Here's a link that should tell you more than you ever wanted to know. The way I read this, Ag zoning vs Residential zoning should only have effects with Taxation... As in, when you were once recently considered Ag, now residential. ** Edited for Clarity: Obviously, there are many differences between a purely residential, platted sub and a big old Family Farm Section of 180Acres that has the GAAMP Certification and annual profits over $20G.
Schindler's Land Use Page:
http://lu.msue.msu.edu/pamphlets.htm
"A very important concept with zoning, is that one can not outlaw something that already exists. If a land use, building, or parcel already exists then it can continue. These "grandfathered" things are called nonconforming uses, building or parcel.
To say something is a "legal nonconformity" is redundant. If something does not comply with the zoning ordinance it is one of two things:
1. A violation (the action to make it out of compliance with zoning took place after the particular zoning regulation was adopted), or
2. A nonconformity (the action to make it out of compliance with zoning took place before the particular zoning regulation was adopted).
There are three types of nonconformities:
A. A nonconforming building (the building is to small, large, tall, invades setbacks, etc.)
B. A nonconforming parcel (the parcel of land is to small, narrow, etc.)
C. A nonconforming use (the use is not an allowed use, or possible special use, in the respective zoning district.
Zoning must provide for the nonconformity to continue within certain terms which are supposed to be spelled out in the zoning ordinance. The long term goal is for nonconformities to go away --but that is a very long term goal. If a nonconformity is really objectionable the local government has the option to buy it to close it down or otherwise terminate it.
The Michigan Zoning Enabling Act (P.A. 110 of 2006, as amended, M.C.L. 125.3101 et seq., effective July 1, 2006) allows a local government to provide for the completion, resumption, restoration, reconstruction, extension, or substitution of nonconformities. This is a local option (it used to be a requirement for township and county zoning, where it used to be townships and counties "shall" provide for the completion...)."
----Kurt H. Schindler
My notes taken verbatim from links on the above referenced site and authored by Schindler:
"zoning ordinance shall be based upon a plan designed to promote the public health, safety, and general welfare, to encourage the use of lands in accordance with their character and adaptability, to limit the improper use of land, to conserve natural resources and energy, to meet the needs of the state’s residents for food, fiber, and other natural resources, places of residence, recreation, industry, trade, service, and other uses of land, to insure that uses of the land shall be situated in appropriate locations and relationships, to avoid the overcrowding of population, to provide adequate light and air, to lessen congestion on the public roads and streets; to reduce hazards to life and property, to facilitate adequate provision for a system of transportation, sewage disposal, safe and adequate water supply, education, recreation, and other public requirements, and to conserve the expenditure of funds for public improvements and services to conform with the most advantageous uses of land, resources, and properties. The zoning ordinance shall be made with reasonable consideration to the character of each district, its peculiar suitability for particular uses, the conservation of property values and natural resources, and the general and appropriate trend and character of land, building, and population development.” MCL §125.3203(1).
Zoning is supposed to be about the use of land, the impact on land and adjacent land uses.
Zoning is not:
g to promote/oppose economic, racial, or
religious views.
g enforcement of private deed restrictions.
g a solution for neighborhood feuds or personal
quarrels.
g a promoter of development (it merely permits
it).
g a tool for the political arena (to reward/punish
others).
g a public popularity contest – zoning decisions
are to be based on facts, not majority of votes.
Zoning cannot regulate
As a general rule zoning cannot totally prohibit anything."
*** SOURCES: Located Here:
http://lu.msue.msu.edu/pamphlets.htm
ETA: note that the "g"s displayed above are not part of the original document, that must happened while I was compiling my notes, so it must be an Apple thing.
Having trouble getting motivated to peel, core, slice more apples...seems like its been my life lately! But do want to try my hand at canning pie filling. Apple butter turned out yummy..that was a first for me, too..
