Bill Text: MI HB5465 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Land use; zoning and growth management; state licensed residential facilities with more than 6 residents; allow exclusion from single-family residential zones. Amends sec. 206 of 2006 PA 110 (MCL 125.3206).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-03-16 - Bill Electronically Reproduced 03/15/2016 [HB5465 Detail]
Download: Michigan-2015-HB5465-Introduced.html
HOUSE BILL No. 5465
March 15, 2016, Introduced by Rep. Lucido and referred to the Committee on Local Government.
A bill to amend 2006 PA 110, entitled
"Michigan zoning enabling act,"
by amending section 206 (MCL 125.3206), as amended by 2007 PA 219.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 206. (1) Except as otherwise provided in subsection (2),
all of the following apply to a state licensed residential
facility: shall
be considered
(a) It is a residential use of property for the purposes of
zoning. and
(b) It is a permitted use in all multifamily residential zones
and, if it has 6 or fewer residents, in all single-family
residential zones.
(c) It 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 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 child care home shall be
issued a special use permit, conditional use permit, or other
similar permit if the group 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 child care home.
(ii) 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 substance use
disorder services to 7 or more
people
licensed under article 6 part
62 of the public health code,
1978
PA 368, MCL 333.6101 to 333.6523.333.6230 to 333.6251.
(iv) A community correction center, resident home, halfway
house,
or other similar facility which that
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 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 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
child care home to identify itself.
(f) Meets regulations, if any, requiring a group child care
home operator to provide off-street parking accommodations for his
or her employees.
(5) For a city or village, a group 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 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 do not
prohibit a local unit of government from inspecting and enforcing a
family or group 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 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 does
not affect any subsequent
special use permit renewal, conditional use permit renewal, or
other similar permit renewal pertaining to the group child care
home.
(9)
The requirements of this section shall do 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 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 takes effect 90 days
after the date it is enacted into law.