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Re: E-M:/ Contract Zoning? strict rules or legal loophole



I would think that any proposal would still have to meet the
requirements of the zoning ordinance.  I hope this doesn't give
municipalities a loophole to allow developers to go beyond zoning
ordinance requirements.  I see this more as a tool to limit uses where a
rezoning is desired.  For example, suppose a landowner has a project in
mind that would be acceptable to the community but the land is not zoned
properly.  The necessary zoning would however, allow uses that may not
be acceptable.  Under current law, a rezoning cannot be tied to a
specific proposal.  Under contract zoning, the rezoning could be tied to
the specific, acceptable use. 

As we all know, the devil is in the details.  The bills & their
accompanying analysis don't say much.  I'm wondering if each
municipality will have to amend their zoning ordinance to allow this?  I
think they will and that's where the details will be.  Some of those
details, and some proposals developed under those details may eventually
be challenged in court, in which case the courts will ultimately decide
what the law allows.
 
http://www.michiganlegislature.org/ 
 
Type 6206 in the box under Legislative Bill Search/Bill Number for details
 
Mike Bitondo
mbitondo@chatermi.net
----- Original Message -----
Sent: Monday, December 27, 2004 2:21 PM
Subject: E-M:/ Contract Zoning? strict rules or legal loophole

Hello anti-sprawlers, development do-gooders, environmental health activists and urban environmentalists
 
Below is a link to a Det News Editorial on new laws before Gov. Granholm regarding zoning, "outdated master plans" and Contract Zoning. I assume any contract contents would be negotiable so it would only be bad if a City allows a bad contract. But as a councilperson for an urban industrialized community I am concerned about anything that might allow a "dirty" facility to be located in our City even if through negotiations. For example, our Zoning Ord currently forbids the processing of hazardous waste even in our industrial zones and I would not want to lose that clear cut intention. 
 
 
Could I hear from a few of the Environmental Orgs referred to in the article as being supportive of this or maybe it would be more instructive to hear from those not mentioned?
 
Thanking you for your time
 
Rob Cedar
Councilperson- City of Hamtramck 
Director- HEAT- Hamtramck Environmental Action Team