Bill Text: MI SB1145 | 2019-2020 | 100th Legislature | Introduced

Michigan Senate Bill 1145 (Prior Session Legislation)

Introduced

Bill Title: Land use: zoning and growth management; short-term rentals; permit. Amends secs. 102 & 207 of 2006 PA 110 (MCL 125.3102 & 125.3207) & adds sec. 206b. TIE BAR WITH: SB 1144'20

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2020-09-24 - Referred To Committee On Economic And Small Business Development [SB1145 Detail]

Download: Michigan-2019-SB1145-Introduced.html

SENATE BILL NO. 1145

September 24, 2020, Introduced by Senators NESBITT and HOLLIER and referred to the Committee on Economic and Small Business Development.

A bill to amend 2006 PA 110, entitled

"Michigan zoning enabling act,"

by amending sections 102 and 207 (MCL 125.3102 and 125.3207), section 102 as amended by 2008 PA 12, and by adding section 206b.

the people of the state of michigan enact:

Sec. 102. As used in this act:

(a) "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.

(b) "Airport" means an airport licensed by the Michigan department of state transportation department, bureau of aeronautics under section 86 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.86.

(c) "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.

(d) "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.

(e) "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.

(f) "Conservation easement" means that term as defined in section 2140 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.2140.

(g) "Coordinating zoning committee" means a coordinating zoning committee as described under section 307.

(h) "Development rights" means the rights to develop land to the maximum intensity of development authorized by law.

(i) "Development rights ordinance" means an ordinance, which may comprise part of a zoning ordinance, adopted under section 507.

(j) "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.

(k) "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.

(l) "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.

(m) "Intensity of development" means the height, bulk, area, density, setback, use, and other similar characteristics of development.

(n) "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.

(o) "Local unit of government" means a county, township, city, or village.

(p) "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.

(q) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.

(r) "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 the more recent.later.

(s) "Short-term rental" means the rental of any single-family residence or 1-to-4-family house or dwelling unit, or any unit or group of units in a condominium, for terms of less than 28 days at a time.

(t) (s) "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.

(u) (t) "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 6 or fewer individuals under 24-hour supervision or care.

(v) (u) "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.

(w) (v) "Zoning commission" means a zoning commission as described under section 301.

(x) (w) "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.

Sec. 206b. (1) For the purposes of zoning, all of the following apply to the rental of a dwelling, including, but not limited to, a short-term rental:

(a) It is a residential use of property and a permitted use in all residential zones.

(b) It is not subject to a special use or conditional use permit or procedure different from those required for other dwellings in the same zone.

(2) This section does not prohibit any of the following if applied on a consistent basis to rental and owner-occupied dwellings:

(a) Regulation of noise, advertising, traffic, or other conditions, to prevent nuisances.

(b) Regulation of the number of individuals that may occupy a dwelling.

(d) Taxes otherwise permitted by law.

(e) Requirements to notify a local unit of government of association or condominium regulations or other private agreements that may affect the use of a dwelling.

Sec. 207. A zoning ordinance or zoning decision shall not have the effect of totally prohibiting the establishment of a land use within a local unit of government in the presence of a demonstrated need for that land use within either that local unit of government or the surrounding area within the this state, unless a location within the local unit of government does not exist where the use may be appropriately located or the use is unlawful.

Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 1144 of the 100th Legislature is enacted into law.