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Dimondale Overview
Dimondale, MI Code of Ordinances
CODIFIED ORDINANCES OF DIMONDALE MICHIGAN
CERTIFICATION
DIRECTORY OF OFFICIALS (2022)
PRELIMINARY UNIT
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
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1286.01 PURPOSE.
   (a)   The purpose of this chapter is to provide for the continuance of lawful uses of land or structures which do not conform with the provisions of this Zoning Code and existed before the effective date of an amendment to this Zoning Code.
   (b)   Such nonconformities are regulated as Class I or Class II nonconformities and are permitted to continue under the regulations established in this chapter.
(Ord. 2002-4. Passed 6-10-02.)
1286.02 DEFINITIONS.
   As used in this chapter:
      (1)   "Abandonment" or "discontinuance of a nonconforming use" means the cessation for use for six consecutive months or for 18 months during a three year period. Abandonment or discontinuance shall be measured by the following documentation provided to the Village Zoning Administrator by the property owner, continuous utility connection, continuous marketing activity (rent and/or sale), and proof of tenant occupancy.
      (2)   "Class I nonconforming use" means a desirable nonconforming use determined by the Village Planning Commission based on criteria established in the Zoning Ordinance which concludes that a low land use impact (low intensity of use) exists between the nonconforming use and adjacent land uses and the immediate area. Class I uses are considered permissive and are regulated by Section 1286.05.
      (3)   "Class II nonconforming uses" means an undesirable nonconforming use determined by the Village Planning Commission based on criteria established in the Zoning Ordinance which concludes that a high land use impact (high intensity of use) exists between the nonconforming use and adjacent land uses in the immediate area. Class II uses are considered restrictive and are regulated by Section 1286.06.
      (4)   "Intensity of use" means a measurement of land use impact which utilizes specific, measurable characteristics which can reasonably be evaluated by the Planning Commission to determine the effect on adjacent properties and/or the immediate area. The characteristics of the existing nonconforming use utilized to determine the intensity of use shall be, but are not limited to, the following:
         A.   The number of existing off-street parking spaces and their proximity to adjacent uses;
         B.   Existing outdoor storage;
         C.   Exterior lighting;
         D.   Hours of operation;
         E.   Existing noise, odor and vibration;
         F.   Existing landscaping, screening and buffering;
         G.   Existing front, side or rear yard setbacks;
         H.   The residential density of the existing use; and
         I.   The lot coverage of the existing use.
      (5)   "Nonconforming use" means a use of land and/or structure which is legally in existence prior to the adoption or amendment of the ordinance which made it nonconforming.
      (6)   "Permissive nonconforming use" means nonconforming uses determined to be Class I uses by the Village Planning Commission which would allow one nonconforming use to change to another nonconforming use, building or structure as long as the change is equal to or less intense than the original use.
      (7)   "Restrictive nonconforming use" means nonconforming uses determined to be Class II uses by the Village Planning Commission and which can only be changed to conforming uses.
(Ord. 2002-4. Passed 6-10-02.)
1286.03 NONCONFORMING USE CLASSIFICATION PROCESS.
   The following process shall be utilized by the Village in the classification of a nonconforming use:
   (a)   All nonconforming uses shall be considered a Class II use until changed to a Class I use by the Planning Commission.
   (b)   Before the Planning Commission shall make a determination on a Class I request, a completed application must be filed with the Village.
   (c)   The Planning Commission may require a public hearing for any classification application.
   (d)   The Planning Commission shall utilize the criteria outlined in Section 1286.04 in making a determination on a nonconforming use classification.
   (e)   The Planning Commission may place reasonable conditions on a Class I nonconforming use.
   (f)   Nonconforming uses determined to be Class I by the Planning Commission shall file a final site plan with the Village which meets the requirements of Section 1296.05 and contains any conditions imposed by the Planning Commission.
(Ord. 2002-4. Passed 6-10-02.)
1286.04 EVALUATION CRITERIA FOR DETERMINING A NONCONFORMING USE CLASSIFICATION.
   The Planning Commission shall utilize the following criteria in determining the classification of a nonconforming use:
   (a)   A completed application with fees.
   (b)   A recommendation from the Zoning Administrator based on a review of the intensity of use characteristics.
   (c)   The impact of the existing nonconforming use on adjacent properties and the immediate area.
   (d)   Any additional data from the applicant that the Planning Commission requires to evaluate the intensity of use at the applicant's expense.
   (e)   The intent of the Master Plan in the immediate area.
   (f)   The purpose and intent of the existing zoning districts which abut the nonconforming use.
(Ord. 2002-4. Passed 6-10-02; Ord. 2009-7. Passed 12-14-09.)
1286.05 CLASS I NONCONFORMING USE REGULATIONS.
   (a)   Class I nonconforming uses may be enlarged or expanded if approved by the Planning Commission through the Site Plan Review process as outlined in Chapter 1296. The Planning Commission or Zoning Administrator may approve the enlargement or expansion of a Class I nonconforming structure when the proposed construction does not enlarge or expand the nonconforming aspect(s) of the structure. In addition to the site plan review criteria, the Planning Commission and the Zoning Administrator shall utilize the following additional criteria in considering any enlargement or expansion:
      (1)   The expansion will not unreasonably extend the duration of the nonconforming use and that the expansion takes place on the same parcel as the existing use.
      (2)   The need for the expansion should not be created by an increase in the intensity of use.
      (3)   The expansion will not lead to requests for similar expansions in the immediate area.
      (4)   The expansion will not have a negative effect on adjacent properties.
      (5)   The expansion will not require additional off-street parking.
   (b)   Class I nonconforming uses may be substituted with another nonconforming use provided that the new use is equal to or less intense than the existing nonconforming use. The Planning Commission may approve a substitution based on a written request from the property owner and a determination regarding the level of intensity.
(Ord. 2002-4. Passed 6-10-02.)
1286.06 CLASS II NONCONFORMING USE REGULATIONS.
   Class II nonconforming uses shall not be enlarged or expanded except in conformance with the Zoning Code. Class II nonconforming uses shall not be substituted.
(Ord. 2002-4. .Passed 6-10-02.)
1286.07 NONCONFORMING LOT OF RECORD.
   A lot of record is a parcel that is legally recorded in the Register of Deeds Office. A nonconforming lot of record is a parcel which does not meet the existing dimensional requirements of the Zoning Code and is recorded in the Register of Deeds Office. Nonconforming lots of record may be used if they meet the average of the front, side and rear yard setbacks within 200 feet of either side of the subject property on the same side of the street. The Board of Zoning Appeals may reduce the average front, side or rear yard setbacks which have been established for a nonconforming lot of record.
(Ord. 2002-4. Passed 6-10-0-2.)
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