§ 460x-8. — Zoning bylaws.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC460x-8]
TITLE 16--CONSERVATION
CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
SUBCHAPTER LXXXII--SLEEPING BEAR DUNES NATIONAL LAKESHORE
Sec. 460x-8. Zoning bylaws
(a) Authority of Secretary to assist any township or county in or
adjacent to lakeshore; payments for technical aid
The Secretary shall, at the request of any township or county in or
adjacent to the lakeshore affected by this subchapter, assist and
consult with the appropriate officers and employees of such township or
county in establishing zoning bylaws for the purpose of this subchapter.
Such assistance may include payments to the county or township for
technical aid.
(b) Suspension of condemnation power over improved property
No improved property within the area designated for inclusion in the
lakeshore shall be acquired by the Secretary by condemnation so long as
the affected county or township has in force and applicable thereto a
duly adopted, valid zoning bylaw approved by the Secretary in accordance
with the provisions of subsection (d) of this section and the use of
improved property is in compliance therewith. In the event that the
affected county or township does not have in effect and applicable to
any improved property a duly adopted, valid zoning bylaw so approved,
the Secretary shall be prohibited from acquiring such property by
condemnation, if the owner thereof notifies the Secretary in writing of
such owner's agreement to use his property in a manner consistent with
the applicable standard set forth in subsection (d) of this section, and
such prohibition against condemnation shall remain in effect for so long
as such property is so used.
(c) Notification of owner by Secretary of use of property inconsistent
with applicable bylaws or standards; requirements of notice;
discontinuance of use by owner; condemnation upon failure to
discontinue use
If the Secretary determines that any such property referred to in
subsection (b) of this section covered by any such bylaw is being used
in a way which is not in substantial compliance with such bylaw, or that
any such property referred to in subsection (b) of this section with
respect to which an agreement has been made is being used in a manner
which is not substantially consistent with such applicable standards, he
shall so notify the owner of any such property in writing. Such notice
shall contain a detailed statement as to why the Secretary believes that
such use is not in substantial compliance with such zoning bylaw or why
such use is not substantially consistent with such applicable standards,
as the case may be. Any such owner shall have sixty days following the
receipt by him of that written notification within which to discontinue
the use referred to in such notification. Discontinuance of such use
within such sixty-day period shall have the effect of prohibiting the
Secretary from acquiring such property by condemnation by reason of such
use. In any case in which such use is not discontinued within such
sixty-day period. The Secretary may, in his discretion, acquire such
property by condemnation.
(d) Conditions for approval by Secretary
Any zoning bylaw or amendment thereto submitted to the Secretary for
approval for the purposes of this subchapter shall be approved by him if
such bylaw or amendment contains provisions which--
(1) contribute to the effect of prohibiting the commercial and
industrial use (other than a use for a commercial purpose as
authorized under section 460x-12 of this title) of all property
within the boundaries of such area which is situated within the
county or township adopting such bylaw or amendment;
(2) are consistent with the objectives and purposes of this
subchapter so that, to the extent possible under Michigan law, the
scenic and scientific values of the lakeshore area will be
protected;
(3) are designed to preserve the lakeshore character of the area
by appropriate restrictions upon the burning of cover, cutting of
timber (except tracts managed for sustained yield), removal of sand
or gravel, and dumping, storage, or piling of refuse and other
unsightly objects or other uses which would detract from the natural
or traditional lakeshore scene;
(4) provide that no construction, reconstruction, moving,
alteration, or enlargement of any property, including improved
property as defined in this subchapter, within the lakeshore area
shall be permitted, if such construction, reconstruction, moving,
alteration, or enlargement would afford less than a fifty-foot
setback from all streets measured at a right angle with the street
line, and a twenty-five-foot distance from all contiguous
properties. Any owner or zoning authority may request the Secretary
of the Interior to determine whether a proposed move, alteration,
construction, reconstruction, or enlargement of any such property
would subject such property to acquisition by condemnation, and the
Secretary, within sixty days of the receipt of such request, shall
advise the owner or zoning authority in writing whether the intended
use will subject the property to acquisition by condemnation; and
(5) have the effect of providing that the Secretary shall
receive notice of any variance granted under, and of any exception
made to the application of, such bylaw or amendment.
(e) Withdrawal or revocation of approval by Secretary; retroactive
effect
The approval of any bylaw or amendment pursuant to subsection (d) of
this section shall not be withdrawn or revoked by the Secretary for so
long as such bylaw or amendment remains in effect as approved. Any such
bylaw or amendment so approved shall not be retroactive in its
application.
(Pub. L. 91-479, Sec. 9, Oct. 21, 1970, 84 Stat. 1078.)
Section Referred to in Other Sections
This section is referred to in section 460x-3 of this title.
