Split-zoning or other options for a nonconforming parcel - Ask Extension
Hi there,
I have a question on options our planning commission could offer on a rezoning request concerning a legal nonconforming parcel. The 132’ ...
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Split-zoning or other options for a nonconforming parcel #809099
Asked September 01, 2022, 4:23 PM EDT
Hi there,
I have a question on options our planning commission could offer on a rezoning request concerning a legal nonconforming parcel. The 132’ x 108’ corner parcel contains a commercial auto repair garage and a house. To small for a land division. The parcel is currently zoned Commercial-1 (stores, offices, etc.) in which the house (a rental), and the auto repair garage are not listed permitted uses. The surrounding properties are zoned Residential-2 (high density), and Commercial-2 (which allows auto related uses). The parcel is by M -106 in a rural unincorporated village. Although it should have little influence on rezoning considerations, the property owner has a history of unpleasant relations with the neighbors. The property owner has requested rezoning to Commercial-2 for is auto repair garage, which would bring it closer in use to less nonconforming but the house part cannot be changed from a nonconforming to another nonconforming in our ordinance. We’ve suggested that he withdraw the rezoning request for Commercial -2 for the total parcel so that he might consider other options that reflect his use of the property. The planning commission has considered a split – zone as an option, where the house part of the parcel could be Residential-2, and the auto repair garage part of the parcel could be Commercial-2 matching surrounding zoning and listed uses. Our zoning ordinance is basic and does not contain text for PUDs or Form-based Code. Are there other methods for more compliant rezoning?
Our PC has researched articles in PZ News, Sept.-Oct 2019 on nonconforming uses and MSUE articles, but have not found comparable situations.
Thank you for your time and assistance,
Nancy
Jackson County Michigan
Expert Response
Greetings,
A "split zone" as you call it does seem like the best option. There is nothing in state law or case law that I know of preventing a parcel from having two different zoning districts. Similarly, two parcels with different zoning could be combined and each portion of the combined property could retain its zoning. Of course, a zoning ordinance could prohibit this, but outside of a local ordinance prohibition, I believe it is permissible.
I have seen this in a handful of jurisdictions where there are geographic or other differences across opposite ends of a set of parcels. For instance, perhaps there is infrastructure (water and sewer) serving one side of a row of large parcels with the other side only served by a county road.
As one example, here is a screenshot of a portion of the City of Marquette zoning map. The lots between Ridge Street and Lakeshore Boulevard run from street to street, but Ridge Street is about 100’ higher in elevation than Lakeshore Boulevard with a steep slope running through the middle of all properties. You can see that most of these lots have two zoning districts. The brown is Multi-Family Residential and the white with blue cross-hatch is a separate form-based code district.
Of course, the master plan should be a guide in determining a parcel’s zoning, but assuming no inconsistency there, I believe a single parcel can be in two different zoning districts.
Another option would be to develop a mixed use zone (or two) tailored to the uses appropriate to the target areas of the community, though that would most certainly require a master plan amendment prior to the zoning ordinance amendment and rezoning.
Perhaps the division of the parcel in two is permissible with a variance to local zoning standards, but that will require the demonstration of a practical difficulty on the site.
As always, be sure to work with your municipal attorney when considering a zoning amendment!
A "split zone" as you call it does seem like the best option. There is nothing in state law or case law that I know of preventing a parcel from having two different zoning districts. Similarly, two parcels with different zoning could be combined and each portion of the combined property could retain its zoning. Of course, a zoning ordinance could prohibit this, but outside of a local ordinance prohibition, I believe it is permissible.
I have seen this in a handful of jurisdictions where there are geographic or other differences across opposite ends of a set of parcels. For instance, perhaps there is infrastructure (water and sewer) serving one side of a row of large parcels with the other side only served by a county road.
As one example, here is a screenshot of a portion of the City of Marquette zoning map. The lots between Ridge Street and Lakeshore Boulevard run from street to street, but Ridge Street is about 100’ higher in elevation than Lakeshore Boulevard with a steep slope running through the middle of all properties. You can see that most of these lots have two zoning districts. The brown is Multi-Family Residential and the white with blue cross-hatch is a separate form-based code district.
Of course, the master plan should be a guide in determining a parcel’s zoning, but assuming no inconsistency there, I believe a single parcel can be in two different zoning districts.
Another option would be to develop a mixed use zone (or two) tailored to the uses appropriate to the target areas of the community, though that would most certainly require a master plan amendment prior to the zoning ordinance amendment and rezoning.
Perhaps the division of the parcel in two is permissible with a variance to local zoning standards, but that will require the demonstration of a practical difficulty on the site.
As always, be sure to work with your municipal attorney when considering a zoning amendment!
Thank you for your assistance. Your reply to my question was extremely helpful.
Nancy
