HB 5732

HOUSE BILL NO. 5732
A bill to amend 2006 PA 110, entitled
"Michigan zoning enabling act,"
by amending section 206 (MCL 125.3206), as amended by
2022 PA 206.
the people of the state of michigan enact:
Sec. 206. (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 same zone:
(a) A state
licensed residential facility.
(b) 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.
(c) A qualified
residential treatment program that provides services for 10 or fewer
individuals.
(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 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 must 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 use
disorder services to 7 or more people that is licensed or exempt from licensure under part 62 of the public
health code, 1978 PA 368, MCL 333.6230 to 333.6251.
(iv) A community correction center, resident
home, halfway house, or other similar facility 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 the operator's 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 this section.
(7) This section
does not prohibit a local unit of government from inspecting a family or group
child care home for the home's compliance with and enforcing the local unit of
government's zoning ordinance. For a county or township, an ordinance shall must not be
more restrictive for a family or group child care home than 1973 PA 116, MCL
722.111 to 722.128.
(8) The
establishment of any of the facilities listed under subsection (4)(a) after
issuance of a special use permit, conditional use permit, or other similar
permit pertaining to the group child care home does not affect renewal of that
permit.
(9) 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 group child care
home that does not meet the standards listed under subsection (4).
(10) The distances
required under subsection (4)(a) shall must 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 does not take
effect unless House Bill No. 5729 (request no. H03349'25) of the 103rd
Legislature is enacted into law.