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Lansing City Zoning Code

ARTICLE I

- IN GENERAL

Sec. 56-1.- Title.

This chapter shall be known, cited and referred to as "The Lansing Zoning Ordinance."

(Ord. of 5-1-2003, § 1.1)

Sec. 56-2. - Purpose and intent.

This chapter is adopted for the following purposes:

(1)

To promote and protect the health, safety, comfort, convenience and general welfare of the people.

(2)

To zone all properties in such a manner as to reflect their best use, and to conserve and enhance their value.

(3)

To check existing, and prevent future, congestion by limiting the development of land to a degree consistent with the capacity of the village to furnish adequate public services.

(4)

To prevent overcrowding of land with buildings and thereby ensure maximum living and working conditions, and prevent blight and slums.

(5)

To protect residential, commercial and industrial areas alike from harmful encroachment by incompatible uses and to ensure that land allocated to a class of uses shall not be usurped by other inappropriate uses.

(6)

To fix reasonable standards to which buildings or structures shall conform.

(7)

To prevent such additions to, and alterations or remodeling of, existing buildings or structures as would not comply with the restrictions and limitations imposed hereafter.

(8)

To ensure high standards of light, air and open space in areas where people live and work.

(9)

To relieve street congestion through adequate requirements for off-street parking and loading facilities.

(10)

To foster a more rational pattern of relationships between residential, commercial and industrial uses for the mutual benefit of all.

(11)

To provide protection against fire, explosion, noxious fumes and other hazards, in the interest of the public health, safety, comfort, convenience and general welfare.

(12)

To define the powers and duties of administrative officers and bodies, as provided hereinafter.

(13)

To prescribe penalties for the violation of the provisions of this chapter or any amendments thereto.

(Ord. of 5-1-2003, § 1.2)

Sec. 56-3. - Applicability.

(a)

Territorial application. This chapter shall apply to all land, uses, buildings and structures within the village, including that owned by other municipal corporations and government bodies.

(b)

General application. After the effective date of the ordinance from which this chapter is derived, all subdivision of land, buildings, structures and uses of land erected, remodeled, altered or relocated, and all public improvements must comply with the provisions of this chapter. Existing buildings, structures and uses of land that do not comply with the regulations of this chapter are subject to article III, Nonconformities.

(c)

General prohibition. No buildings, structures or uses of land, and no lot of record or zoning lot existing, or hereafter established, shall be created, altered, moved, divided or maintained, except in accordance with the provisions of this chapter.

(d)

Private agreements. This chapter is not intended to nullify any private agreements; provided that where there is a conflict between such private agreement and this chapter and, where this chapter is more restrictive, this chapter shall control.

(e)

Other laws and regulations. Unless otherwise specifically provided, this chapter shall control over less restrictive statutes, ordinances or regulations, and more restrictive statutes, ordinances or regulations will control over the provisions of this chapter.

(Ord. of 5-1-2003, § 1.3)

Sec. 56-4. - Transition rules.

In determining the applicability of this chapter, with respect to the previously applicable zoning regulations, the following rules shall apply.

(1)

Existing unlawful uses and structures. A structure or use not lawfully existing at the time of the adoption of this chapter is hereby deemed lawful as of the effective date of the ordinance from which this chapter is derived; provided that it conforms with all of the requirements of this chapter. However, if such a structure or use does not conform with all of the requirements of this chapter, such structure or use remains unlawful hereunder.

(2)

Existing permitted uses. When a lot is used for a purpose that was classified as a permitted use prior to the effective date of the ordinance from which this chapter is derived, and such use is classified as a "special use" by this chapter, such use is hereby deemed a lawful special use for the purpose of this chapter. Any alteration or expansion of such use shall conform to the requirements for special uses in section 56-100.

(3)

Principal uses rendered nonconforming. When a lot is used for a purpose that was a lawful use before the effective date of the ordinance from which this chapter is derived and this chapter, or any amendment thereto, no longer classifies such use as either a permitted use or special use in the zoning district in which it is located, such use is hereby deemed a legal nonconforming use and shall be controlled by the provisions of article III, Nonconformities.

(4)

Principal buildings, structures and lots rendered nonconforming. Where any lawful building, structure or lot existing on the effective date of the ordinance from which this chapter is derived does not meet all standards set forth in this chapter, or any amendment thereto, such building, structure or lot is hereby deemed nonconforming and shall be controlled by the provisions of article III, Nonconformities.

(5)

Accessory uses, structures and buildings rendered nonconforming. When any lawful accessory building, structure or use existing on the effective date of the ordinance from which this chapter is derived does not meet all standards set forth in this chapter, or any amendment therefore, such building, structure or use is hereby deemed nonconforming and shall be controlled by the provisions of article III of this chapter, except for signs, which shall be governed by the regulations of section 56-424.

(6)

Previously issued building permits. When a building permit for a building or structure has been lawfully issued prior to the effective date of the ordinance from which this chapter is derived, and when construction has begun within six months of the issuance of such permit and is being diligently pursued to completion, the building or structure may be completed in accordance with the plans on the basis of which the building permit was issued and may, upon completion, be occupied under a certificate of occupancy for the use originally intended, subject to the provisions of article XI of this chapter.

(7)

Previously granted special uses, variations and planned developments. All special uses, variations and planned developments granted prior to the effective date of the ordinance from which this chapter is derived shall remain in full force and effect. The recipient of the special use, variation or planned development may proceed to develop the property in accordance with the approved plans and any conditions attached thereto. However, if the recipient has failed to act on the special use, variation, or planned development before approval expires, the provisions of this chapter shall govern.

(8)

Pending applications. Where an application for a zoning change special use, variation subdivision, or planned development is pending on the effective date of the ordinance from which this chapter is derived, the provisions of this chapter shall govern such application.

(Ord. of 5-1-2003, § 1.4)

Sec. 56-5. - Severability.

If any provision of this chapter, or if the application of the provisions of this chapter to a particular property, building or other structure, is declared invalid by any court of competent jurisdiction, the other provisions shall remain in full force and effect.

(Ord. of 5-1-2003, § 1.5)

Sec. 56-6. - Effective date.

The effective date of this chapter is May 1, 2003.

(Ord. of 5-1-2003, § 1.6)

Sec. 56-7. - Repeal of previous ordinance.

After the effective date of this chapter, all provisions of the Zoning Ordinance of the Village of Lansing, adopted on August 22, 1961, as amended from time to time, are expressly repealed in their entirety.

(Ord. of 5-1-2003, § 1.7)