To avoid undue hardship, nothing in this chapter
shall be deemed to require a change in plans, construction, or designated
use of any building on which actual construction was lawfully begun
prior to the effective date of adoption or amendment of this chapter,
upon which actual building construction has been diligently carried
on and for which there is a valid building permit. "Actual construction"
is hereby defined to include the placing of construction materials
in permanent position and fastened in a permanent manner. Where demolition
or removal of an existing building has been substantially begun preparatory
to rebuilding, such work shall be deemed to be actual construction,
provided that such work shall be diligently carried on until completion
of the building involved.
For the purposes of this article, the following
words and phrases shall have the meaning described below:
ABANDONMENT
The relinquishment of land or cessation of the use of the
land by the owner or lessee without any intention of transferring
rights to the land to another owner or of resuming use of the land
or building (i.e., a discontinuance and an indication of an intent
to abandon).
DISCONTINUANCE
A vacation of a lot, building or structure, or a ceasing
of the activities related to the nonconforming situation.
EFFECTIVE DATE
Whenever this article refers to the "effective date" of this
chapter, it shall be deemed to include the effective date of any amendments
if the amendments created or increased the nonconforming situation.
ILLEGAL NONCONFORMITIES
Any lot, use, building, structure or any combination thereof
that was established in violation of this chapter at the effective
date of this chapter.
LEGAL NONCONFORMITIES
Certain existing lots, buildings, structures, site plans
and uses of land that were lawful prior to the effective date of this
chapter but have become nonconforming under the terms of this chapter
and its amendments.
NONCONFORMING ACCESSORY STRUCTURE
An accessory structure or portion thereof lawfully existing
at the effective date of this chapter, or amendments thereto, that
does not conform to the provisions of this chapter in the district
in which it is located. (Example: an accessory deck which does not
meet current setback standards.)
NONCONFORMING BUILDING
A building or portion thereof lawfully existing at the effective
date of this chapter that does not meet the minimum size, setback,
height or other building provisions of this chapter in the district
in which it is located. (Example: a house which does not meet the
required front yard setback.)
NONCONFORMING LOT
A lot of record lawfully existing at the effective date of
this chapter that does not meet the minimum area or lot dimensional
requirements for the district in which it is located. (Example: a
lot of record of 25,000 square feet in a district which requires a
minimum lot of 30,000 square feet.)
NONCONFORMING SIGN
A sign lawfully existing on the effective date of this chapter,
or amendments thereto, which does not meet all the standards or regulations
of this chapter. (Example: a business with a twenty-foot-tall pole
sign when the current Zoning Ordinance allows only a ten-foot-tall
ground sign.)
NONCONFORMING SITE PLAN
A development on a site which met ordinance requirements
for site design elements at the time the site was developed, such
as the amount of parking, parking lot pavement or landscaping, but
which does not meet the current site design standards of the Township.
(Example: a retail store with 10 parking spaces when the current Zoning
Ordinance requires 15 parking spaces.)
NONCONFORMING USE
A use which lawfully occupied a building or land at the effective
date of this chapter, or amendments thereto, and that does not conform
to the use regulations of the district in which it is located.
Where, at the effective date of adoption or
amendment of this chapter, a lawful use on open land, a lot(s), building(s)
or accessory structure(s) exists that is made nonconforming by this
chapter or its amendments, such use may be continued, as it remains
otherwise lawful, subject to the following provisions:
A. Expansions. Any nonconforming use may be extended
throughout any parts of a building which were manifestly arranged
or designed for such use, and which existed at the effective date
of this chapter, but no such use shall be enlarged, expanded or extended
to occupy a greater area of land or greater floor area than was occupied
at the effective date of this chapter.
B. Accessory uses and structures. No new accessory use,
building or structure shall be established.
C. Relocation. The nonconforming use shall not be moved
in whole or in part to any other portion of the lot or parcel occupied
by such use at the effective date of this chapter.
D. Abandonment or discontinuance. If such nonconforming
use on open land is abandoned or discontinued for any reason for a
period of six months, or a nonconforming use within a building or
structure is abandoned or discontinued for more than one year, except
as noted below, such use shall not be reestablished. Subsequent use
of such land shall conform to the regulations specified by this chapter
for the district in which such land is located.
E. Special standards for single-family homes in a nonresidential
district.
(1)
A single-family residential dwelling in a zoning
district which does not permit such a use may be expanded to occupy
the floor area necessary for living purposes subject to approval by
the Zoning Board of Appeals.
(2)
A single-family dwelling and its accessory structures
in a zoning district which does not permit such use may be continued,
replaced, repaired or remodeled if damaged by flood, fire, or vandalism,
if approved by the Zoning Board of Appeals. Such approval requires
a finding that the resulting building footprint and floor area will
be the same size or smaller than that of the building before such
change. Replacement of such nonconforming single-family building shall
commence no sooner then receiving a valid building permit and no later
than six months from the date of damage. Work shall be diligently
pursued toward completion. The applicant may be required to provide
the Township with evidence, visual or otherwise, demonstrating to
the satisfaction of the Zoning Administrator that work is being diligently
pursued. Failure to complete replacement or diligently work toward
completion shall result in the loss of legal nonconforming status
unless good cause for the delay is accepted at a hearing before the
Zoning Board of Appeals.
F. Change in use. Except for single-family dwellings
as permitted above, a nonconforming use shall not be enlarged, extended,
constructed, reconstructed or structurally altered except in changing
the use of the structure to a use permitted in the district in which
it is located. If no structural alterations are made, any nonconforming
use of a building, or building and land in combination, may be changed
to another nonconforming use if the Zoning Board of Appeals, either
by general rule or by making findings in the specific case, finds
the proposed use is more appropriate to the district than the existing
nonconforming use. In permitting such change, the Zoning Board of
Appeals may require conditions and safeguards in accord with the purpose
and intent of this chapter. Where a nonconforming use of a structure,
land, or structure and land in combination is hereafter changed to
a more conforming use, it shall not thereafter be changed to a less
conforming use.
G. Removal. Where nonconforming use status applies to
a structure and land in combination, removal or destruction of the
structure shall eliminate the nonconforming status of the land.
[Amended 7-22-2002]
H. Exceptions. Any use for which a special exception,
variance or special land use permit has been granted as provided in
this chapter shall not be deemed a nonconformity.
[Amended 6-9-2003 by Ord. No. 03-09]]
The following regulations shall apply to any
nonconforming lot of record or nonconforming lot described in a deed
or land contract executed and delivered prior to the effective date
of this chapter or amendment thereto:
A. Use of nonconforming lots. Any nonconforming lot shall be used only for a use permitted in the district in which it is located. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that the lot is in conformance with all other applicable yard setback, maximum lot coverage, minimum floor area and maximum height requirements for the district in which it is located. (See Subsection
C below.)
B. Variance to area and bulk requirements. All buildings shall adhere to the area and bulk requirements of the zoning district without the need for variances from the Zoning Board of Appeals. (See Subsection
C below.)
C. To develop a nonconforming lot(s) under the provisions of Subsections
A and
B of this section, the applicant is required to submit evidence that ownership of the lot was not under contiguous single ownership with other lots which could have been combined into a conforming or more conforming lot.
D. Nonconforming contiguous lots under the same ownership.
The following regulations shall apply to nonconforming contiguous
lots under the same ownership.
(1)
If two or more lots or combination of lots with contiguous frontage are or have been under single ownership and are of record at the time of adoption or amendment of this chapter, and if all or part of the individual lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an individual parcel for the purposes of this chapter, except as provided in Subsection
D(5) below.
(2)
No portion of said parcel shall be used, occupied,
or sold in a manner which diminishes compliance with lot width and
area requirements established by this chapter, nor shall any division
of a parcel be made which creates a lot with width or area less than
the requirements stated in this chapter.
(3)
Any combination, in whole or in part, of nonconforming
lots of record shall result in lots that conform to the requirements
of this chapter to the maximum extent feasible. Any altering of lot
lines or combination of lots shall result in lots that conform to
the requirements of this chapter.
(4)
Once any combination that creates a conforming
lot occurs, the resulting lot shall not retain nonconforming lot of
record status and will hereafter be required to comply with the lot
requirements of this chapter.
(5)
Where an individual owns two contiguous nonconforming
lots, such lots may be sold or developed as separate individual lots
only where each lot meets all of the following conditions. The intent
of these standards is to ensure that development of nonconforming
lots will not overbuild the lots; result in a development pattern
or structures that are out of character with the surrounding neighborhood;
diminish access to open space, sunlight and views for existing residences;
and will be in accordance with the recommendations of the Township
Master Plan for neighborhood preservation.
(a)
This option may only be exercised where an individual
owns no more than two contiguous nonconforming lots and a dwelling
currently exists on one of the lots, and the second lot is vacant.
Where more than two contiguous nonconforming lots are under single
ownership, the lots must be combined to create conforming lots.
(b)
Each lot has an area and width equal to or greater
than the median area and width of all developed lots within 750 feet.
Such seven-hundred-fifty-foot dimension shall be measured from the
perimeter of the applicant's lots and shall include all lots or portions
of lots within 750 feet, but shall only include lots that are within
the same zoning district. Where there are multiple lots developed
with a single dwelling, such lots shall be considered a single combined
lot for calculation of median area and width. Multiple contiguous
vacant lots shall be considered a single combined lot for calculation
of median area and width. The applicant shall provide a map and calculations
to certify the median lot area and width.
(c)
The lots shall conform to Subsections
A and
B above.
(d)
All buildings shall adhere to the area and bulk requirements of the zoning district, as outlined in Article
3, Single-Family Residential Districts, without the need for variances from the Zoning Board of Appeals.
(e)
Sketch plans for the lot and building elevations
shall be approved by the Community Development Director. In addition
to the dimensional requirements of the zoning district, the Community
Development Director shall consider the proposed dwelling's compatibility
with the surrounding neighborhood in terms of building height, massing,
setbacks, architectural design, materials, roof pitch, orientation
and size of garages and accessory buildings. The decision of the Community
Development Director may be appealed to the Zoning Board of Appeals.
(f)
Evidence shall be provided from the Wayne County
Register of Deeds that the contiguous nonconforming lots are separate
lots of record and the lots have not previously been combined into
fewer tax identification numbers.
[Amended 9-12-2011 by Ord. No. 11-03]
Where a lawful building or structure exists
at the effective date of adoption or amendment of this chapter that
could not be built under the terms of this chapter by reason of restrictions
on area, lot coverage, height, yards, landscape buffer, off-street
parking, loading space, minimum setback, or other characteristics
of the structure or its location on the lot, such building or structure
may be continued, provided it remains otherwise lawful, subject to
the following provisions:
A. Permitted expansions.
(1)
An expansion (footprint or floor area) of a nonconforming building
or structure shall be permitted on a conforming side when all of the
following conditions exist:
(a)
Only one side of the building or structure does not conform
with setback requirements.
(b)
The side which is nonconforming provides at least 90% of the
setback and building spacing requirements.
(c)
The expansion will conform with all setback, building spacing
and height requirements.
(2)
Except as noted above, no building or structure may be enlarged
unless a variance is granted by the Zoning Board of Appeals.
B. Replacement of a nonconforming single-family dwelling.
A nonconforming building used as a single-family residence, and its
accessory structures, may be continued, replaced, repaired or remodeled
if damaged by flood, fire, vandalism, accident or other natural disaster
if approved by the Zoning Board of Appeals. Such approval requires
a finding that the resulting building footprint will be the same size
or smaller than that of the building before such change or that the
building will become more conforming. Replacement of such a nonconforming
single-family building shall commence within one year of the date
of damage and work shall be diligently pursued toward completion.
Failure to complete replacement or diligently work toward completion
shall result in the loss of legal nonconforming status unless good
cause for the delay is accepted at a hearing before the Zoning Board
of Appeals.
C. Damaged nonconforming buildings and structures. Except as noted in Subsection
B above, a nonconforming building or structure which is damaged by flood, fire or vandalism to an extent of more than 50% of its market value prior to damage (as described in Subsection
H), exclusive of the foundation, shall be reconstructed only in conformity with the provisions of this chapter, unless the lot is a nonconforming lot of record, in which case the provisions of §
285-18.5 also apply. Such nonconforming building may be replaced provided replacement is commenced within one year of the date of damage and is being diligently pursued toward completion. Failure to complete replacement shall result in the loss of legal nonconforming status unless good cause for the delay is accepted at a hearing before the Zoning Board of Appeals.
D. Relocation of a nonconforming building or structure.
Should any nonconforming building or structure be relocated or moved
for any reason for any distance, it shall thereafter conform to the
regulations for the district in which it is located after it is relocated
or moved.
E. Safety-related repairs, improvements and modernization. Repairs, improvements, or modernization of nonconforming buildings or structures deemed necessary by the Department of Community Development to keep a nonconforming building structurally safe and sound shall be permitted provided such repairs or improvements do not exceed 50% of the market value (as described in Subsection
H) of the building or structure during any period of 12 consecutive months. This cost/value calculation shall not include any costs associated with modernization of electrical, plumbing, heating or cooling systems to meet Building Code requirements. Any such repairs, improvements, and modernization shall
not result in an enlargement of the nonconforming structure. However,
if a nonconforming structure or a structure containing a nonconforming
use becomes physically unsafe or unlawful due to lack of maintenance
and repairs and is declared as such by the Department of Community
Development, it shall not thereafter be restored, repaired, or rebuilt
except in full conformity with the regulations in the district in
which it is located.
F. Non-safety improvements and modernization. Improvement or modernization of nonconforming structures which is not deemed necessary by the Department of Community Development to keep a nonconforming building structurally safe and sound shall be permitted provided such repairs or improvements do not exceed 25% of the market value of the structure (as described in Subsection
H) during any period of 12 consecutive months. Any such improvements or modernization shall not result in an enlargement of the nonconforming structure.
G. Elimination of nonconformity. In the event a nonconforming
situation is removed, the corresponding section of the building or
structure shall thereafter conform.
H. Market value. For the purpose of this article, market
value shall be determined by an acceptable independent appraisal provided
by the applicant. The Township Assessor shall review the appraisal.
The value of the repairs or improvements shall be based on a written
estimate from a licensed contractor provided by the applicant. This
estimate shall be reviewed by the Township Department of Community
Development.
The intent of this section is to permit improvements
and minor modifications to a conforming use and building which do
not meet all of the various site-improvement-related regulations of
this chapter. The purpose is to allow gradual compliance with the
site-related requirements, for the entire site, for sites which predate
the various standards of this chapter for landscaping, paving and
other non-safety site-related items. Such improvements or expansions
may be permitted by the Planning Commission during special land use
or site plan review without a complete upgrade of all site elements
under the following conditions:
A. The applicant is proposing reasonable site improvements
on the overall site in relation to the scale and construction cost
of the building improvements or expansion.
B. The applicant has addressed safety-related site issues
on the overall site.
C. The applicant has upgraded the overall site landscaping consistent with Article
13, Landscaping, Screening and Walls.
D. The improvement or minor expansion will not increase
noncompliance with site requirements.
E. A site plan shall be submitted in accordance with Article
21, Site Plan Review.
In the event there is a change in tenancy, ownership,
or management, an existing nonconforming use or structure shall be
allowed to continue provided there is no change in the nature or character
of such nonconformity.
No nonconformity shall be permitted to continue
in existence if it was unlawful at the time it was established.
The Zoning Administrator shall be responsible
for maintaining records of nonconforming uses and structures as accurate
as is feasible and for determining legal nonconforming uses and structures
in existence on the effective date of this chapter. Failure on the
part of a property owner to provide the Zoning Administrator with
necessary information to determine legal nonconforming status may
result in denial of requested or required permits.
In order to accomplish the elimination of nonconforming
uses and structures which constitute a nuisance or are detrimental
to the public health, safety and welfare, Grosse Ile Township, pursuant
to Section 16 of Public Act 184 of 1943, as amended, may acquire,
by purchase, condemnation or otherwise, private property for the purpose
of removal of nonconforming uses.