2005 House Bill 4398 / 2006 Public Act 110

Recodify zoning local zoning law

Introduced in the House

Feb. 23, 2005

Introduced by Rep. Kevin Elsenheimer (R-105)

To recodify the state law authorizing city, village, township and county zoning laws into a single public act.

Referred to the Committee on Local Government and Urban Policy

May 26, 2005

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

June 1, 2005

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

Amendment offered by Rep. Kevin Elsenheimer (R-105)

To specify decision standards for granting zoning variances in cases where there are practical difficulties or unnecessary hardships in complying with zoning.

The amendment passed by voice vote

Amendment offered by Rep. Kevin Elsenheimer (R-105)

To establish that the purpose of zoning laws is "to meet the needs of the state's citizens for food, fiber, energy, and other natural resources, places of residence, recreation, industry, trade, service, and other uses of land, to ensure that use of the land is situated in appropriate locations and relationships, to limit the inappropriate overcrowding of land and congestion of population, transportation systems, and other public facilities, to facilitate adequate and efficient provision for transportation systems, sewage disposal, water, energy, education, recreation, and other public service and facility requirements, and to promote public health, safety, and welfare".

The amendment passed by voice vote

June 2, 2005

Passed in the House 103 to 0 (details)

Received in the Senate

June 7, 2005

Referred to the Committee on Local, Urban, and State Affairs

March 16, 2006

Reported without amendment

With the recommendation that the substitute (S-4) be adopted and that the bill then pass.

March 22, 2006

Substitute offered

To replace the previous version of the bill with one that would allow cities and villages to grant variances on the allowable uses of parcels, but not allow any townships and counties that do not currently have this authority to assume it. It would also require a two-thirds vote of the members of a zoning board of appeals to grant a use variance.

The substitute passed by voice vote

March 23, 2006

Passed in the Senate 37 to 0 (details)

To recodify the state law authorizing city, village, township and county zoning laws into a single public act. Cities and villages would be allowed to grant variances on the allowable uses of parcels, but townships and counties that do not currently have this authority would not be allowed to assume it. The bill would also require a two-thirds vote of the members of a zoning board of appeals to grant a use variance.

Received in the House

March 23, 2006

March 28, 2006

Passed in the House 106 to 0 (details)

To concur with the Senate-passed version of the bill.

Signed by Gov. Jennifer Granholm

April 7, 2006