reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article II - Zoning Authorization and Initiation (125.3201...125.3211) › Section 125.3202 - Zoning Ordinance; Determination by Local Legislative Body; Amendments or Supplements; Notice of Proposed Rezoning.

125.3202 Zoning ordinance; determination by local legislative body; amendments or supplements; notice of proposed rezoning.
Sec. 202.
(1) The legislative body of a local unit of government may provide by ordinance for the manner in which the regulations and boundaries of districts or zones shall be determined and enforced or amended or supplemented. Amendments or supplements to the zoning ordinance shall be adopted in the same manner as provided under this act for the adoption of the original ordinance.
(2) Except as provided in subsection (3), the zoning commission shall give a notice of a proposed rezoning in the same manner as required under section 103.
(3) For any group of adjacent properties numbering 11 or more that is proposed for rezoning, the requirements of section 103(2) and the requirement of section 103(4)(b) that street addresses be listed do not apply to that group of adjacent properties.
(4) An amendment to a zoning ordinance by a city or village is subject to a protest petition under section 403.
(5) An amendment to conform a provision of the zoning ordinance to the decree of a court of competent jurisdiction as to any specific lands may be adopted by the legislative body and the notice of the adopted amendment published without referring the amendment to any other board or agency provided for under this act.
History:
2006, Act 110, Eff. July 1, 2006 ;-- Am. 2008, Act 12, Imd. Eff. Feb. 29, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article II - Zoning Authorization and Initiation (125.3201...125.3211) › Section 125.3204 - Single-Family Residence; Instruction in Craft or Fine Art as Home Occupation.

125.3204 Single-family residence; instruction in craft or fine art as home occupation.
Sec. 204.
A zoning ordinance adopted under this act shall provide for the use of a single-family residence by an occupant of that residence for a home occupation to give instruction in a craft or fine art within the residence. This section does not prohibit the regulation of noise, advertising, traffic, hours of operation, or other conditions that may accompany the use of a residence under this section.
History:
2006, Act 110, Eff. July 1, 2006
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article II - Zoning Authorization and Initiation (125.3201...125.3211) › Section 125.3205a - Amateur Radio Service Station Antenna Structures.

125.3205a Amateur radio service station antenna structures.
Sec. 205a.
(1) 47 CFR 97.15 provides that owners of certain amateur radio service station antenna structures more than 60.96 meters (200 feet) above ground level at the site or located near or at a public use airport must notify the federal aviation administration and register with the federal communications commission as required by 47 CFR part 17.
(2) An amateur radio service station antenna structure may be erected at heights and dimensions sufficient to accommodate amateur radio service communications. Regulation of an amateur radio service station antenna structure by a local unit of government must not preclude amateur radio service communications. Rather, it must reasonably accommodate those communications and must constitute the minimum practicable regulation to accomplish the local unit of government's legitimate purpose.
(3) To obtain information about the regulation of amateur radio service station antenna structures, a person may contact any advisory board that is jointly established by the Michigan section of the American radio relay league and 1 or more state organizations representing local units of government.
History:
Add. 2014, Act 556, Imd. Eff. Jan. 15, 2014
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article II - Zoning Authorization and Initiation (125.3201...125.3211) › Section 125.3205d - Zoning Ordinance; Prohibition or Regulation of Commemorative Signs.

125.3205d Zoning ordinance; prohibition or regulation of commemorative signs.
Sec. 205d.
(1) A zoning ordinance shall not regulate or prohibit a sign that is located on or within a building and that commemorates any of the following:
(a) Any of the following who die in the line of duty:
(i) Police officers.
(ii) Firefighters.
(iii) Medical first responders.
(iv) Members of the United States Armed Forces.
(v) Corrections officers.
(b) Veterans of the United States Armed Forces.
(2) As used in this section, "medical first responder" means that term as defined in section 20906 of the public health code, 1978 PA 368, MCL 333.20906.
History:
Add. 2018, Act 506, Eff. Mar. 28, 2019
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article II - Zoning Authorization and Initiation (125.3201...125.3211) › Section 125.3207 - Zoning Ordinance or Decision; Effect as Prohibiting Establishment of Land Use.

125.3207 Zoning ordinance or decision; effect as prohibiting establishment of land use.
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 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.
History:
2006, Act 110, Eff. July 1, 2006
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article II - Zoning Authorization and Initiation (125.3201...125.3211) › Section 125.3208 - Nonconforming Uses or Structures.

125.3208 Nonconforming uses or structures.
Sec. 208.
(1) If the use of a dwelling, building, or structure or of the land is lawful at the time of enactment of a zoning ordinance or an amendment to a zoning ordinance, then that use may be continued although the use does not conform to the zoning ordinance or amendment. This subsection is intended to codify the law as it existed before July 1, 2006 in section 16(1) of the former county zoning act, 1943 PA 183, section 16(1) of the former township zoning act, 1943 PA 184, and section 3a(1) of the former city and village zoning act, 1921 PA 207, as they applied to counties, townships, and cities and villages, respectively, and shall be construed as a continuation of those laws and not as a new enactment.
(2) The legislative body may provide in a zoning ordinance for the completion, resumption, restoration, reconstruction, extension, or substitution of nonconforming uses or structures upon terms and conditions provided in the zoning ordinance. In establishing terms for the completion, resumption, restoration, reconstruction, extension, or substitution of nonconforming uses or structures, different classes of nonconforming uses may be established in the zoning ordinance with different requirements applicable to each class.
(3) The legislative body may acquire, by purchase, condemnation, or otherwise, private property or an interest in private property for the removal of nonconforming uses and structures. The legislative body may provide that the cost and expense of acquiring private property may be paid from general funds or assessed to a special district in accordance with the applicable statutory provisions relating to the creation and operation of special assessment districts for public improvements in local units of government. Property acquired under this subsection by a city or village shall not be used for public housing.
(4) The elimination of the nonconforming uses and structures in a zoning district is declared to be for a public purpose and for a public use. The legislative body may institute proceedings for condemnation of nonconforming uses and structures under 1911 PA 149, MCL 213.21 to 213.25.
History:
2006, Act 110, Eff. July 1, 2006 ;-- Am. 2008, Act 12, Imd. Eff. Feb. 29, 2008 ;-- Am. 2010, Act 330, Imd. Eff. Dec. 21, 2010
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article II - Zoning Authorization and Initiation (125.3201...125.3211) › Section 125.3209 - Township Zoning Ordinance Not Subject to County Ordinance, Rule, or Regulation.

125.3209 Township zoning ordinance not subject to county ordinance, rule, or regulation.
Sec. 209.
Except as otherwise provided under this act, a township that has enacted a zoning ordinance under this act is not subject to an ordinance, rule, or regulation adopted by a county under this act.
History:
2006, Act 110, Eff. July 1, 2006
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article II - Zoning Authorization and Initiation (125.3201...125.3211) › Section 125.3210 - Ordinance as Controlling.

125.3210 Ordinance as controlling.
Sec. 210.
Except as otherwise provided under this act, an ordinance adopted under this act shall be controlling in the case of any inconsistencies between the ordinance and an ordinance adopted under any other law.
History:
2006, Act 110, Eff. July 1, 2006
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article II - Zoning Authorization and Initiation (125.3201...125.3211) › Section 125.3211 - Appointment of Zoning Commission by Legislative Body; Purposes; Petition; Initiation of Action to Formulate Zoning Commission and Zoning Ordinance.

125.3211 Appointment of zoning commission by legislative body; purposes; petition; initiation of action to formulate zoning commission and zoning ordinance.
Sec. 211.
(1) The legislative body may proceed with the adoption of a zoning ordinance containing land development regulations and establishing zoning districts under this act upon appointment of a zoning commission as provided in section 301.
(2) The legislative body may appoint a zoning commission for purposes of formulating a zoning ordinance on its own initiative or upon receipt of a petition requesting that action as provided under subsection (3).
(3) Upon receipt of a petition signed by a number of qualified and registered voters residing in the zoning jurisdiction equal to not less than 8% of the total votes cast within the zoning jurisdiction for all candidates for governor at the last preceding general election at which a governor was elected, filed with the clerk of the local unit of government requesting the legislative body to appoint a zoning commission for purposes of formulating a zoning ordinance, the legislative body, at the next regular meeting, may initiate action to formulate a zoning commission and zoning ordinance under this act.
History:
2006, Act 110, Eff. July 1, 2006
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article III - Zoning Commission (125.3301...125.3308) › Section 125.3302 - Expenses; Compensation.

125.3302 Expenses; compensation.
Sec. 302.
Members of the zoning commission may be reimbursed for reasonable expenses actually incurred in the discharge of their duties and may receive compensation as fixed by the legislative body.
History:
2006, Act 110, Eff. July 1, 2006
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article III - Zoning Commission (125.3301...125.3308) › Section 125.3303 - Planning Expert; Compensation.

125.3303 Planning expert; compensation.
Sec. 303.
(1) With the approval of the legislative body, the zoning commission may engage the services of a planning expert. Compensation for the planning expert shall be paid by the legislative body.
(2) The zoning commission shall consider any information and recommendations furnished by appropriate public officials, departments, or agencies.
History:
2006, Act 110, Eff. July 1, 2006
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article III - Zoning Commission (125.3301...125.3308) › Section 125.3304 - Regular Meetings; Notice; Zoning Commission Subject to Open Meetings Act.

125.3304 Regular meetings; notice; zoning commission subject to open meetings act.
Sec. 304.
The zoning commission shall hold a minimum of 2 regular meetings annually, giving notice of the time and place by publication in a newspaper of general circulation in the zoning jurisdiction. Notice shall be given not less than 15 days before the meeting. The zoning commission is subject to the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
History:
2006, Act 110, Eff. July 1, 2006
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article III - Zoning Commission (125.3301...125.3308) › Section 125.3305 - Recommendations of Zoning Commission; Adoption and Filing.

125.3305 Recommendations of zoning commission; adoption and filing.
Sec. 305.
The zoning commission shall adopt and file with the legislative body the following recommendations:
(a) A zoning plan for the areas subject to zoning of the local unit of government.
(b) The establishment of zoning districts, including the boundaries of those districts.
(c) The text of a zoning ordinance with the necessary maps and zoning regulations to be adopted for a zoning district or the zoning jurisdiction as a whole.
(d) The manner of administering and enforcing the zoning ordinance.
History:
2006, Act 110, Eff. July 1, 2006
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article III - Zoning Commission (125.3301...125.3308) › Section 125.3306 - Recommendations of Zoning Commission; Submission to Legislative Body; Public Hearing; Notice; Examination of Proposed Text and Maps.

125.3306 Recommendations of zoning commission; submission to legislative body; public hearing; notice; examination of proposed text and maps.
Sec. 306.
(1) Before submitting its recommendations for a proposed zoning ordinance to the legislative body, the zoning commission shall hold at least 1 public hearing. Notice of the time and place of the public hearing shall be given in the same manner as required under section 103(1) for the initial adoption of a zoning ordinance or section 202 for any other subsequent zoning text or map amendments.
(2) Notice of the time and place of the public hearing shall also be given by mail to each electric, gas, and pipeline public utility company, each telecommunication service provider, each railroad operating within the district or zone affected, and the airport manager of each airport, that registers its name and mailing address with the clerk of the legislative body for the purpose of receiving the notice of public hearing.
(3) The notices required under this section shall include the places and times at which the proposed text and any maps of the zoning ordinance may be examined.
History:
2006, Act 110, Eff. July 1, 2006
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article III - Zoning Commission (125.3301...125.3308) › Section 125.3307 - Review and Recommendations After Hearing; Submission to Township; Submission to Coordinating Zoning Committee; Waiver of Right to Review.

125.3307 Review and recommendations after hearing; submission to township; submission to coordinating zoning committee; waiver of right to review.
Sec. 307.
(1) Following the hearing required in section 306, a township shall submit for review and recommendation the proposed zoning ordinance, including any zoning maps, to the zoning commission of the county in which the township is situated if a county zoning commission has been appointed as provided under this act.
(2) If there is not a county zoning commission or county planning commission, the proposed zoning ordinance shall be submitted to the coordinating zoning committee. The coordinating zoning committee shall be composed of either 3 or 5 members appointed by the legislative body of the county for the purpose of coordinating the zoning ordinances proposed for adoption under this act with the zoning ordinances of a township, city, or village having a common boundary with the township.
(3) The county will have waived its right for review and recommendation of an ordinance if the recommendation of the county zoning commission, planning commission, or coordinating zoning committee has not been received by the township within 30 days from the date the proposed ordinance is received by the county.
(4) The legislative body of a county by resolution may waive its right to review township ordinances and amendments under this section.
History:
2006, Act 110, Eff. July 1, 2006
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article III - Zoning Commission (125.3301...125.3308) › Section 125.3308 - Summary of Public Hearing Comments; Transmission to Legislative Body by Zoning Commission; Report.

125.3308 Summary of public hearing comments; transmission to legislative body by zoning commission; report.
Sec. 308.
(1) Following the required public hearing under section 306, the zoning commission shall transmit a summary of comments received at the hearing and its proposed zoning ordinance, including any zoning maps and recommendations, to the legislative body of the local unit of government.
(2) Following the enactment of the zoning ordinance, the zoning commission shall at least once per year prepare for the legislative body a report on the administration and enforcement of the zoning ordinance and recommendations for amendments or supplements to the ordinance.
History:
2006, Act 110, Eff. July 1, 2006
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article IV - Zoning Adoption and Enforcement (125.3401...125.3407) › Section 125.3402 - Notice of Intent to File Petition.

125.3402 Notice of intent to file petition.
Sec. 402.
(1) Within 7 days after publication of a zoning ordinance under section 401, a registered elector residing in the zoning jurisdiction of a county or township may file with the clerk of the legislative body a notice of intent to file a petition under this section.
(2) If a notice of intent is filed under subsection (1), the petitioner shall have 30 days following the publication of the zoning ordinance to file a petition signed by a number of registered electors residing in the zoning jurisdiction not less than 15% of the total vote cast within the zoning jurisdiction for all candidates for governor at the last preceding general election at which a governor was elected, with the clerk of the legislative body requesting the submission of a zoning ordinance or part of a zoning ordinance to the electors residing in the zoning jurisdiction for their approval.
(3) Upon the filing of a notice of intent under subsection (1), the zoning ordinance or part of the zoning ordinance adopted by the legislative body shall not take effect until 1 of the following occurs:
(a) The expiration of 30 days after publication of the ordinance, if a petition is not filed within that time.
(b) If a petition is filed within 30 days after publication of the ordinance, the clerk of the legislative body determines that the petition is inadequate.
(c) If a petition is filed within 30 days after publication of the ordinance, the clerk of the legislative body determines that the petition is adequate and the ordinance or part of the ordinance is approved by a majority of the registered electors residing in the zoning jurisdiction voting on the petition at the next regular election or at any special election called for that purpose. The legislative body shall provide the manner of submitting the zoning ordinance or part of the zoning ordinance to the electors for their approval or rejection and determining the result of the election.
(4) A petition and an election under this section are subject to the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992.
History:
2006, Act 110, Eff. July 1, 2006
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article IV - Zoning Adoption and Enforcement (125.3401...125.3407) › Section 125.3403 - Amendment to Zoning Ordinance; Filing of Protest Petition; Vote.

125.3403 Amendment to zoning ordinance; filing of protest petition; vote.
Sec. 403.
(1) An amendment to a zoning ordinance by a city or village is subject to a protest petition as required by this subsection. If a protest petition is filed, approval of the amendment to the zoning ordinance shall require a 2/3 vote of the legislative body, unless a larger vote, not to exceed a 3/4 vote, is required by ordinance or charter. The protest petition shall be presented to the legislative body of the city or village before final legislative action on the amendment and shall be signed by 1 or more of the following:
(a) The owners of at least 20% of the area of land included in the proposed change.
(b) The owners of at least 20% of the area of land included within an area extending outward 100 feet from any point on the boundary of the land included in the proposed change.
(2) Publicly owned land shall be excluded in calculating the 20% land area requirement under subsection (1).
History:
2006, Act 110, Eff. July 1, 2006
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article IV - Zoning Adoption and Enforcement (125.3401...125.3407) › Section 125.3404 - Interim Zoning Ordinance.

125.3404 Interim zoning ordinance.
Sec. 404.
(1) To protect the public health, safety, and general welfare of the inhabitants and the lands and resources of a local unit of government during the period required for the preparation and enactment of an initial zoning ordinance under this act, the legislative body of a local unit of government may direct the zoning commission to submit, within a specified period of time, recommendations as to the provisions of an interim zoning ordinance.
(2) Before presenting its recommendations to the legislative body, the zoning commission of a township shall submit the interim zoning ordinance, or an amendment to the ordinance, to the county zoning commission or the coordinating zoning committee, for the purpose of coordinating the zoning ordinance with the zoning ordinances of a township, city, or village having a common boundary with the township. The ordinance shall be considered approved 15 days from the date the zoning ordinance is submitted to the legislative body.
(3) After approval, the legislative body, by majority vote of its members, may give the interim ordinance or amendments to the interim ordinance immediate effect. An interim ordinance and subsequent amendments shall be filed and published as required under section 401.
(4) The interim ordinance, including any amendments, shall be limited to 1 year from the effective date and to not more than 2 years of renewal thereafter by resolution of the local unit of government.
History:
2006, Act 110, Eff. July 1, 2006
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article IV - Zoning Adoption and Enforcement (125.3401...125.3407) › Section 125.3405 - Use and Development of Land as Condition to Rezoning.

125.3405 Use and development of land as condition to rezoning.
Sec. 405.
(1) An owner of land may voluntarily offer in writing, and the local unit of government may approve, certain use and development of the land as a condition to a rezoning of the land or an amendment to a zoning map.
(2) In approving the conditions under subsection (1), the local unit of government may establish a time period during which the conditions apply to the land. Except for an extension under subsection (4), if the conditions are not satisfied within the time specified under this subsection, the land shall revert to its former zoning classification.
(3) The local government shall not add to or alter the conditions approved under subsection (1) during the time period specified under subsection (2) of this section.
(4) The time period specified under subsection (2) may be extended upon the application of the landowner and approval of the local unit of government.
(5) A local unit of government shall not require a landowner to offer conditions as a requirement for rezoning. The lack of an offer under subsection (1) shall not otherwise affect a landowner's rights under this act, the ordinances of the local unit of government, or any other laws of this state.
History:
2006, Act 110, Eff. July 1, 2006
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article IV - Zoning Adoption and Enforcement (125.3401...125.3407) › Section 125.3406 - Zoning Permits; Fees; Effect of Delinquent Payment of Fine, Costs, or Assessment.

125.3406 Zoning permits; fees; effect of delinquent payment of fine, costs, or assessment.
Sec. 406.
(1) The legislative body may charge reasonable fees for zoning permits as a condition of granting authority to use, erect, alter, or locate dwellings, buildings, and structures, including tents and recreational vehicles, within a zoning district established under this act.
(2) A zoning ordinance adopted by a city may provide that a person is not eligible to apply for a rezoning, site plan approval, special land use approval, planned unit development approval, variance, or other zoning authorization if the person is delinquent in paying a civil fine, costs, or a justice system assessment imposed by an administrative hearings bureau established in that city pursuant to section 4q of the home rule city act, 1909 PA 279, MCL 117.4q.
(3) A zoning ordinance provision adopted under subsection (2) does not apply to an applicant for a zoning authorization if the applicant became the owner of the property by foreclosure or by taking a deed in lieu of foreclosure and is 1 of the following:
(a) A government-sponsored enterprise. As used in this subdivision, "government-sponsored enterprise" means that term as defined in 2 USC 622(8), or the Michigan state housing development authority created under the state housing development authority act of 1966, 1966 PA 346, MCL 125.1401 to 125.1499c.
(b) A financial institution. As used in this subdivision, "financial institution" means that term as defined in section 4(c) of the Michigan strategic fund act, 1984 PA 270, MCL 125.2004.
(c) A mortgage servicer, as that term is defined in section 1a of the mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL 445.1651a, that is subject to the mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL 445.1651 to 445.1684.
(d) A credit union service organization that is organized under the laws of this state or the United States.
(4) Subsection (2) does not apply to a zoning authorization if the authorization will correct, in whole or in part, the blight violation that was the subject of the delinquent payment referred to in subsection (2).
History:
2006, Act 110, Eff. July 1, 2006 ;-- Am. 2013, Act 189, Eff. Mar. 14, 2014
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article IV - Zoning Adoption and Enforcement (125.3401...125.3407) › Section 125.3407 - Certain Violations as Nuisance per Se.

125.3407 Certain violations as nuisance per se.
Sec. 407.
Except as otherwise provided by law, a use of land or a dwelling, building, or structure, including a tent or recreational vehicle, used, erected, altered, razed, or converted in violation of a zoning ordinance or regulation adopted under this act is a nuisance per se. The court shall order the nuisance abated, and the owner or agent in charge of the dwelling, building, structure, tent, recreational vehicle, or land is liable for maintaining a nuisance per se. The legislative body shall in the zoning ordinance enacted under this act designate the proper official or officials who shall administer and enforce the zoning ordinance and do 1 of the following for each violation of the zoning ordinance:
(a) Impose a penalty for the violation.
(b) Designate the violation as a municipal civil infraction and impose a civil fine for the violation.
(c) Designate the violation as a blight violation and impose a civil fine or other sanction authorized by law. This subdivision applies only to a city that establishes an administrative hearings bureau pursuant to section 4q of the home rule city act, 1909 PA 279, MCL 117.4q.
History:
2006, Act 110, Eff. July 1, 2006 ;-- Am. 2008, Act 12, Imd. Eff. Feb. 29, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article V - Special Zoning Provisions (125.3501...125.3514) › Section 125.3501 - Submission and Approval of Site Plan; Procedures and Requirements.

125.3501 Submission and approval of site plan; procedures and requirements.
Sec. 501.
(1) The local unit of government may require the submission and approval of a site plan before authorization of a land use or activity regulated by a zoning ordinance. The zoning ordinance shall specify the body or official responsible for reviewing site plans and granting approval.
(2) If a zoning ordinance requires site plan approval, the site plan, as approved, shall become part of the record of approval, and subsequent actions relating to the activity authorized shall be consistent with the approved site plan, unless a change conforming to the zoning ordinance is agreed to by the landowner and the body or official that initially approved the site plan.
(3) The procedures and requirements for the submission and approval of site plans shall be specified in the zoning ordinance. Site plan submission, review, and approval shall be required for special land uses and planned unit developments.
(4) A decision rejecting, approving, or conditionally approving a site plan shall be based upon requirements and standards contained in the zoning ordinance, other statutorily authorized and properly adopted local unit of government planning documents, other applicable ordinances, and state and federal statutes.
(5) A site plan shall be approved if it contains the information required by the zoning ordinance and is in compliance with the conditions imposed under the zoning ordinance, other statutorily authorized and properly adopted local unit of government planning documents, other applicable ordinances, and state and federal statutes.
History:
2006, Act 110, Eff. July 1, 2006 ;-- Am. 2008, Act 12, Imd. Eff. Feb. 29, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article V - Special Zoning Provisions (125.3501...125.3514) › Section 125.3502 - Special Land Uses; Review and Approval; Application; Notice of Request; Public Hearing; Incorporation of Decision in Statement of Findings and Conclusions.

125.3502 Special land uses; review and approval; application; notice of request; public hearing; incorporation of decision in statement of findings and conclusions.
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 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 feet of the property, or the occupant of a structure located within 300 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.
History:
2006, Act 110, Eff. July 1, 2006
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article V - Special Zoning Provisions (125.3501...125.3514) › Section 125.3505 - Performance Guarantee.

125.3505 Performance guarantee.
Sec. 505.
(1) To ensure compliance with a zoning ordinance and any conditions imposed under a zoning ordinance, a local unit of government may require that a cash deposit, certified check, irrevocable letter of credit, or surety bond acceptable to the local unit of government covering the estimated cost of improvements be deposited with the clerk of the legislative body to insure faithful completion of the improvements. The performance guarantee shall be deposited at the time of the issuance of the permit authorizing the activity or project. The local unit of government may not require the deposit of the performance guarantee until it is prepared to issue the permit. The local unit of government shall establish procedures by which a rebate of any cash deposits in reasonable proportion to the ratio of work completed on the required improvements shall be made as work progresses.
(2) This section shall not be applicable to improvements for which a cash deposit, certified check, irrevocable bank letter of credit, or surety bond has been deposited under the land division act, 1967 PA 288, MCL 560.101 to 560.293.
History:
2006, Act 110, Eff. July 1, 2006
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article V - Special Zoning Provisions (125.3501...125.3514) › Section 125.3507 - Purchase of Development Rights Program; Adoption of Ordinance; Limitations; Agreements With Other Local Governments.

125.3507 Purchase of development rights program; adoption of ordinance; limitations; agreements with other local governments.
Sec. 507.
(1) As used in this section and sections 508 and 509, "PDR program" means a purchase of development rights program.
(2) The legislative body may adopt a development rights ordinance limited to the establishment, financing, and administration of a PDR program, as provided under this section and sections 508 and 509. The PDR program may be used only to protect agricultural land and other eligible land. This section and sections 508 and 509 do not expand the condemnation authority of a local unit of government as otherwise provided for in this act.
(3) A PDR program shall not acquire development rights by condemnation. This section and sections 508 and 509 do not limit any authority that may otherwise be provided by law for a local unit of government to protect natural resources, preserve open space, provide for historic preservation, or accomplish similar purposes.
(4) A legislative body shall not establish, finance, or administer a PDR program unless the legislative body adopts a development rights ordinance. If the local unit of government has a zoning ordinance, the development rights ordinance may be adopted as part of the zoning ordinance under the procedures for a zoning ordinance under this act. A local unit of government may adopt a development rights ordinance in the same manner as required for a zoning ordinance.
(5) A legislative body may promote and enter into agreements with other local units of government for the purchase of development rights, including cross-jurisdictional purchases, subject to applicable development rights ordinances.
History:
2006, Act 110, Eff. July 1, 2006
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article VI - Zoning Board of Appeals (125.3601...125.3607) › Section 125.3602 - Meetings; Call of the Chairperson; Oaths; Attendance of Witnesses; Record of Proceedings.

125.3602 Meetings; call of the chairperson; oaths; attendance of witnesses; record of proceedings.
Sec. 602.
(1) Meetings of the zoning board of appeals shall be held at the call of the chairperson and at other times as the zoning board of appeals in its rules of procedure may specify. The chairperson or, in his or her absence, the acting chairperson may administer oaths and compel the attendance of witnesses.
(2) The zoning board of appeals shall maintain a record of its proceedings which shall be filed in the office of the clerk of the legislative body.
History:
2006, Act 110, Eff. July 1, 2006
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article VI - Zoning Board of Appeals (125.3601...125.3607) › Section 125.3603 - Zoning Board of Appeals; Powers; Concurring Vote of Majority of Members.

125.3603 Zoning board of appeals; powers; concurring vote of majority of members.
Sec. 603.
(1) The zoning board of appeals shall hear and decide questions that arise in the administration of the zoning ordinance, including the interpretation of the zoning maps, and may adopt rules to govern its procedures sitting as a zoning board of appeals. The zoning board of appeals shall also hear and decide on matters referred to the zoning board of appeals or upon which the zoning board of appeals is required to pass under a zoning ordinance adopted under this act. It shall hear and decide appeals from and review any administrative order, requirement, decision, or determination made by an administrative official or body charged with enforcement of a zoning ordinance adopted under this act. For special land use and planned unit development decisions, an appeal may be taken to the zoning board of appeals only if provided for in the zoning ordinance.
(2) The concurring vote of a majority of the members of the zoning board of appeals is necessary to reverse an order, requirement, decision, or determination of the administrative official or body, to decide in favor of the applicant on a matter upon which the zoning board of appeals is required to pass under the zoning ordinance, or to grant a variance in the zoning ordinance.
History:
2006, Act 110, Eff. July 1, 2006
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article VI - Zoning Board of Appeals (125.3601...125.3607) › Section 125.3605 - Decision as Final; Appeal to Circuit Court.

125.3605 Decision as final; appeal to circuit court.
Sec. 605.
The decision of the zoning board of appeals shall be final. A party aggrieved by the decision may appeal to the circuit court for the county in which the property is located as provided under section 606.
History:
2006, Act 110, Eff. July 1, 2006
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article VI - Zoning Board of Appeals (125.3601...125.3607) › Section 125.3606 - Circuit Court; Review; Duties.

125.3606 Circuit court; review; duties.
Sec. 606.
(1) Any party aggrieved by a decision of the zoning board of appeals may appeal to the circuit court for the county in which the property is located. The circuit court shall review the record and decision to ensure that the decision meets all of the following requirements:
(a) Complies with the constitution and laws of the state.
(b) Is based upon proper procedure.
(c) Is supported by competent, material, and substantial evidence on the record.
(d) Represents the reasonable exercise of discretion granted by law to the zoning board of appeals.
(2) If the court finds the record inadequate to make the review required by this section or finds that additional material evidence exists that with good reason was not presented, the court shall order further proceedings on conditions that the court considers proper. The zoning board of appeals may modify its findings and decision as a result of the new proceedings or may affirm the original decision. The supplementary record and decision shall be filed with the court. The court may affirm, reverse, or modify the decision.
(3) An appeal from a decision of a zoning board of appeals shall be filed within whichever of the following deadlines comes first:
(a) Thirty days after the zoning board of appeals issues its decision in writing signed by the chairperson, if there is a chairperson, or signed by the members of the zoning board of appeals, if there is no chairperson.
(b) Twenty-one days after the zoning board of appeals approves the minutes of its decision.
(4) The court may affirm, reverse, or modify the decision of the zoning board of appeals. The court may make other orders as justice requires.
History:
2006, Act 110, Eff. July 1, 2006 ;-- Am. 2008, Act 12, Imd. Eff. Feb. 29, 2008 ;-- Am. 2010, Act 330, Imd. Eff. Dec. 21, 2010
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article VI - Zoning Board of Appeals (125.3601...125.3607) › Section 125.3607 - Party Aggrieved by Order, Determination, or Decision; Circuit Court Review; Proper Party.

125.3607 Party aggrieved by order, determination, or decision; circuit court review; proper party.
Sec. 607.
(1) Any party aggrieved by any order, determination, or decision of any officer, agency, board, commission, zoning board of appeals, or legislative body of any local unit of government made under section 208 may obtain a review in the circuit court for the county in which the property is located. The review shall be in accordance with section 606.
(2) Any person required to be given notice under section 604(4) of the appeal of any order, determination, or decision made under section 208 shall be a proper party to any action for review under this section.
History:
2006, Act 110, Eff. July 1, 2006
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article VII - Statutory Compliance and Repealer (125.3701...125.3702) › Section 125.3701 - Compliance With Open Meetings Act; Availability of Writings to Public.

125.3701 Compliance with open meetings act; availability of writings to public.
Sec. 701.
(1) All meetings subject to this act shall be conducted in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.
(2) A writing prepared, owned, used, in the possession of, or retained as required by this act shall be made available to the public in compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
History:
2006, Act 110, Eff. July 1, 2006
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 110 of 2006 - Michigan Zoning Enabling Act (125.3101 - 125.3702) › Article VII - Statutory Compliance and Repealer (125.3701...125.3702) › Section 125.3702 - Repeal of MCL 125.581 to 125.600, 125.201 to 125.240, and 125.271 to 125.310; Construction of Section.

125.3702 Repeal of MCL 125.581 to 125.600, 125.201 to 125.240, and 125.271 to 125.310; construction of section.
Sec. 702.
(1) The following acts and parts of acts are repealed:
(a) The city and village zoning act, 1921 PA 207, MCL 125.581 to 125.600.
(b) The county zoning act, 1943 PA 183, MCL 125.201 to 125.240.
(c) The township zoning act, 1943 PA 184, MCL 125.271 to 125.310.
(2) This section does not alter, limit, void, affect, or abate any pending litigation, administrative proceeding, or appeal that existed on June 30, 2006 or any ordinance, order, permit, or decision that was based on the acts repealed under subsection (1). The zoning ordinance need not be readopted but is subject to the requirements of this act, including, but not limited to, the amendment procedures set forth in this act.
History:
2006, Act 110, Eff. July 1, 2006 ;-- Am. 2008, Act 12, Imd. Eff. Feb. 29, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 33 of 2008 - Michigan Planning Enabling Act (125.3801 - 125.3885) › Article I - . General Provisions (125.3801...125.3807) › Section 125.3801 - Short Title.

125.3801 Short title.
Sec. 1.
This act shall be known and may be cited as the "Michigan planning enabling act".
History:
2008, Act 33, Eff. Sept. 1, 2008
2023 Michigan Compiled Laws › Chapter 125 - Planning, Housing, and Zoning › Act 33 of 2008 - Michigan Planning Enabling Act (125.3801 - 125.3885) › Article I - . General Provisions (125.3801...125.3807) › Section 125.3805 - Assignment of Power or Duty to County Officer or Body.

125.3805 Assignment of power or duty to county officer or body.
Sec. 5.
The assignment of a power or duty under this act to a county officer or body is subject to 1966 PA 293, MCL 45.501 to 45.521, or 1973 PA 139, MCL 45.551 to 45.573, in a county organized under 1 of those acts.
History:
2008, Act 33, Eff. Sept. 1, 2008