SENATE BILL No. 23

January 30, 2001, 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 FOR PENALTIES, CIVIL SANCTIONS, AND remedies.

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

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

18 lishment of land development regulations and districts in the

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

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

21 ANY OF THE FOLLOWING PURPOSES:

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

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

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

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

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

27 locations and relationships. ; to

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

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

3 transportation systems , and other public facilities. ; to

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

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

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

7 and to FACILITIES.

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

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

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

11 MAY DO 1 OR MORE OF THE FOLLOWING:

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

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

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

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

16 SIDERS BEST.

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

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

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

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

21 gram to achieve specific land management objectives and avert or

22 solve specific land use problems, including the establishment of

23 land development regulations and districts in areas subject to

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

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

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

27 OF COMMISSIONERS CONSIDERS best suited to accomplish those

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1 objectives. Land development regulations may also be adopted

2 designating or limiting the

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

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

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

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

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

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

9 buildings, and structures. ; and the

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

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

12 regulations THE DWELLINGS, BUILDINGS, OR STRUCTURES.

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

14 LOTS AND PARCELS.

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

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

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

18 districts.

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

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

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

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

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

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

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

26 Jurisdiction over those wells shall be THE JURISDICTION OVER

27 THOSE WELLS IS vested exclusively in the supervisor of wells of

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

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

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

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

5 324.61527.

6 (5) (2) An ordinance adopted pursuant to this act is

7 subject to the electric transmission line certification act, 1995

8 PA 30, MCL 460.561 TO 460.575.

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