Buchanan Township City Zoning Code
ARTICLE XXV
Nonconforming Uses and Structures
§ 300-25.01 Description and purpose.
Nonconformities are uses, structures, buildings, or lots which do not conform to one or more provisions or requirements of this chapter or a subsequent amendment, but which were lawfully established prior to the time of adoption of the ordinance or amendment. Such nonconformities are declared by this chapter to be incompatible with the current or intended use of land in the district in which they are located.
Accordingly, the purpose of this article is to establish regulations that govern the completion, restoration, reconstruction, extension, and/or substitution of nonconformities, and to specify the circumstances and conditions under which nonconformities shall be permitted to continue.
§ 300-25.02 Nonconforming uses of land.
A nonconforming use of land occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located.
Where, on the effective date of this chapter, or the effective date of an amendment of this chapter, a lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
Expansion of use. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
Moving. No such nonconforming use shall 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 adoption or amendment of this chapter.
Discontinuation of use. If such nonconforming use of land ceases for any reason for a period of more than 12 consecutive months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which it is located.
§ 300-25.03 Continuance of nonconforming use or structure.
In general. A nonconforming structure exists when the height, size, minimum floor area, or lot coverage by a structure or the relationship between an existing building and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located.
Nonconforming structures. Where a building permit has been issued to a lawful structure prior to the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
Expansion of structure. Structures or uses nonconforming by reason of height, yard area, or parking provisions may be extended, altered or modernized, provided that no additional encroachment of the height, yard, area or parking provisions are occasioned thereby.
Moving. Should such structure be moved for any reason for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is relocated after it is moved.
Damage and destruction. In the event that a building or structure that is nonconforming is damaged or destroyed by fire, flood, wind or other natural means, a similar building, designed for the same purpose, and of the same size may be repaired and constructed in substantially the same location as the previous building or structure and its use for the same purpose may be continued if the cost of repair, reconstruction or restoration is not more than 50% of the building's pre-catastrophe fair market value. In the event that repair and construction of said building is not commenced within a period of 12 months after the aforesaid damage and destruction, then the building or structure shall conform to the uses allowed in the zoning district in which they are located. Restoration shall be started within a period of one year (12 months) after the time of such damage or event and shall be diligently pursued to completion. An extension may be granted upon review and approval by the Planning Commission.
Abandonment. In the event that the use of said premises, buildings or structures is discontinued or abandoned for a period of more than 12 months, after the aforesaid damage and destruction, then the use of the premises, and buildings and structures located hereon, shall conform to the uses allowed in the zoning district within which they are located.
Preexisting lots of record. Lots of record legally in existence as of the date of adoption of this chapter which do not meet the minimum lot area or width standards of this chapter shall not be regarded as nonconforming, provided the existing or proposed use shall meet all yard requirements.
§ 300-25.04 Alterations, repairs and maintenance.
Protecting public safety. Repairs or maintenance deemed necessary by the Building Inspector to keep a nonconforming building structurally safe and sound are permitted. However, if a nonconforming structure or a structure containing a nonconforming use becomes physically unsafe and/or unlawful due to lack of maintenance and repairs and is declared as such by the Building Inspector, it shall not thereafter be restored, repaired, or rebuilt except in full conformity with the regulations in the district in which it is located.
Enlargement and extension beyond present building confines. No nonconforming use of land including residential dwellings shall hereafter be enlarged or extended beyond its present building confines.
A nonconforming building may be enlarged or extended only if the entire building is thereafter devoted to a conforming use and is made to conform to all the regulations of the district in which it is located, except as provided herein.
No building partially occupied by a nonconforming use shall be altered in such a way as to permit the enlargement or expansion of the space occupied by such nonconforming use, except as provided herein.
No nonconforming use may be enlarged or extended in such a way as to occupy any required usable open space, or any land beyond the boundaries of the zoning lot as it existed on the effective date of this chapter, or to displace any conforming uses in the same building or on the same parcel, except as provided herein.
A building or structure which is nonconforming with respect to yards or any other element of bulk regulated herein shall not be altered or expanded in any manner which would increase the degree or extent of its nonconformance with respect to the bulk regulations of the district in which it is located, except as provided herein.
Enlargement, extension and increase in bulk, of building, improvements or uses of a nonconforming use may be granted by the Township Zoning Board of Appeals by a variance authorized pursuant to the procedures provide in this chapter.
§ 300-25.05 Township removal of nonconforming uses and structures.
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, the Township, pursuant to Section 208, Public Act 110 of 2006, MCLA § 125.3208, as amended, may acquire by purchase, condemnation or otherwise, private property for the purpose of removal of the nonconformity.
§ 300-25.06 Change in tenancy or ownership.
There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures and premises, provided there is no change in the nature or character of such nonconforming uses except in conformity with the provisions of this chapter.
§ 300-25.07 Encumbering land required to satisfy regulations.
No portion of a lot necessary for compliance with the provisions of this chapter in regard to area, height, bulk, and placement regulations in connection with an existing or proposed building, structure, or use shall through sale or otherwise again be used as a part of the lot required in connection with any other building or structure or use.
§ 300-25.08 Unlawful nonconformities.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
By definition, "nonconforming" refers to a lot, building, or use that was legally in existence at the effective date of this chapter or that was in conformance with this chapter at the time it was established. Any structure or use that was not legally established is hereby declared unlawful.
§ 300-25.09 Recording of nonconforming uses and structures.
The Township 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 Township with necessary information to determine legal nonconforming status may result in denial of required or requested permits.
§ 300-25.10 Plans already filed.
Where plans for a building have been filed which would conform with the zoning regulations then effective, but not with subsequently enacted regulations, and where a building permit for such building has been issued, such building may be erected provided construction is begun within three months and diligently pursued to completion.