Bill Text: MI SB0105 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Natural resources; sand dunes; issuance of a variance to a public entity; provide criteria for. Amends sec. 35317 of 1994 PA 451 (MCL 324.35317).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-02-12 - Referred To Committee On Natural Resources [SB0105 Detail]

Download: Michigan-2019-SB0105-Introduced.html

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SENATE BILL No. 105

 

 

February 12, 2019, Introduced by Senator VANDERWALL and referred to the Committee on Natural Resources.

 

 

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending section 35317 (MCL 324.35317), as amended by 2012 PA

 

297.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 35317. (1) A local unit of government may issue variances

 

under a zoning ordinance, or the department may issue special

 

exceptions under the model zoning plan if a local unit of

 

government does not have an approved zoning ordinance, if a

 

practical difficulty will occur to the owner of the property if the

 

variance or special exception is not granted. In determining

 

whether a practical difficulty will occur if a variance or special

 

exception is not granted, primary consideration shall be given to

ensuring both of the following: assuring that

 

     (a) The protection of human health and safety. are protected

 

by the determination and that the determination complies

 

     (b) Compliance with applicable local zoning, other state laws,

 

and federal law.

 

     (2) If a practical difficulty will occur to the owner of the

 

property if the variance or special exception is not granted, a

 

variance or special exception shall be granted under this section

 

unless the local unit of government or the department determines

 

that the use will significantly damage the public interest on the

 

privately owned land, or, if the land is publicly owned, the public

 

interest in the publicly owned land, by significant and

 

unreasonable depletion or degradation of any of the following:

 

     (a) The diversity of the critical dune areas within the local

 

unit of government.

 

     (b) The quality of the critical dune areas within the local

 

unit of government.

 

     (c) The functions of the critical dune areas within the local

 

unit of government.

 

     (3) (2) The decision of the local unit of government or the

 

department shall be in writing and shall be based upon evidence

 

that would meet the standards in section 75 of the administrative

 

procedures act of 1969, 1969 PA 306, MCL 24.275. A decision denying

 

a variance or special exception shall document, and any review

 

upholding the decision shall determine, all of the following:

 

     (a) That the local unit of government or the department has

 

met the burden of proof under subsection (1).(2).

     (b) That the decision is based upon sufficient facts or data.

 

     (c) That the decision is the product of reliable scientific

 

principles and methods.

 

     (d) That the decision has applied the principles and methods

 

reliably to the facts.

 

     (e) That the facts or data upon which the decision is based

 

are recorded in the file.

 

     (4) (3) A local unit of government or the department shall not

 

require an environmental site assessment or environmental impact

 

statement for a variance except for a special use project.

 

     (5) (4) A variance shall not be granted from a setback

 

requirement provided for under the model zoning plan or an

 

equivalent zoning ordinance approved under section 35034 35304

 

enacted pursuant to this part unless the property for which the

 

variance is requested is 1 of the following:

 

     (a) A nonconforming lot of record that is recorded prior to

 

July 5, 1989, and that becomes nonconforming due to the operation

 

of this part or a zoning ordinance.

 

     (b) A lot legally created after July 5, 1989 that later

 

becomes nonconforming due to natural shoreline erosion.

 

     (c) Property on which the base of the first landward critical

 

dune of at least 20 feet in height that is not a foredune is

 

located at least 500 feet inland from the first foredune crest or

 

line of vegetation on the property. However, the setback shall be a

 

minimum of 200 feet measured from the foredune crest or line of

 

vegetation.

 

     (6) (5) Each local unit of government that has issued a

variance for a use other than a special use project during the

 

previous 12 months shall file an annual report with the department

 

indicating variances that have been granted by the local unit of

 

government during that period.

 

     (7) (6) Upon receipt of an application for a special exception

 

under the model zoning plan, the department shall forward a copy of

 

the application and all supporting documentation to the local unit

 

of government having jurisdiction over the proposed location. The

 

local unit of government shall have has 60 days to review and

 

comment on the proposed special exception. The department shall not

 

make a decision on a special exception under the model zoning plan

 

until either the local unit of government has commented on the

 

proposed special exception or has waived its opportunity to review

 

the special exception. The local unit of government may waive its

 

opportunity to review the application at any time within 60 days

 

after receipt of the application and supporting documentation by

 

notifying the department in writing. The local unit of government

 

also waives its opportunity to review the application if it fails

 

to act as authorized in this subsection within 60 days. If the

 

local unit of government waives its opportunity to review the

 

application, the local unit of government also waives its

 

opportunity to oppose the decision by the department to issue a

 

special exception. If the local unit of government opposes the

 

issuance of the special exception, the local unit of government

 

shall notify notifies the department, in writing, of its opposition

 

within the 60-day notice period, . If that the local unit of

 

government opposes the issuance of the special exception, the

department shall not issue a special exception. The local unit of

 

government may also consider whether a practical difficulty will

 

occur to the owner of the property if the special exception is not

 

granted by the department and may make a recommendation to the

 

department within the 60-day notice period. The department shall

 

base its determination of whether a practical difficulty exists on

 

information provided by the local unit of government and other

 

pertinent information.

 

     (8) Notwithstanding any other provision of this section, upon

 

application, the department shall issue a special exception under

 

this section if all of the following conditions are met:

 

     (a) The applicant is a local unit of government and the

 

application involves public land that was public land on July 5,

 

1989.

 

     (b) The purpose of the application is to provide a view of 1

 

of the Great Lakes, from a parking lot that was lawful and in

 

existence on July 5, 1989.

 

     (c) The special exception is for a proposed project that would

 

benefit the citizens and visitors of that local unit of government

 

as evidenced by the adoption of a resolution in support of the

 

special exception by the governing body of that local unit of

 

government.

 

     (d) The resolution adopted under subdivision (c) demonstrates

 

that the proposed project would meet the criteria set forth in

 

section 35302.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.