All the MIOZ make my use or structure nonconforming? Can a nonconforming use be replaced by the same use after the MIOZ is enacted? Are uses prohibited by the MIOZ “grandfathered” in?
A “nonconforming” use, structure, or building is one that is not in conformance with a requirement of the zone or zones in which a property is located. Uses and structures may already be nonconforming to the requirements of their underlying zone but may be not nonconforming to the MIOZ.

The following are nonconforming to the MIOZ:
- Existing uses in the High Intensity Noise Area on the Prohibited Use List under Requirements for Noise
- Existing uses in the Safety Zones on the Prohibited Use List under Requirements for Safety
- Structures that exceed the height limits under Requirements for Height

However, an existing use on the Prohibited Use Lists with a valid use and occupancy permit on the day the property is placed in the MIOZ may continue to operate and may get a new use and occupancy permit to change owners, names, or occupancy without triggering the provisions of the MIOZ. Such uses are exempt from the provisions of the MIOZ. Find out who to contact for more information.

Show All Answers

1. What is the MIOZ?
2. What is the MIOZMA?
3. What are the Safety Zones?
4. When will the MIOZ take effect?
5. Why do these regulations extend beyond the Clear Zone?
6. What kind of accidents are possible in the Safety Zones?
7. After all the development that has been allowed, why is this legislation being proposed now?
8. The MIOZ refers to the need to have a Use and Occupancy Permit. I heard that such permits were not required for churches. Is this true?
9. All the MIOZ make my use or structure nonconforming? Can a nonconforming use be replaced by the same use after the MIOZ is enacted? Are uses prohibited by the MIOZ “grandfathered” in?
10. Are new churches allowed?
11. Why aren’t we restricting JBA activity instead of many of the prohibited uses in the MIOZ?
12. I live in a single-family home. The MIOZMA establishes height limits that may be as high as several hundred feet. How does this affect me and why am I being placed in this zone?
13. The letter I received contained a reference to an affidavit requirement and the intensification of zoning. Can you provide more information?
14. What are the restrictions outside of the APZs?
15. How can the zoning be seen at the "street" level?
16. At what point in the development approval process is a project considered "vested?"