2006 MICHIGAN ZONING ENABLING ACT (Public Act 110 of 2006)

Effective July 1, 2006

1. Repeals the current Zoning Act.

2. Prior to enactment, there were three acts, one for cities and villages, one for Townships and one for counties.

3. Uniform Hearing Notice Provision for zoning ordinances, zoning ordinance amendments, variances, special land use, rezonings and planned unit developments:

a. One uniform hearing notice – once in the newspaper at least 15 days before the public hearing;

b. Property notices must be mailed to property owners within 300 feet at least 15 days before the public hearing.

c. Property notices must be sent to owners of property within 300 feet regardless of which municipality the 300 feet of the property extends into.

d. Property notices must be sent to occupants, as well as property owners, within 300 feet.

e. If a rezoning request involves a rezoning of 11 or more adjacent properties, property notices are not required.

4. Since it is not known if the Township ever officially transferred the powers of a zoning commission to the Planning Commission, the Board will act on a resolution to transfer the powers to the PC.

5. May (rather than shall) provide for restoration or reconstruction of nonconformities.

6. At least once a year, the Planning Commission must prepare a report for the legislative body on the administration and enforcement of the zoning ordinance and recommendations for amendments or supplements.

7. The current act requires that if the Board does NOT concur with the Planning Commission’s recommendation for a rezoning or text amendment, the matter must be sent back to the PC for another recommendation. After the second recommendation, the Board could take any action. With the new act, the Board need not send the matter back to the PC for a second recommendation.

8. Alternate ZBA members can substitute for one ZBA meeting.

9. A concurring vote of the majority of the members of the ZBA is required to decide an action. (Do not need to offer options of use variances.)

10. ZBA property notices must be sent to owners and occupants within 300 feet at least 15 days before a public hearing (before there was no requirement). Notices must also be published not less than 15 days prior to the public hearing.

http://www.michigantownships.org/downloads/final_mzea_information_packet_may_2006.pdf