Bill Text: MI HB6499 | 2017-2018 | 99th Legislature | Enrolled

Michigan House Bill 6499 (Prior Session Legislation)

Bill Title: Land use; zoning and growth management; definition of state licensed residential facility; increase number of children receiving care at certain child caring institutions. Amends sec. 102 of 2006 PA 110 (MCL 125.3102).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2018-12-31 - Vetoed By The Governor 12/28/2018 12/31/18 Addenda [HB6499 Detail]

Download: Michigan-2017-HB6499-Enrolled.html

STATE OF MICHIGAN 99TH LEGISLATURE

REGULAR SESSION OF 2018

Introduced by Reps. Reilly, Tedder, Lower, Crawford, Webber and Ellison

ENROLLED HOUSE BILL No. 6499

AN ACT to amend 2006 PA 110, entitled “An act to codify the laws regarding local units of government regulating the development and use of land; to provide for the adoption of zoning ordinances; to provide for the establishment in counties, townships, cities, and villages of zoning districts; to prescribe the powers and duties of certain officials; to provide for the assessment and collection of fees; to authorize the issuance of bonds and notes; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 102 (MCL 125.3102), as amended by 2008 PA 12.

The People of the State of Michigan enact:

Sec. 102. As used in this act:

“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.
“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.
“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.
“Airport manager” means that term as defined in section 2 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.2.
“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.
“Conservation easement” means that term as defined in section 2140 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.2140.
“Coordinating zoning committee” means a coordinating zoning committee as described under section 307.
“Development rights” means the rights to develop land to the maximum intensity of development authorized by law.
“Development rights ordinance” means an ordinance, which may comprise part of a zoning ordinance, adopted under section 507.
“Family child care home” and “group 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 child care home.
“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.
“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.
“Intensity of development” means the height, bulk, area, density, setback, use, and other similar characteristics of development.
“Legislative body” means the county board of commissioners of a county, the board of trustees of a township, or the council or other similar elected governing body of a city or village.
“Local unit of government” means a county, township, city, or village.
“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.
“Person” means an individual, partnership, corporation, association, governmental entity, or other legal entity.
“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 later.
“Site plan” includes the documents and drawings required by the zoning ordinance to ensure that a proposed land use or activity is in compliance with local ordinances and state and federal statutes.
“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 the following number of individuals under 24-hour supervision or care:
1. Except as provided in subparagraph (ii), 6 or fewer individuals.
2. If the facility is licensed under 1973 PA 116, MCL 722.111 to 722.128, and located on a parcel of 20 acres or more, 10 or fewer individuals.
“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.
“Zoning commission” means a zoning commission as described under section 301.
“Zoning jurisdiction” means the area encompassed by the legal boundaries of a city or village or 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 a township zoning ordinance.