 |
 |
 |
|
|
|
|
|
NEWS: NEW MICHIGAN ZONING ENABLING ACT GOES INTO EFFECT JULY 1, 2006 – APPLIES TO ALL COMMUNITIES WITH ZONING ORDINANCES. Effective July 1, 2006, the following acts will be repealed and replaced with the new Michigan Zoning Enabling Act (PA 110 of 2006): The City and Village Zoning Act (PA 207 of 1921) The Township Zoning Act (PA 184 of 1943) The County Zoning Act (PA 183 of 1943) What does this mean? All three Zoning Enabling Acts have now been consolidated under one, unified Michigan Zoning Enabling Act. Statutory changes will require that all communities amend your zoning ordinances to be in compliance with these new regulations. When do we have to comply?\ Zoning ordinances do NOT have to be amended before this new law goes into effect. **However, requirements spelled out in the new law must be followed by your city, village, township or county as of July 1, 2006 regardless of what your zoning ordinance currently says.** Therefore, to avoid confusion from differing requirements of the Zoning Enabling Act and your local zoning ordinance, it is a good idea to make the necessary amendments. What has changed? The following list refers to changes that have been made in the new Michigan Zoning Enabling Act: · Public Notice Requirements: All public notice requirements in cities, villages, townships and counties for all zoning activities have been consolidated into a single, common set of requirements. Communities must comply with these requirements as of July 1, 2006. · Zoning Board/Zoning Commission Phase Out: The statute gradually phases out Zoning Boards and Zoning Commissions (NOT ZBA). Zoning responsibilities that currently lie with these Boards will be transferred to the Planning Commission if the community has not already done so. The phase out must be complete by June 30, 2011. · Misfeasance, Malfeasance or Nonfeasance Applicable to Zoning Boards, Zoning Commissions, and ZBAs The new law says that the legislative body shall provide for the removal of a member of the Zoning Commission for misfeasance, malfeasance, and nonfeasance in office. The language also states that a member must disqualify himself where a conflict of interest is involved. · Zoning Boards and Zoning Commissions must publish notice of their meetings Zoning Boards are required to publish notice of their meetings not less than 15 days before the meeting. · Zoning Board of Appeals o Authority for use variance and vote requirements – use variances are now only allowed in cities and villages and those townships and counties with use variance authority in their ordinances as of Feb. 15, 2006. All are subject to a 2/3 majority vote requirement to grant a use variance (2/3 of the entire ZBA). o Standards for use and non-use variances Use variances now require a showing of unnecessary hardship and non-use (dimensional) variances require a showing of practical difficulty. o Alternate members in counties It is now permissible to appoint alternates to a County ZBA. o 3-person ZBA OK in cities and villages, but change in counties A 3-person ZBA is permitted in a city, village, or county with a population less than 5,000. o Affected vs. aggrieved parties on appeals The term “affected parties” should be changed to “aggrieved parties.” o Zoning Commission member of Planning Commission member required on ZBA A member of the Planning Commission or Zoning Commission must sit on the ZBA. o Vacancies on ZBA must be filled within one month · Special Land Use Decision – Written findings and conclusions are required which specify the basis for any Special Land Use approval or denial. · Removal of State Review on County Zoning If a county has a zoning provision that recognizes state review and approval of county zoning amendments, the provision can be removed. · County Zoning Taxes – removed If the county zoning ordinance has a provision allowing the levying of a tax to support zoning administration, that provision should be removed. · Nonconforming Uses in Townships and Counties Townships and counties may provide for some or all of the elements listed pertaining to nonconforming uses: completion, resumption, restoration, reconstruction, extension, or substitution. Also, a person aggrieved of a decision on nonconforming uses may appeal to circuit court and the court must apply the standards applicable to reviews of ZBA decisions. · Discretion in Application of Standards for Adult Foster Care Facilities in Cities and Villages Adult foster care facility standards are consolidated requiring townships and counties to issue special use permits, conditional use permits and similar permits if group day-care homes meet certain standards, whereas cities as villages are given discretion in the issuance of such permits. · New Authority for Interim Zoning in Cities and Villages Authority for interim zoning now applies to cities and villages as well as to townships and counties. · Township Board Consideration of Recommendation on Zoning Text or Map After a township board reviews a zoning amendment recommendation by the Planning Commission, if a change is necessary to the recommendation, the referral back to the Planning Commission is optional.
For more information concerning these changes, refer to the full text of the Michigan Zoning Enabling Act or contact NEMCOG: Denise Cline, GIS Specialist/Community Planner
|