HOUSE BILL No. 6164


     November 28, 2000, Introduced by Rep. Ruth Johnson and referred to the Committee on Local Government and Urban Policy.


        A bill to amend 1943 PA 184, entitled

   "Township zoning act,"

   by amending section 16a (MCL 125.286a).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 16a.  (1) As used in this section, "state licensed res-

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      idential facility" means a structure constructed for residential

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      purposes that is licensed by the state  pursuant to Act No. 287

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      of the Public Acts of 1972, as amended, being sections 331.681 to

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      331.694 of the Michigan Compiled Laws, or Act No. 116 of the

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      Public Acts of 1973, as amended, being sections 722.111 to

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      722.128 of the Michigan Compiled Laws, which  UNDER THE ADULT

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      FOSTER CARE FACILITY LICENSING ACT, 1979 PA 218, MCL 400.701 TO

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      400.737, OR 1973 PA 116, MCL 722.111 TO 722.128, AND THAT

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      provides resident services for 6 or  less  FEWER persons under




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      24-hour supervision or care for persons in need of that

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      supervision or care.

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           (2) In order to implement the policy of this state that per-

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      sons in need of community residential care shall not be excluded

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      by zoning from the benefits of normal residential surroundings, a

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      state licensed residential facility providing supervision or

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      care, or both, to 6 or  less  FEWER persons shall be considered a

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      residential use of property for the purposes of zoning and a per-

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      mitted use in all residential zones, including those zoned for

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      single family dwellings, and shall not be subject to a special

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      use or conditional use permit or procedure different from those

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      required for other dwellings of similar density in the same

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      zone.

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           (3) This section  shall  DOES not apply to adult foster care

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      facilities licensed by a state agency for care and treatment of

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      persons released from or assigned to adult correctional

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      institutions.

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           (4) At least 45 days before licensing a residential facility

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      described in subsection (1), the state licensing agency shall

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      notify the TOWNSHIP board  of trustees or its designated agency 

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      of the township where the proposed facility would be located, OR

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      AN AGENCY DESIGNATED BY THE TOWNSHIP BOARD, to review the number

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      of existing or proposed similar state licensed residential facil-

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      ities whose property lines are within a  1,500  3,000-foot radius

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      of the property lines of the location of the applicant.  The

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       board of trustees or an agency of the township to which the

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      authority is delegated  TOWNSHIP BOARD, OR DESIGNATED AGENCY,



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      shall, when a proposed facility is to be located within the

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      township, give appropriate notification of the proposal to

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      license the facility to those residents whose property lines are

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      within a  1,500  3,000-foot radius of the property lines of the

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      proposed facility.  A state licensing agency shall not license a

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      proposed residential facility when another state licensed resi-

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      dential facility exists within the  1,500  3,000-foot radius OF

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      THE PROPOSED LOCATION, unless permitted by local zoning ordi-

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      nances,  of the proposed location  or when the issuance of the

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      license would substantially contribute to an excessive concentra-

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      tion of state licensed residential facilities within the

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      township.  This subsection  shall  DOES not apply to state

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      licensed residential facilities caring for 4 or  less  FEWER

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      minors.

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           (5) This section  shall  DOES not apply to a state licensed

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      residential facility licensed before March 31, 1977, or to a res-

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      idential facility  which  THAT was in the process of being devel-

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      oped and licensed before March 31, 1977, if approval had been

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      granted by the appropriate local governing body.



















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