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MI HB4909

Bill

Status

Introduced

9/29/2015

Primary Sponsor

John Kivela

Click for details

Origin

House of Representatives

98th Legislature

AI Summary

  • Voids and renders unenforceable any negative use restriction established after the bill's effective date that prohibits occupancy or use of a vacant single retail establishment or commercial land that would otherwise be lawful under zoning ordinances, beginning 90 days after the restriction is established.

  • Defines "negative use restriction" as any restriction or covenant in a deed, lease, contract, or written agreement that prohibits or limits property use, including commercial lease terms preventing the owner from leasing to another retailer.

  • Defines "single retail establishment" as a single, freestanding structure of 7,000 square feet or more where consumer goods are sold to the public, including department stores, discount stores, specialty stores, warehouse stores, and "big box" stores.

  • Allows legislative bodies to require special land use approval for single retail establishments and may require applicants to prove the property is not subject to negative use restrictions or submit a plan for re-lease, reuse, redevelopment, or sale in case of vacancy.

  • Declares vacant single retail establishments cause blight and authorizes counties, cities, villages, and townships to rehabilitate such properties under 1945 PA 344 as a public purpose.

Legislative Description

Land use; zoning and growth management; prohibition on restrictive use covenants that prohibit otherwise lawful use of a single retail establishment; provide for. Amends 2006 PA 110 (MCL 125.3101 - 125.3702) by adding sec. 502a. TIE BAR WITH: SB 0524'15

Land use: zoning and growth management

Last Action

Printed Bill Filed 09/30/2015

9/30/2015

Committee Referrals

Tax Policy9/29/2015

Full Bill Text

No bill text available