Bill Text: MI HB6400 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Land use; zoning and growth management; Michigan zoning enabling act; exempt certain adult care facilities from special or conditional use permits. Amends sec. 206 of 2006 PA 110 (MCL 125.3206).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-31 - Assigned Pa 513'18 With Immediate Effect [HB6400 Detail]
Download: Michigan-2017-HB6400-Engrossed.html
HB-6400, As Passed Senate, December 18, 2018
HOUSE BILL No. 6400
September 26, 2018, Introduced by Reps. Noble and Liberati and referred to the Committee on Families, Children, and Seniors.
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 (2),
a
state licensed residential facility shall be considered 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 same zone: .
(i) A state licensed residential facility.
House Bill No. 6400 as amended December 18, 2018
(ii) A facility <<in use as>> described in section 3(4)(k) of the
adult
foster care facility licensing act, 1979 PA 218, MCL 400.703.
(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) 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 required for other dwellings of similar density in the same
zone.
(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 substance abuse treatment
and
rehabilitation
service use disorder services
to 7 or more people
that
is licensed under article 6 part 62 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 that
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.
(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.
(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.
(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
home's compliance with and enforcing the local unit
of
government's
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.
(8)
The subsequent establishment of any of the facilities
listed
under subsection (4)(a) will not affect any subsequent after
issuance
of a special use permit, renewal,
conditional use permit,
renewal,
or other similar permit renewal pertaining
to the group
child care home does not affect renewal of that permit.
(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).
(10) The distances required under subsection (4)(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.
Enacting section 2. This amendatory act does not take effect
unless House Bill No. 5505 of the 99th Legislature is enacted into
law.
