Bill Text: MI SB0203 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Land use; zoning and growth management; local requirement to obtain special or conditional use permit; allow for certain adult foster care facilities. Amends sec. 206 of 2006 PA 110 (MCL 125.3206).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-12 - Referred To Committee On Local Government [SB0203 Detail]

Download: Michigan-2015-SB0203-Introduced.html

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SENATE BILL No. 203

 

 

March 12, 2015, Introduced by Senator SCHUITMAKER 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

 

subsections (2) and (3), both of the following apply to a state

 

licensed residential facility:

 

     (a) It shall be considered a residential use of property for

 

the purposes of zoning and a permitted use in all residential

 

zones. and

 

     (b) 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) Subsection (1)(b) does not apply to an adult foster care

 

facility licensed under the adult foster care facility licensing

 

act, 1979 PA 218, MCL 400.701 to 400.737, if established after the

 

effective date of the 2015 amendatory act that added this

 

subsection, within a city or village, and within 1,500 feet of an

 

existing licensed adult foster care facility.

 

     (4) (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 that are required for other dwellings of similar density in

 

the same zone.

 

     (5) (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 a substance abuse treatment and

 

rehabilitation service use disorder services program to 7 or more

 

people licensed under article 6 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 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.

 

     (6) (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.

 

     (7) (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.

 

     (8) (7) The requirements of this section shall not prevent

 

This section does 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.

 

     (9) (8) The subsequent establishment of any of the facilities

 

listed under subsection (4)(a) will (5)(a) 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.

 

     (10) (9) The requirements of this section shall not prevent

 

This section does not prohibit 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).(5).

 

     (11) (10) The distances required under subsection (4)(a)

 

subsections (3) and (5)(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.