the
clerk of the legislative body.
(5)
After the public hearing held as allowed under this
section
any proceedings under
subsections (1) to (4), the
legislative body shall consider and vote upon the adoption of a
zoning ordinance, with or without amendments. A zoning ordinance
and any amendments shall be approved by a majority vote of the
members of the legislative body.
(6) Except as otherwise provided under section 402, a zoning
ordinance shall take effect upon the expiration of 7 days after
publication as required by this section or at such later date after
publication as may be specified by the legislative body or charter.
(7)
Following adoption of a zoning ordinance and or any
subsequent amendments by the legislative body, the zoning ordinance
or subsequent amendments shall be filed with the clerk of the
legislative body, and a notice of ordinance adoption shall be
published in a newspaper of general circulation in the local unit
of government within 15 days after adoption.
(8) A copy of the notice required under subsection (7) shall
be mailed to the airport manager of an airport entitled to notice
under section 306.
(9) The notice required under this section shall include all
of the following information:
(a) In the case of a newly adopted zoning ordinance, the
following statement: "A zoning ordinance regulating the development
and use of land has been adopted by the legislative body of the
[county, township, city, or village] of __________.".
(b) In the case of an amendment to an existing zoning
ordinance, either a summary of the regulatory effect of the
amendment, including the geographic area affected, or the text of
the amendment.
(c) The effective date of the ordinance or amendment.
(d) The place where and time when a copy of the ordinance or
amendment may be purchased or inspected.
(10) The filing and publication requirements under this
section supersede any other statutory or charter requirements
relating to the filing and publication of county, township, city,
or village ordinances.
Sec. 601. (1) In each local unit of government in which the
legislative body exercises the authority conferred by this act, the
legislative body shall appoint a zoning board of appeals by
majority vote of the members of the legislative body serving. A
zoning
board of appeals in existence on the effective date of this
act
June 30, 2006 may continue to act as the zoning board of
appeals subject to this act.
(2) The legislative body of a city or village may act as a
zoning board of appeals and may establish rules to govern its
procedure as a zoning board of appeals.
(3)
In appointing a A zoning board of appeals ,
membership of
that
board shall be composed of not
fewer than 5 members if the
local
unit of government has a population of 5,000 or more and or
not fewer than 3 members if the local unit of government has a
population of less than 5,000. The number of members of the zoning
board of appeals shall be specified in the zoning ordinance.
(4) One In
a county or township, 1 of the regular
members of
the zoning board of appeals shall be a member of the zoning
commission, or
of the planning commission if the duties and
responsibilities
of the zoning commission have been transferred to
the planning commission is functioning as the zoning commission. In
a city or village, 1 of the regular members of the zoning board of
appeals may be a member of the zoning commission, or of the
planning commission if the planning commission is functioning as
the zoning commission, unless the legislative body acts as the
zoning board of appeals under subsection (2). A decision made by a
city or village zoning board of appeals before the effective date
of the 2007 amendatory act that amended this section is not
invalidated by the failure of the zoning board of appeals to
include a member of the city or village zoning commission or
planning commission, as was required by this subsection before that
amendatory act took effect.
(5) (4)
The remaining regular members of a zoning board of
appeals, and any alternate members under subsection (7), shall be
selected from the electors of the local unit of government residing
within the zoning jurisdiction of that local unit of government or,
in the case of a county, residing within the county but outside of
any city or village. The members selected shall be representative
of the population distribution and of the various interests present
in the local unit of government.
(6) (5)
One Subject to subsection
(2), 1 regular member of a
zoning board of appeals may be a member of the legislative body.
but
Such a member shall not serve as chairperson of the zoning
board of appeals. An employee or contractor of the legislative body
may not serve as a member of the zoning board of appeals.
(7) (6)
The legislative body may appoint to the zoning board
of appeals not more than 2 alternate members for the same term as
regular
members. to the zoning board of appeals. An alternate
member may be called as specified in the zoning ordinance to serve
as a member of the zoning board of appeals in the absence of a
regular member if the regular member will be unable to attend 1 or
more meetings. An alternate member may also be called to serve as a
member for the purpose of reaching a decision on a case in which
the member has abstained for reasons of conflict of interest. The
alternate member appointed shall serve in the case until a final
decision
is made. The An alternate member serving on the zoning
board
of appeals has the same voting rights
as a regular member. of
the
zoning board of appeals.
(8) (7)
A member of the zoning board of
appeals may be paid a
reasonable per diem and reimbursed for expenses actually incurred
in the discharge of his or her duties.
(9) (8)
A member of the zoning board of
appeals may be removed
by the legislative body for misfeasance, malfeasance, or
nonfeasance in office upon written charges and after a public
hearing. A member shall disqualify himself or herself from a vote
in which the member has a conflict of interest. Failure of a member
to disqualify himself or herself from a vote in which the member
has a conflict of interest constitutes malfeasance in office.
(10) (9)
The terms of office for members
appointed to the
zoning board of appeals shall be for 3 years and until a successor
has been appointed and qualified, except for members serving
because of their membership on the zoning commission or legislative
body, whose terms shall be limited to the time they are members of
those bodies. When members are first appointed, the appointments
may be for less than 3 years to provide for staggered terms. A
successor shall be appointed not more than 1 month after the term
of the preceding member has expired.
(11) Vacancies for unexpired terms A vacancy on the zoning
board of appeals shall be filled for the remainder of the unexpired
term in the same manner as the original appointment.
(12) (10)
A zoning board of appeals shall not
conduct business
unless a majority of the regular members of the zoning board of
appeals are present.
(13) A member of a zoning board of appeals who is also a
member of a zoning commission or planning commission shall not
participate in a public hearing on or vote on the same matter that
the member voted on as a member of the zoning commission or
planning commission. However, the member may consider and vote on
other unrelated matters involving the same property.
Sec. 604. (1) An appeal to the zoning board of appeals may be
taken by a person aggrieved or by an officer, department, board, or
bureau
of the this state or the
local unit of government. In
addition, a variance in the zoning ordinance may be applied for and
granted under section 4 of the uniform condemnation procedures act,
1980 PA 87, MCL 213.54, and as provided under this act. The zoning
board of appeals shall state the grounds of any determination made
by the board.
(2) An appeal under this section shall be taken within such
time
as shall be prescribed by the zoning board of appeals by
general
rule, by the filing with the body
or officer from whom the
appeal
is taken and with the zoning board of appeals of a notice of
appeal specifying the grounds for the appeal. The body or officer
from whom the appeal is taken shall immediately transmit to the
zoning board of appeals all of the papers constituting the record
upon which the action appealed from was taken.
(3) An appeal to the zoning board of appeals stays all
proceedings
in furtherance of the action appealed. from unless
However, if the body or officer from whom the appeal is taken
certifies to the zoning board of appeals after the notice of appeal
is filed that, by reason of facts stated in the certificate, a stay
would in the opinion of the body or officer cause imminent peril to
life
or property, in which case proceedings may be stayed only
by a
restraining order issued by the zoning board of appeals or a
circuit court.
(4)
Following receipt of a written request concerning a
request
for a variance, the zoning board of
appeals shall fix a
reasonable time for the hearing of the request and give notice as
provided in section 103.
(5)
Upon receipt of If the
zoning board of appeals receives a
written request seeking an interpretation of the zoning ordinance
or
an appeal of an administrative decision, a notice stating the
time,
date, and place of the public hearing shall be published in a
newspaper
of general circulation within the township and shall be
sent
to the person requesting the interpretation not less than 15
days
before the public hearing. In addition, if the request for an
interpretation
or appeal of an administrative decision involves a
specific
parcel, written notice stating the nature of the
interpretation
request and the time, date, and place of the public
hearing
on the interpretation request shall be sent by first-class
mail
or personal delivery to all persons to whom real property is
assessed
within 300 feet of the boundary of the property in
question
and to the occupants of all structures within 300 feet of
the
boundary of the property in question. If a tenant's name is not
known,
the term "occupant" may be used. the zoning board of appeals
shall conduct a public hearing on the request. Notice shall be
given as required under section 103. However, if the request does
not involve a specific parcel of property, notice need only be
published as provided in section 103(1) and given to the person
making the request as provided in section 103(3).
(6)
At the a hearing
under subsection (5), a party may
appear
in
person personally or by agent or attorney. The zoning board of
appeals may reverse or affirm, wholly or partly, or modify the
order, requirement, decision, or determination and may issue or
direct the issuance of a permit.
(7) If there are practical difficulties for nonuse variances
as provided in subsection (8) or unnecessary hardship for use
variances as provided in subsection (9) in the way of carrying out
the strict letter of the zoning ordinance, the zoning board of
appeals may grant a variance in accordance with this section, so
that the spirit of the zoning ordinance is observed, public safety
secured, and substantial justice done. The ordinance shall
establish procedures for the review and standards for approval of
all types of variances. The zoning board of appeals may impose
conditions
as is otherwise allowed under this act.
(8) The zoning board of appeals of all local units of
government
shall have the authority to may
grant nonuse variances
relating to the construction, structural changes, or alteration of
buildings or structures related to dimensional requirements of the
zoning ordinance or to any other nonuse-related standard in the
ordinance.
(9) The authority to grant variances from uses of land is
limited to the following:
(a) Cities and villages.
(b) Townships and counties that as of February 15, 2006 had an
ordinance that uses the phrase "use variance" or "variances from
uses of land" to expressly authorize the granting of use variances
by the zoning board of appeals.
(c) Townships and counties that granted a use variance before
February 15, 2006.
(10) The authority granted under subsection (9) is subject to
the zoning ordinance of the local unit of government otherwise
being in compliance with subsection (7) and having an ordinance
provision that requires a vote of 2/3 of the members of the zoning
board of appeals to approve a use variance.
(11) The authority to grant use variances under subsection (9)
is
permissive, and this section shall not be construed to does not
require a local unit of government to adopt ordinance provisions to
allow for the granting of use variances.
Sec. 606. (1) Any party aggrieved by a decision of the zoning
board of appeals may appeal to the circuit court for the county in
which the property is located. The circuit court shall review the
record and decision to ensure that the decision meets all of the
following requirements:
(a) Complies with the constitution and laws of the state.
(b) Is based upon proper procedure.
(c) Is supported by competent, material, and substantial
evidence on the record.
(d) Represents the reasonable exercise of discretion granted
by law to the zoning board of appeals.
(2) If the court finds the record inadequate to make the
review required by this section or finds that additional material
evidence exists that with good reason was not presented, the court
shall order further proceedings on conditions that the court
considers proper. The zoning board of appeals may modify its
findings and decision as a result of the new proceedings or may
affirm the original decision. The supplementary record and decision
shall be filed with the court. The court may affirm, reverse, or
modify the decision.
(3)
An appeal under this section from
a decision of a county
or township zoning board of appeals shall be filed within 30 days
after
the zoning board of appeals certifies issues its decision in
writing signed by the chairperson, if there is a chairperson, or
signed by the members of the zoning board of appeals, if there is
no chairperson, or approves the minutes of its decision, whichever
occurs
first. The court shall have
jurisdiction to may make such
further
other orders as justice may require requires. An
appeal may
be
had from the decision of any circuit court to the court of
appeals.
An appeal from a decision of
a city or village zoning
board of appeals shall be filed within 21 days after the zoning
board of appeals approves the minutes of its decision. The court
may affirm, reverse, or modify the decision of the zoning board of
appeals.
Sec. 702. (1) The following acts and parts of acts are
repealed:
(a) The city and village zoning act, 1921 PA 207, MCL 125.581
to 125.600.
(b) The county zoning act, 1943 PA 183, MCL 125.201 to
125.240.
(c) The township zoning act, 1943 PA 184, MCL 125.271 to
125.310.
(2)
This section shall not be construed to does not alter,
limit, void, affect, or abate any pending litigation,
administrative
proceeding, or appeal that existed on the effective
date
of this act June 30, 2006 or any ordinance, order, permit, or
decision
that was based on the acts repealed by this section under
subsection (1). The zoning ordinance need not be readopted but is
subject to the requirements of this act, including, but not limited
to, the amendment procedures set forth in this act.