Mich. Comp. Laws § 125.3101
Short title.
This act shall be known and may be cited as the "Michigan zoning enabling act".
Michigan Compiled Laws — MICHIGAN ZONING ENABLING ACT (Act 110 of 2006)
Michigan · statute · 110 of 2006, Mich. Comp. Laws · 50 active provisions
Mich. Comp. Laws § 125.3102
Definitions.
As used in this act: (a) "Agricultural land" means substantially undeveloped land devoted to the production of plants and animals useful to humans, including, but not limited to, forage and sod crops, grains, feed crops, field crops, dairy products, poultry and poultry products, livestock, herbs, flowers, seeds, grasse…
Mich. Comp. Laws § 125.3103
Notice; publication; mail or personal delivery; requirements.
(1) Except as otherwise provided under this act, if a local unit of government conducts a public hearing required under this act, the local unit of government shall publish notice of the hearing in a newspaper of general circulation in the local unit of government not less than 15 days before the date of the hearing. (…
Mich. Comp. Laws § 125.3201
Regulation of land development and establishment of districts; provisions; uniformity of regulations; designations; limitations.
(1) A local unit of government may provide by zoning ordinance for the regulation of land development and the establishment of 1 or more districts within its zoning jurisdiction which regulate the use of land and structures to meet the needs of the state's citizens for food, fiber, energy, and other natural resources,…
Mich. Comp. Laws § 125.3202
Zoning ordinance; determination by local legislative body; amendments or supplements; notice of proposed rezoning.
(1) The legislative body of a local unit of government may provide by ordinance for the manner in which the regulations and boundaries of districts or zones shall be determined and enforced or amended or supplemented. Amendments or supplements to the zoning ordinance shall be adopted in the same manner as provided unde…
Mich. Comp. Laws § 125.3203
Zoning ordinance; plan; incorporation of airport layout plan or airport approach plan; zoning ordinance adopted before or after March 28, 2001; applicability of public transportation facilities.
(1) A zoning ordinance shall be based upon a plan designed to promote the public health, safety, and general welfare, to encourage the use of lands in accordance with their character and adaptability, to limit the improper use of land, to conserve natural resources and energy, to meet the needs of the state's residents…
Mich. Comp. Laws § 125.3204
Single-family residence; instruction in craft or fine art as home occupation.
A zoning ordinance adopted under this act shall provide for the use of a single-family residence by an occupant of that residence for a home occupation to give instruction in a craft or fine art within the residence. This section does not prohibit the regulation of noise, advertising, traffic, hours of operation, or ot…
Mich. Comp. Laws § 125.3205
Zoning ordinance subject to certain acts; regulation or control of oil or gas wells; prohibition; extraction of valuable natural resource; challenge to zoning decision; serious consequences resulting from extraction; factors; regulations not limited.
(1) A zoning ordinance is subject to all of the following: (a) The electric transmission line certification act, 1995 PA 30, MCL 460.561 to 460.575. (b) The regional transit authority act, 2012 PA 387, MCL 124.541 to 124.558. (c) The small wireless communications facilities deployment act, 2018 PA 365, MCL 460.1301 to…
Mich. Comp. Laws § 125.3205a
Amateur radio service station antenna structures.
(1) 47 CFR 97.15 provides that owners of certain amateur radio service station antenna structures more than 60.96 meters (200 feet) above ground level at the site or located near or at a public use airport must notify the federal aviation administration and register with the federal communications commission as require…
Mich. Comp. Laws § 125.3205d
Zoning ordinance; prohibition or regulation of commemorative signs.
(1) A zoning ordinance shall not regulate or prohibit a sign that is located on or within a building and that commemorates any of the following: (a) Any of the following who die in the line of duty: (i) Police officers. (ii) Firefighters. (iii) Medical first responders. (iv) Members of the United States Armed Forces. (…
Mich. Comp. Laws § 125.3206
Residential use of property; adult foster care facilities; family, group child care homes, or qualified residential treatment programs.
(1) Except as provided in subsection (2), each of the following is a residential use of property for the purposes of zoning and a permitted use in all residential zones and is not subject to a special use or conditional use permit or procedure different from those required for other dwellings of similar density in the…
Mich. Comp. Laws § 125.3207
Zoning ordinance or decision; effect as prohibiting establishment of land use.
A zoning ordinance or zoning decision shall not have the effect of totally prohibiting the establishment of a land use within a local unit of government in the presence of a demonstrated need for that land use within either that local unit of government or the surrounding area within the state, unless a location within…
Mich. Comp. Laws § 125.3208
Nonconforming uses or structures.
(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 subsection is intended to codify the law as it e…
Mich. Comp. Laws § 125.3209
Township zoning ordinance not subject to county ordinance, rule, or regulation.
Except as otherwise provided under this act, a township that has enacted a zoning ordinance under this act is not subject to an ordinance, rule, or regulation adopted by a county under this act.
Mich. Comp. Laws § 125.3210
Ordinance as controlling.
Except as otherwise provided under this act, an ordinance adopted under this act shall be controlling in the case of any inconsistencies between the ordinance and an ordinance adopted under any other law.
Mich. Comp. Laws § 125.3211
Appointment of zoning commission by legislative body; purposes; petition; initiation of action to formulate zoning commission and zoning ordinance.
(1) The legislative body may proceed with the adoption of a zoning ordinance containing land development regulations and establishing zoning districts under this act upon appointment of a zoning commission as provided in section 301. (2) The legislative body may appoint a zoning commission for purposes of formulating a…
Mich. Comp. Laws § 125.3301
Zoning commission; creation; transfer of powers to planning commission; resolution; membership; terms; successors; vacancy; limitation; removal of member; officers.
(1) Each local unit of government in which the legislative body exercises authority under this act shall create a zoning commission unless 1 of the following applies: (a) A county zoning commission created under former 1943 PA 183, a township zoning board created under former 1943 PA 184, or a city or village zoning co…
Mich. Comp. Laws § 125.3302
Expenses; compensation.
Members of the zoning commission may be reimbursed for reasonable expenses actually incurred in the discharge of their duties and may receive compensation as fixed by the legislative body.
Mich. Comp. Laws § 125.3303
Planning expert; compensation.
(1) With the approval of the legislative body, the zoning commission may engage the services of a planning expert. Compensation for the planning expert shall be paid by the legislative body. (2) The zoning commission shall consider any information and recommendations furnished by appropriate public officials, departmen…
Mich. Comp. Laws § 125.3304
Regular meetings; notice; zoning commission subject to open meetings act.
The zoning commission shall hold a minimum of 2 regular meetings annually, giving notice of the time and place by publication in a newspaper of general circulation in the zoning jurisdiction. Notice shall be given not less than 15 days before the meeting. The zoning commission is subject to the open meetings act, 1976…
Mich. Comp. Laws § 125.3305
Recommendations of zoning commission; adoption and filing.
The zoning commission shall adopt and file with the legislative body the following recommendations: (a) A zoning plan for the areas subject to zoning of the local unit of government. (b) The establishment of zoning districts, including the boundaries of those districts. (c) The text of a zoning ordinance with the neces…
Mich. Comp. Laws § 125.3306
Recommendations of zoning commission; submission to legislative body; public hearing; notice; examination of proposed text and maps.
(1) Before submitting its recommendations for a proposed zoning ordinance to the legislative body, the zoning commission shall hold at least 1 public hearing. Notice of the time and place of the public hearing shall be given in the same manner as required under section 103(1) for the initial adoption of a zoning ordina…
Mich. Comp. Laws § 125.3307
Review and recommendations after hearing; submission to township; submission to coordinating zoning committee; waiver of right to review.
(1) Following the hearing required in section 306, a township shall submit for review and recommendation the proposed zoning ordinance, including any zoning maps, to the zoning commission of the county in which the township is situated if a county zoning commission has been appointed as provided under this act. (2) If…
Mich. Comp. Laws § 125.3308
Summary of public hearing comments; transmission to legislative body by zoning commission; report.
(1) Following the required public hearing under section 306, the zoning commission shall transmit a summary of comments received at the hearing and its proposed zoning ordinance, including any zoning maps and recommendations, to the legislative body of the local unit of government. (2) Following the enactment of the zo…
Mich. Comp. Laws § 125.3401
Public hearing to be held by legislative body; conditions; notice; approval of zoning ordinance and amendments by legislative body; filing; notice of ordinance adoption; notice mailed to airport manager; information to be included in notice; other statutory requirements superseded.
(1) After receiving a zoning ordinance under section 308(1) or an amendment under sections 202 and 308(1), the legislative body may hold a public hearing if it considers it necessary or if otherwise required. (2) Notice of a public hearing to be held by the legislative body shall be given in the same manner as required…
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