April 27, 2010, Introduced by Senator OLSHOVE and referred to the Committee on Local, Urban and State Affairs.
A bill to amend 2006 PA 110, entitled
"Michigan zoning enabling act,"
by amending sections 103 and 502 (MCL 125.3103 and 125.3502),
section 103 as amended by 2008 PA 12.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 103. (1) Except as otherwise provided under this act, if
a local unit of government conducts a public hearing required under
this act, the local unit of government shall publish notice of the
hearing in a newspaper of general circulation in the local unit of
government not less than 15 days before the date of the hearing.
(2) Notice required under this act shall be given as provided
under subsection (3) to the owners of property that is the subject
of the request. Notice shall also be given as provided under
subsection (3) to all persons to whom real property is assessed
within
300 500 feet of the property that is the subject of the
request
and to the occupants of all structures within 300 500 feet
of the subject property regardless of whether the property or
structure is located in the zoning jurisdiction. Notification need
not be given to more than 1 occupant of a structure, except that if
a structure contains more than 1 dwelling unit or spatial area
owned or leased by different persons, 1 occupant of each unit or
spatial area shall be given notice. If a single structure contains
more than 4 dwelling units or other distinct spatial areas owned or
leased by different persons, notice may be given to the manager or
owner of the structure, who shall be requested to post the notice
at the primary entrance to the structure.
(3) The notice under subsection (2) is considered to be given
when personally delivered or when deposited during normal business
hours for delivery with the United States postal service or other
public or private delivery service. The notice shall be given not
less than 15 days before the date the request will be considered.
If the name of the occupant is not known, the term "occupant" may
be used for the intended recipient of the notice.
(4) A notice under this section shall do all of the following:
(a) Describe the nature of the request.
(b) Indicate the property that is the subject of the request.
The notice shall include a listing of all existing street addresses
within the property. Street addresses do not need to be created and
listed if no such addresses currently exist within the property. If
there are no street addresses, other means of identification may be
used.
(c) State when and where the request will be considered.
(d) Indicate when and where written comments will be received
concerning the request.
Sec. 502. (1) The legislative body may provide in a zoning
ordinance for special land uses in a zoning district. A special
land use shall be subject to the review and approval of the zoning
commission, the planning commission, an official charged with
administering the zoning ordinance, or the legislative body as
required by the zoning ordinance. The zoning ordinance shall
specify all of the following:
(a) The special land uses and activities eligible for approval
and the body or official responsible for reviewing and granting
approval.
(b) The requirements and standards for approving a request for
a special land use.
(c) The procedures and supporting materials required for the
application, review, and approval of a special land use.
(2) Upon receipt of an application for a special land use
which requires a discretionary decision, the local unit of
government shall provide notice of the request as required under
section 103. The notice shall indicate that a public hearing on the
special land use request may be requested by any property owner or
the
occupant of any structure located within 300 500 feet
of the
property being considered for a special land use regardless of
whether the property or occupant is located in the zoning
jurisdiction.
(3) At the initiative of the body or official responsible for
approving the special land use or upon the request of the
applicant, a real property owner whose real property is assessed
within
300 500 feet of the property, or the occupant of a structure
located
within 300 500 feet of the property, a public hearing shall
be held before a discretionary decision is made on the special land
use request.
(4) The body or official designated to review and approve
special land uses may deny, approve, or approve with conditions a
request for special land use approval. The decision on a special
land use shall be incorporated in a statement of findings and
conclusions relative to the special land use which specifies the
basis for the decision and any conditions imposed.