Bill Text: MI HB5041 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Land use; zoning and growth management; nonconforming property; allow for improvements or additions. Amends sec. 208 of 2006 PA 110 (MCL 125.3208).
Spectrum: Slight Partisan Bill (Republican 6-2)
Status: (Introduced - Dead) 2015-11-04 - Printed Bill Filed 11/04/2015 [HB5041 Detail]
Download: Michigan-2015-HB5041-Introduced.html
HOUSE BILL No. 5041
November 3, 2015, Introduced by Reps. Chatfield, Runestad, Maturen, Heise, Aaron Miller, Sheppard, Brunner and Rutledge and referred to the Committee on Local Government.
A bill to amend 2006 PA 110, entitled
"Michigan zoning enabling act,"
by amending section 208 (MCL 125.3208), as amended by 2010 PA 330.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 Subject
to subsections (5) to (7),
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 Subject to subsection (5),
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 Subject to
subsection (5), the legislative body
may institute proceedings for condemnation of nonconforming uses
and structures under 1911 PA 149, MCL 213.21 to 213.25.
(5) Except as provided in subsection (6), the owner of a
residential property used for a nonconforming residential rental
use or of a nonconforming residential rental structure may do any
of the following:
(a) Make any improvements or additions to the nonconforming
residential rental use or nonconforming residential rental
structure.
(b) Complete, resume, restore, reconstruct, remodel,
reconfigure, extend, or enlarge the nonconforming residential
rental use or nonconforming residential rental structure.
(6) Subsection (5) does not authorize any of the following:
(a) An increase in the maximum legal or licensed occupancy of
a residential rental structure.
(b) An increase in the footprint or height of a residential
rental structure unless the increase complies with the existing
zoning regulations that apply to the location or the owner obtains
a variance authorizing the increase.
(7) In evaluating an application for a variance for a
nonconforming residential rental structure or nonconforming
residential rental use, a local unit of government shall use the
same standards that apply to conforming residential rental
structures or conforming residential rental uses.
(8) A local unit of government shall not, because a
residential rental structure or residential rental use is
nonconforming, revoke or alter a residential rental license, rental
certificate, or approval for or reduce the existing maximum legal
or licensed occupancy of the residential rental structure or
residential rental use.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
