HOUSE BILL No. 4563

 

 

May 2, 2019, Introduced by Reps. Tate and Lilly and referred to the Committee on Commerce and Tourism.

 

     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 that term as defined in the

 

Michigan short-term rental promotion act.

 

     (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. For the purposes of zoning, a short-term rental

 

that is rented out for 14 days or less in a calendar year is a

 

residential use of property and a permitted use in all residential

 

zones.

 

     Sec. 207. A zoning ordinance or zoning decision shall not have

 

the effect of totally prohibiting the establishment of a land use,

 

including, but not limited to, a short-term rental, 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.____ or House Bill No. 4554 (request no.

 

01509'19) of the 100th Legislature is enacted into law.