Senate Introduced Bill 173























SENATE BILL NO. 173


   January 28, 1999, Introduced by Senator STILLE and referred to 
        the Committee on Local, Urban and State Affairs.



        A bill to amend 1943 PA 183, entitled

   "County zoning act,"

   by amending the title and section 1 (MCL 125.201), the title as

   amended by 1998 PA 151 and section 1 as amended by 1996 PA 46.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                                  TITLE

 2         An act to provide for the establishment in portions of coun-

 3    ties lying outside the limits of incorporated cities and villages

 4    of zoning districts within which the proper use of land and natu-

 5    ral resources may be encouraged or regulated by ordinance, and

 6    for which districts provisions may also be adopted designating

 7    the location of, the size of, the uses that may be made of, the

 8    minimum open spaces, sanitary, safety, and protective measures

 9    that are required for, and the maximum number of families that

10    may be housed in dwellings, buildings, and structures  that
             are


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 1    erected or altered  AND REGULATING THE SIZE AND
             DENSITY OF LOTS

 2    AND PARCELS OF LAND; to designate the use of certain state

 3    licensed residential facilities; to provide for a method for the

 4    adoption of ordinances and amendments to ordinances; to provide

 5    for emergency interim ordinances; to provide by ordinance for the

 6    acquisition by purchase, condemnation, or otherwise, of property

 7    that does not conform to the requirements of the zoning districts

 8    so provided; to provide for the administering of ordinances

 9    adopted; to provide for conflicts with other acts, ordinances, or

10    regulations;  to provide sanctions for violations; 
             to provide

11    for the assessment, levy, and collection of taxes; to provide for

12    referenda; to provide for appeals; to authorize the purchase of

13    development rights; to authorize the issuance of bonds and notes;

14    to provide for special assessments; and to prescribe 
             penalties

15     and provide  OR PROVIDE FOR PENALTIES, CIVIL
                       SANCTIONS, AND

16    remedies.

17         Sec. 1.  (1) The county board of commissioners of a county

18     in this state  may provide by zoning ordinance for
             the estab-

19    lishment of land development regulations and districts in the

20    portions of the county outside the limits of cities and villages

21     which  THAT regulate the use of land  ; to
              AND STRUCTURES FOR

22    ANY OF THE FOLLOWING PURPOSES:

23         (A) TO meet the needs of the state's citizens for food,

24    fiber, energy, and other natural resources  ,  AND
             FOR places of

25    residence, recreation, industry, trade, service, and other LAND

26    uses.  of land; to insure that uses of the land shall be
             





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 1         (B) TO ENSURE THAT LAND USES ARE situated in appropriate

 2    locations and relationships.  ; to 

 3         (C) TO limit the  inappropriate congestion of
             population and

 4     the  overcrowding of land  ,  AND
                       CONGESTION OF POPULATION AND OF

 5    transportation systems  ,  and other public
             facilities.  ; to 

 6         (D) TO facilitate adequate and efficient transportation sys-

 7    tems, sewage disposal,  and  water, energy,
             education, recre-

 8    ation, and other public  service  SERVICES and
              facility needs;

 9     and to  FACILITIES.

10         (E) TO promote public health, safety, and welfare.

11         (2) For  those purposes the county board of
             commissioners

12     may divide  THE PURPOSES OF SUBSECTION (1), A
                       ZONING ORDINANCE

13    MAY DO 1 OR MORE OF THE FOLLOWING:

14         (A) DIVIDE the county into districts of a number, shape, and

15    area  as is considered best suited to carry out this act. 
             The

16     county board of commissioners of a county may use this act
                       to

17     provide by ordinance  THAT THE COUNTY BOARD OF
                       COMMISSIONERS CON-

18    SIDERS BEST.

19         (B) PROVIDE for the establishment of land development regu-

20    lations and districts in the portions of the county outside the

21    limits of cities and villages  which  THAT apply
             only to land

22    areas and activities  which  THAT are involved in a
             special pro-

23    gram to achieve specific land management objectives and avert or

24    solve specific land use problems, including the establishment of

25    land development regulations and districts in areas subject to

26    damage from flooding or beach erosion.  , and for those
             purposes 

27    THE ZONING ORDINANCE may divide the county into districts of a



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                                   4

 1    number, shape, and area  as is considered  THAT THE
             COUNTY BOARD

 2    OF COMMISSIONERS CONSIDERS best suited to accomplish those

 3    objectives.  Land development regulations may also be
             adopted

 4     designating or limiting the 

 5         (C) REGULATE 1 OR MORE OF THE FOLLOWING:

 6         (i) THE location, size of, and  the 
             specific uses  for

 7     which a dwelling, building, or structure  OF
                       DWELLINGS, BUILD-

 8    INGS, OR STRUCTURES THAT may be erected or altered.  ; the
             

 9         (ii) THE minimum open spaces, sanitary, safety, and
             protec-

10    tive measures that shall be required for  those 
             THE dwellings,

11    buildings, and structures.  ; and the 

12         (iii) THE maximum number of families  which
              THAT may be

13    housed in  a building or dwelling erected or altered.  The

14     regulations  THE DWELLINGS, BUILDINGS, OR
                       STRUCTURES.

15         (D) REGULATE THE SIZE OF LOTS AND PARCELS AND THE DENSITY OF

16    LOTS AND PARCELS.

17         (3) THE REGULATIONS OF A ZONING ORDINANCE shall be uniform

18    for each class of land or buildings throughout each district, but

19    the regulations in 1 district may differ from those in other

20    districts.

21         (4) A county  board of commissioners may 
             SHALL not under

22    this act, or under an ordinance adopted pursuant to this act,

23    regulate or control the drilling, completion, or operation of an

24    oil or gas well, or any other well drilled for oil or gas explo-

25    ration purposes and  shall  DOES not have
             jurisdiction  with ref-

26     erence to  OVER the issuance of permits for the
                       location,

27    drilling, completion, operation, or abandonment of those wells.



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 1     Jurisdiction over those wells shall be  THE
             JURISDICTION OVER

 2    WELLS IS vested exclusively in the supervisor of wells of the

 3    state, as provided in part 615  (supervisor of wells)
              of the

 4    natural resources and environmental protection act,  Act No.
             451

 5     of the Public Acts of 1994, being sections 324.61501 to
                       324.61527

 6     of the Michigan Compiled Laws  1994 PA 451, MCL
                       324.61501 TO

 7    324.61527.

 8         (5)  (2)  An ordinance adopted pursuant to
             this act is

 9    subject to the electric transmission line certification act, 1995

10    PA 30, MCL 460.561 TO 460.575.




































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