Bill Text: MI HB4909 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Land use; zoning and growth management; prohibition on restrictive use covenants that prohibit otherwise lawful use of a single retail establishment; provide for. Amends 2006 PA 110 (MCL 125.3101 - 125.3702) by adding sec. 502a. TIE BAR WITH: SB 0524'15
Spectrum: Moderate Partisan Bill (Democrat 10-3)
Status: (Introduced - Dead) 2015-09-30 - Printed Bill Filed 09/30/2015 [HB4909 Detail]
Download: Michigan-2015-HB4909-Introduced.html
HOUSE BILL No. 4909
September 29, 2015, Introduced by Reps. Kivela, Faris, Moss, Heise, Chatfield, Robinson, Hovey-Wright, McBroom, Dianda, Geiss, Schor, LaVoy and Zemke and referred to the Committee on Tax Policy.
A bill to amend 2006 PA 110, entitled
"Michigan zoning enabling act,"
(MCL 125.3101 to 125.3702) by adding section 502a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 502a. (1) A negative use restriction established after
the effective date of this section that prohibits occupancy or use
that is otherwise lawful under a zoning ordinance of a vacant
structure that was a single retail establishment, or of land in a
commercial district, is, beginning 90 days after the restriction is
established, against public policy, void, and unenforceable.
(2) The legislative body may provide in a zoning ordinance for
special land use approval for single retail establishments and may,
along with any other applicable requirements and standards for that
approval, require any of the following:
(a) That the applicant present documentary proof that the
property being considered for special land use approval is not
subject to a negative use restriction described in subsection (1).
(b) That the applicant submit a plan for re-lease, reuse,
redevelopment, or sale of the property in the event of a vacancy.
(3) The legislature finds that vacant single retail
establishments lead to blight and that reduction of blight through
the elimination of vacant single retail establishments is a public
purpose. Therefore, a county, city, village, or township may
rehabilitate vacant single retail establishments under 1945 PA 344,
MCL 125.71 to 125.84, or as otherwise provided by law.
(4) This section is in addition to and not in derogation of
powers conferred by other laws, including, but not limited to, the
power to otherwise regulate single retail establishments as a
special land use under this act.
(5) As used in this section:
(a) "Negative use restriction" means a restriction or covenant
in a deed, lease, contract for the sale of real property, or other
written agreement that operates to prohibit or limit the use of
property by an owner or occupant. Negative use restriction includes
a term in a commercial lease that prevents the owner from leasing
the property to another retailer.
(b) "Single retail establishment" means a single, freestanding
structure of 7,000 square feet or more where consumer goods are
sold to the public. Single retail establishment includes, but is
not limited to, department stores, discount stores, specialty
stores, warehouse stores, or "big box" stores.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 524 (request no.
03247'15) of the 98th Legislature is enacted into law.
