Bill Text: MI SB0721 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Natural resources; sand dunes; criteria for issuance of a variance to a public entity involving certain public land; provide for. Amends sec. 35317 of 1994 PA 451 (MCL 324.35317).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2018-12-31 - Vetoed By Governor 12/28/2018 12/31/18 Addenda [SB0721 Detail]
Download: Michigan-2017-SB0721-Introduced.html
SENATE BILL No. 721
December 12, 2017, Introduced by Senator BOOHER and referred to the Committee on Natural Resources.
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending section 35317 (MCL 324.35317), as amended by 2012 PA
297.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 35317. (1) A local unit of government may issue variances
under a zoning ordinance, or the department may issue special
exceptions under the model zoning plan if a local unit of
government does not have an approved zoning ordinance, if a
practical difficulty will occur to the owner of the property if the
variance or special exception is not granted. In determining
whether a practical difficulty will occur if a variance or special
exception is not granted, primary consideration shall be given to
assuring
ensuring that human health and safety are protected by the
determination and that the determination complies with applicable
local zoning, other state laws, and federal law. If a practical
difficulty will occur to the owner of the property if the variance
or special exception is not granted, a variance or special
exception shall be granted under this section unless the local unit
of government or the department determines that the use will
significantly damage the public interest on the privately owned
land, or, if the land is publicly owned, the public interest in the
publicly owned land, by significant and unreasonable depletion or
degradation of any of the following:
(a) The diversity of the critical dune areas within the local
unit of government.
(b) The quality of the critical dune areas within the local
unit of government.
(c) The functions of the critical dune areas within the local
unit of government.
(2) The decision of the local unit of government or the
department shall be in writing and shall be based upon evidence
that would meet the standards in section 75 of the administrative
procedures act of 1969, 1969 PA 306, MCL 24.275. A decision denying
a variance or special exception shall document, and any review
upholding the decision shall determine, all of the following:
(a) That the local unit of government or the department has
met the burden of proof under subsection (1).
(b) That the decision is based upon sufficient facts or data.
(c) That the decision is the product of reliable scientific
principles and methods.
(d) That the decision has applied the principles and methods
reliably to the facts.
(e) That the facts or data upon which the decision is based
are recorded in the file.
(3) A local unit of government or the department shall not
require an environmental site assessment or environmental impact
statement for a variance except for a special use project.
(4) A variance shall not be granted from a setback requirement
provided for under the model zoning plan or an equivalent zoning
ordinance
approved under section 35034 35304
enacted pursuant to
this part unless the property for which the variance is requested
is 1 of the following:
(a) A nonconforming lot of record that is recorded prior to
July 5, 1989, and that becomes nonconforming due to the operation
of this part or a zoning ordinance.
(b) A lot legally created after July 5, 1989 that later
becomes nonconforming due to natural shoreline erosion.
(c) Property on which the base of the first landward critical
dune of at least 20 feet in height that is not a foredune is
located at least 500 feet inland from the first foredune crest or
line of vegetation on the property. However, the setback shall be a
minimum of 200 feet measured from the foredune crest or line of
vegetation.
(5) Each local unit of government that has issued a variance
for a use other than a special use project during the previous 12
months shall file an annual report with the department indicating
variances that have been granted by the local unit of government
during that period.
(6) Upon receipt of an application for a special exception
under the model zoning plan, the department shall forward a copy of
the application and all supporting documentation to the local unit
of government having jurisdiction over the proposed location. The
local unit of government shall have 60 days to review and comment
on the proposed special exception. The department shall not make a
decision on a special exception under the model zoning plan until
either the local unit of government has commented on the proposed
special exception or has waived its opportunity to review the
special exception. The local unit of government may waive its
opportunity to review the application at any time within 60 days
after receipt of the application and supporting documentation by
notifying the department in writing. The local unit of government
also waives its opportunity to review the application if it fails
to act as authorized in this subsection within 60 days. If the
local unit of government waives its opportunity to review the
application, the local unit of government also waives its
opportunity to oppose the decision by the department to issue a
special exception. If the local unit of government opposes the
issuance of the special exception, the local unit of government
shall notify the department, in writing, of its opposition within
the 60-day notice period. If the local unit of government opposes
the issuance of the special exception, the department shall not
issue a special exception. The local unit of government may also
consider whether a practical difficulty will occur to the owner of
the property if the special exception is not granted by the
department and may make a recommendation to the department within
the 60-day notice period. The department shall base its
determination of whether a practical difficulty exists on
information provided by the local unit of government and other
pertinent information.
(7) Notwithstanding any other provision of this section, the
department shall issue a special exception under this section if
all of the following conditions are met:
(a) The applicant is a local unit of government and the
application involves public land that was public land on July 5,
1989.
(b) The purpose of the application is to restore a use,
including public viewing areas, that was lawful and in existence on
July 5, 1989.
(c) The proposed project for which the special exception is
sought benefits the citizens and visitors of that local unit of
government as evidenced by the adoption of a resolution in support
of the special exception by the governing body of that local unit
of government.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
