March 12, 2015, Introduced by Senator SCHUITMAKER and referred to the Committee on Local Government.
A bill to amend 2006 PA 110, entitled
"Michigan zoning enabling act,"
by amending section 206 (MCL 125.3206), as amended by 2007 PA 219.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
206. (1) Except as otherwise provided in subsection
subsections (2) and (3), both of the following apply to a state
licensed residential facility:
(a) It shall be considered a residential use of property for
the purposes of zoning and a permitted use in all residential
zones. and
(b) It 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 same zone.
(2) Subsection (1) does not apply to adult foster care
facilities licensed by a state agency for care and treatment of
persons released from or assigned to adult correctional
institutions.
(3) Subsection (1)(b) does not apply to an adult foster care
facility licensed under the adult foster care facility licensing
act, 1979 PA 218, MCL 400.701 to 400.737, if established after the
effective date of the 2015 amendatory act that added this
subsection, within a city or village, and within 1,500 feet of an
existing licensed adult foster care facility.
(4) (3)
For a county or township, a family
child care home is
considered 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 that are required for other dwellings of similar density in
the same zone.
(5) (4)
For a county or township, a group
child care home
shall be issued a special use permit, conditional use permit, or
other similar permit if the group child care home meets all of the
following standards:
(a) Is located not closer than 1,500 feet to any of the
following:
(i) Another licensed group child care home.
(ii) An adult foster care small group home or large group home
licensed under the adult foster care facility licensing act, 1979
PA 218, MCL 400.701 to 400.737.
(iii) A facility offering a substance abuse
treatment and
rehabilitation
service use disorder services
program to 7 or more
people licensed under article 6 of the public health code, 1978 PA
368,
MCL 333.6101 to 333.6523.333.6230
to 333.6251.
(iv) A community correction center, resident home, halfway
house, or other similar facility which houses an inmate population
under the jurisdiction of the department of corrections.
(b) Has appropriate fencing for the safety of the children in
the group child care home as determined by the local unit of
government.
(c) Maintains the property consistent with the visible
characteristics of the neighborhood.
(d) Does not exceed 16 hours of operation during a 24-hour
period. The local unit of government may limit but not prohibit the
operation of a group child care home between the hours of 10 p.m.
and 6 a.m.
(e) Meets regulations, if any, governing signs used by a group
child care home to identify itself.
(f) Meets regulations, if any, requiring a group child care
home operator to provide off-street parking accommodations for his
or her employees.
(6) (5)
For a city or village, a group
child care home may be
issued a special use permit, conditional use permit, or other
similar permit.
(7) (6)
A licensed or registered family or
group child care
home that operated before March 30, 1989 is not required to comply
with the requirements of this section.
(8) (7)
The requirements of this section shall not prevent
This section does not prohibit a local unit of government from
inspecting and enforcing a family or group child care home for the
home's compliance with the local unit of government's zoning
ordinance. For a county or township, an ordinance shall not be more
restrictive for a family or group child care home than as provided
under 1973 PA 116, MCL 722.111 to 722.128.
(9) (8)
The subsequent establishment of any
of the facilities
listed
under subsection (4)(a) will (5)(a)
does not affect any
subsequent special use permit renewal, conditional use permit
renewal, or other similar permit renewal pertaining to the group
child care home.
(10) (9)
The requirements of this section shall not prevent
This section does not prohibit a local unit of government from
issuing a special use permit, conditional use permit, or other
similar permit to a licensed or registered group child care home
that
does not meet the standards listed under subsection (4).(5).
(11) (10)
The distances required under subsection
(4)(a)
subsections (3) and (5)(a) shall be measured along a road, street,
or place maintained by this state or a local unit of government and
generally open to the public as a matter of right for the purpose
of vehicular traffic, not including an alley.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.