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.




     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




     (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




     (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




     (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




     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




     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.