Mixed Use Definition

Asked December 12, 2019, 1:34 PM EST

What is the legal definition of mixed use? Can the definition of mixed use include a legal nonconforming use and a permitted use combined on the same piece of property? Our township has disallowed us from doing permitted uses on our property because we also have a legal nonconforming use. They have termed it a mixed use, and say it's not allowed since the nonconforming use isn't included in the list of permitted uses for our zoning. The subject of "Mixed use" isn't in the zoning ordinance. They say it's an 'interpretation' of the section that simply lists permitted uses. Please don't confuse this with a conditional use or variance. We have been told we cannot do permitted uses. Is a municipality ever allowed to disallow someone from doing permitted uses?

Genesee County Michigan

1 Response

Thank you for your question. The assigned expert has been unavailable. If you have not yet found an answer, please either contact your county Extension office directly (https://www.canr.msu.edu/genesee/county-extension-office) or consult with an attorney familiar with real estate law. Good luck!