The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us)


STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5541

August 14, 1979

CHARTER TOWNSHIPS:

Referendum on zoning ordinance of

TOWNSHIPS:

Requirements for referendum on zoning ordinance

Residents of a charter township may seek a referendum on the adoption, amendment or supplement to a zoning ordinance of the township upon filing timely petitions containing signatures of qualified electors equal to not less than 8% of the vote for the office of governor at the last preceding election as certified by the State Board of Canvassers which certification is in effect on the first day that petitions for such referendum may be circulated.

Honorable William A. Sederburg

State Senator

The Capitol

Lansing, Michigan 48909

You have requested my opinion on the following questions:

'1. Does the Charter Township Act (Public Act 359 of 1947, as amended) give a charter township resident the right of referendum on zoning ordinances similar to the rights granted under the Rural Township Zoning Act, Public Act 184 of 1943, as amended?

'2. Section 12 of Public Act 637 of 1978 provides that:

"Within 30 days following the passage of the zoning ordinance, a petition signed by a number of qualified and registered voters residing in the portion of the township outside the limits of cities and villages equal to not less than 8% of the total vote cast for all candidates for governor, at the last preceding general election at which a governor was elected, in the township may be filed with the township clerk requesting the submission of an ordinance or part of an ordinance to the electors residing in the portion of the township outside the limits of cities and villages for their approval.'

Which election for Governor would determine the necessary amount of signatures to validate the petitions if the 30 day period described in the statute included a general election?'

Const 1963, art 7, Sec. 17 provides:

'Each organized township shall be a body corporate with powers and immunities provided by law.'

The Rural Township Zoning Act, 1943 PA 184, as last amended by 1978 PA 637, MCLA 125.271 et seq; MSA 5.2963(1) et seq, provides for zoning within an organized township.

1943 PA 184, supra, Secs. 1 and 2 empower organized townships to adopt zoning ordinances.

A referendum is authorized on the adoption of a zoning ordinance by a township board upon timely filing of petitions containing the signatures of qualified electors equal to not less than 8% of the electors of the township based upon the vote for governor at the last general election pursuant to 1943 PA 184, supra, Sec. 12, as last amended by 1978 PA 637. Similarly, a referendum may be had upon adoption of an amendment or supplement to a township zoning ordinance in accordance with 1943 PA 184, supra, Sec. 14, as last amended by 1978 PA 637.

It should be observed that in Stadle v Township of Battle Creek, 346 Mich 64; 77 NW2d 329 (1956), and Reva v Township of Portage, 356 Mich 381; 96 NW2d 778 (1959), the Supreme Court held that the right of referendum provided by 1943 PA 184, supra, may be invoked at the time of the original enactment of the zoning ordinance or at the time of any subsequent amendments to a zoning ordinance. These cases do not hold that 1943 PA 184, supra, applies only to general law townships.

Because general law and charter townships are both organized townships, the referendum procedures available in 1943 PA 184, Secs. 12 and 14, supra, may be utilized by the residents of either general law or charter townships.

The Charter Township Act, 1947 PA 349, MCLA 42.1 et seq; MSA 5.46(1) et seq, contain no express grant to adopt a zoning ordinance. Nor does it contain any provision limiting the right of charter township electors to seek a referendum on the adoption of a zoning ordinance or an amendment or supplement to a zoning ordinance.

It must be noted that 1947 PA 349, supra, Sec. 1 provides, in pertinent part as follows:

'. . . Each such charter township, its inhabitants, and the officers thereof, shall have, except as otherwise provided in this act, all the powers, privileges, immunities and liabilities possessed by townships, their inhabitants, and by the officers of townships by law and under the provisions of Chapter 16 of the Revised Statutes of 1846. . . .' [Emphasis added]

1947 PA 349, supra, Sec. 5, provides:

'Except as otherwise provided in this Act, all legislative authority and powers of each charter township shall be vested in and shall be exercised and determined by a township board of 7 members. . . .

'Such township board shall be the successor to the prior township board of the township and shall possess the powers and perform the duties of township boards in townships in addition to the powers granted by law to charter townships. . . .'

Thus, the inhabitants and officers of charter townships have the same powers and privileges as are possessed by inhabitants and officers of the general law townships. The right to a referendum is conferred upon the electors of an organized township by 1948 PA 183, Secs. 12 and 14, supra. There is no provision in 1943 PA 184, supra, which would limit the right of referendum to electors of a general township to the exclusion of the electors of a charter township.

Thus, in answer to your first question, it is my opinion that the residents of charter law townships have the same right to a referendum on a zoning ordinance, an amendment or a supplement to a zoning ordinance as residents of general law townships.

Turning to your second question, 1943 PA 184, Sec. 12, supra, provides:

'Within 30 days following the passage of the zoning ordinance, a petition signed by a number of qualified and registered voters residing in the portion of the township outside the limits of cities and villages equal to not less than 8% of the total vote cast for all candidates for governor, at the last preceding general election at which a governor was elected, in the township may be filed with the township clerk requesting the submission of an ordinance or part of an ordinance to the electors residing in the portion of the township outside the limits of cities and villages for their approval.'

The Legislature has provided that a referendum may only be secured if within the thirty day period sufficient signatures of qualified and registered electors of the township equal to not less than 8% of the total vote cast for the office of governor at the last preceding general election at which a governor was elected as canvassed by the State Board of Canvassers in accordance with 1954 PA 116 Sec. 841, et seq; MCLA 168.841 et seq; MSA 6.1841 et seq.

If a zoning ordinance or an amendment or supplement to a zoning ordinance were adopted by the township board either shortly before or shortly after the date of the general election at which the governor is to be or was elected, the last vote for governor as canvassed by the State Board of Canvassers in effect on the first day of the 30-day period for circulating referendum petitions would be controlling.

Therefore, it is my opinion in answer to your second question that in order for the residents of a charter township to secure a referendum on a zoning ordinance, amendment or supplement to a zoning ordinance adopted by the township board, signatures of qualified and registered electors of the township equal to not less than 8% of the vote for the office of governor at the last preceding general election as certified by the State Board of Canvassers in effect on the first day of the 30-day period must be obtained on the petitions.

Frank J. Kelley

Attorney General