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.
(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.
(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.
(c) Maintains the property consistent with the visible
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
matter of right for the purpose of vehicular traffic, not including
an alley.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 241
of the 94th Legislature is enacted into law.