Bill Text: MI SB0744 | 2017-2018 | 99th Legislature | Introduced

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Bill Title: Land use; zoning and growth management; Michigan zoning enabling act; exempt certain adult care facilities from special or conditional use permits. Amends sec. 206 of 2006 PA 110 (MCL 125.3206). TIE BAR WITH: SB 0745'18

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-03-20 - Referred To Committee On Health Policy [SB0744 Detail]

Download: Michigan-2017-SB0744-Introduced.html

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SENATE BILL No. 744

 

 

January 10, 2018, Introduced by Senators MARLEAU, MACGREGOR, KNOLLENBERG, NOFS, STAMAS, KOWALL, JONES, GREGORY and SCHMIDT 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),

 

a state licensed residential facility shall be considered or a

 

facility described in section 3(4)(k) of the adult foster care

 

facility licensing act, 1979 PA 218, MCL 400.703, is 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.

 

     (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 use disorder services to 7 or more people

 

that is 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 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 home's compliance with and enforcing the local unit of

 

government’s 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 not affect any subsequent after

 

issuance of a special use permit, renewal, conditional use permit,

 

renewal, or other similar permit renewal pertaining to the group

 

child care home does not affect renewal of that permit.

 

     (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).

 

     (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.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. 745                                     

 

          of the 99th Legislature is enacted into law.