Agenda - Planning Commission - 12/01/2016

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Zoning Bulletin October 10, 2016 1 Volume 10 1 Issue 19 for a denial on February 17,when the Board's members who voted against the resolution stated on the record the reasons why they opposed the resolution. Thus, the court found that a denial of the CUP was timely made on February 17. Case Note: Perschbacher had also argued that the Board's denial of the CUP was "arbitrary, capricious, and unreasonable." The appellate court rejected that argument,finding that the Board based its denial on the effect and impacts that odors from PePschbach- ;a er's proposed swine barn would have on the surrounding area. Zoning News from Around the Nation ILLINOIS In late August, 2016, Governor Rauner signed into law Public Act 99-890, which"provides that all counties, townships, and municipalities must act in a reasonable manner when processing zoning applications from public school districts that neither regulates educational activities nor frustrates a school district's statutory duties."The new law further provides that, "in processing zoning applications,reasonable efforts must be made to streamline the zoning application process and minimize administrative burdens, such as reducing application fees and other costs, limiting the number of times a plan mugt be amended,reducing the number of copies of plans that must be submitted,and expediting the review process in order to render a decision within 90 days." The new law is in response to an Illinois Supreme Court decision involving school bleachers,in which the court held that school districts are subject to the zoning requirements of home rule municipalities.The new law"confirms that school districts are subject to zoning regulations,"but also"limits the onerous impact of[that court] decision." Source;Lexology;wwwlexology.cotn }' MICHIGAN j A pair of bills—Senate Bills 953 and 955, which would.exempt public school from certain zoning requirements—have been referred to the state Senate's transportation committee. Senate Bill 953 would "amend the Highway Advertising Act to exempt public school property from zoning ordi- nances and classifications assigned by local governments. It would also pro- hibit the Michigan Department of Transportation from mandating signed state- ments from a government as part of documentation it requires for sign permits." Senate Bill 955 would"amend the Michigan Zoning Enabling Act, requiring school property used for public school purposes to be considered unzoned and exempt from zoning laws. That bill would also define school purposes as anything that would provide a benefit including commercial and � financial,to the school." i ©2016 Thomson Reuters 11 4