Charlevoix City Zoning Code
NON-CONFORMITIES
§ 153.290 INTENT.
(A) It is recognized that there exists within zoning districts certain lots, buildings, structures and uses which were lawful before this chapter was passed or amended, but are now prohibited, regulated or restricted under the terms of this chapter. It is the intent to permit these legal non-conformities to continue until they are removed, but not to encourage their survival.
(B) Non-conforming lots, buildings, structures and uses are declared by this chapter to be incompatible with the provisions of the districts in which they are located. It is the intent of this chapter that these non-conformities shall not be enlarged upon, expanded or extended, except as otherwise permitted in this subchapter, nor be used as grounds for adding other buildings, structures or uses prohibited elsewhere in the district.
(C) Nothing in this chapter shall be deemed to require a change in the 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 and upon which actual building construction has been diligently conducted.
(D) Nothing in this chapter shall be interpreted as authorization for, or approval of, the continuance of the use of a structure or premises in violation of the zoning regulation in effect at the time of the adoption of this chapter.
(Prior Code, § 5.150)
§ 153.291 NON-CONFORMING LOTS OF RECORD.
(A) Where a legally established lot of record in existence at the time of adoption or amendment of this chapter does not meet the minimum requirements for lot width or lot area, the lot of record may be used for any permitted or special land use in the district in which the lot is located; provided that, any building or structure constructed on the lot complies with all other requirements for the zoning district, except as subject to the following:
(1) Required minimum front and rear yard setbacks and the maximum building height limitations shall be met as required in the zoning district in which the lot is located.
(2) The required minimum side yard setback for a lot which is non-conforming by reason of lot width shall be 10% of the width of the non-conforming lot, but in no event shall the required minimum side yard setback for such a non-conforming lot be less than five feet on each side.
(B) If two or more vacant lots of record or a combination of lots and portions of lots of record in existence at the time of the passage of this chapter, or an amendment thereto, with continuous frontage and under single ownership do not meet the requirements established for lot width or lot area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of that parcel shall be used or divided in a manner which diminishes compliance with lot width and area requirements established by this chapter.
(Prior Code, § 5.151)
§ 153.292 NON-CONFORMING USES.
(A) A non-conforming use shall not be enlarged or increased, nor extended to occupy a greater area of land or building area than was occupied at the effective date of adoption or amendment of this chapter.
(B) No part of any non-conforming use shall be moved unless that movement eliminates or reduces the non-conformity.
(C) If a non-conforming use is abandoned for any reason for a period of more than 12 months, any subsequent use shall conform to the requirements of this chapter. A non-conforming use shall be determined to be abandoned if one or more of the following conditions exists, and which shall be deemed to constitute an intent on the part of the property owner to abandon the non-conforming use:
(1) Utilities, such as water, gas and electricity to the property, have been disconnected;
(2) The property, buildings and grounds have fallen into disrepair;
(3) Signs or other indications of the existence of the non-conforming use have been removed;
(4) Equipment or fixtures necessary for the operation of the non-conforming use have been removed; and
(5) Other actions which, in the opinion of the Zoning Administrator, constitute an intention on the part of the property owner or lessee to abandon the non-conforming use.
(D) A non-conforming use may be changed to another non-conforming use provided all of the following determinations are made by the Zoning Board of Appeals.
(1) The proposed use shall be as compatible or more compatible with the surrounding neighborhood than the previous non-conforming use, considering factors such as hours of operation, traffic, noise and similar external impacts.
(2) The proposed non-conforming use shall not be enlarged or increased, nor extended to occupy a greater area of land or building area than the previous non-conforming use.
(3) That appropriate conditions and safeguards are provided that will ensure compliance with the intent and purpose of this chapter.
(E) Uses consisting of lots occupied by storage yards, used car lots, auto wrecking, junk yards, golf driving ranges, miniature golf courses and similar open uses, where the only buildings on the property are ancillary to the open use and where the use is non-conforming shall be subject to the following restrictions, in addition to all other applicable provisions of this subchapter.
(1) When a non-conforming use has been changed to a conforming use, it shall not be used again for any other non-conforming use.
(2) Non-conforming open uses of land shall only be converted to a conforming use.
(3) A non-conforming open use of land shall not be enlarged to cover more land than was occupied by that use when it became non-conforming.
(4) When any non-conforming use is discontinued for a period of more than six months, any future use of the land shall be limited to those uses permitted in the zoning district under which the property is governed. Vacancy and/or non-use of the land, regardless of the intent of the owner or tenant, shall constitute discontinuance under this provision.
(Prior Code, § 5.152)
§ 153.293 NON-CONFORMING BUILDINGS OR STRUCTURES.
(A) Where a lawful building or structure exists at the effective date of this chapter, or an amendment thereto, that does not comply with the requirements of this chapter because of restrictions such as lot area, lot coverage, width, height or setbacks, that building or structure may continue to be occupied and used so long as it remains otherwise lawful, subject to the following provisions.
(1) No non-conforming building or structure may be enlarged or altered in a way that increases its non-conformity, except in cases in which the setback of a building or structure is non-conforming by 50% or less of the distance required by this chapter. Only in these cases may the non-conforming setback be extended along the same plane as the existing non-conforming setback; provided that, in doing so, the setback itself is not further reduced.
(2) In the event that a non-conforming building or structure is destroyed to an extent of more than 50% of its replacement value, exclusive of the foundation, it shall be reconstructed only in conformity with the provisions of this chapter; provided that, the Zoning Board of Appeals may, upon application, permit the reconstruction of the non-conforming building or structure if all of the following conditions are met.
(a) The prior non-conforming condition(s) shall not be increased.
(c) The new building or structure shall be placed on the original foundation, unless the building or structure could be so located as to reduce the extent of its non-conformity on the lot.
(d) The application to reconstruct the non-conforming building or structure shall be filed with the Zoning Administrator within six months of the event in which the building or structure was damaged or destroyed.
(e) The reconstruction of the building or structure shall not be detrimental to adjacent property and the surrounding neighborhood.
(3) If a non-conforming building or structure is moved for any reason and for any distance, it shall be moved to a location which complies with the requirements of this chapter.
(B) None of the provisions of this section are meant to preclude normal repairs and maintenance on any non-conforming building or structure that would prevent strengthening or correcting any unsafe condition of the building or structure.
(Prior Code, § 5.153)
§ 153.294 UNLAWFUL NON-CONFORMITIES.
Any lot, use, building or structure established in violation of the provisions of this chapter or any prior zoning ordinance or amendment shall not be considered a legal non-conformity and shall not be entitled to the provisions, remedies and safeguards of this subchapter.
(Prior Code, § 5.154)
§ 153.999 PENALTY.
(A) Any person, partnership, corporation or association who creates or maintains a nuisance per se or who violates or fails to comply with this chapter or any permit issued pursuant to this chapter shall be responsible for a municipal civil infraction punishable by a fine of no more than $500 as determined by the court. Every day that such violation continues shall constitute a separate and distinct offense under the provisions of this chapter. Nothing in this section shall exempt the offender from compliance with the provisions of this chapter.
(B) Upon the request of the Zoning Administrator, the city’s Police Chief or any city police officer is authorized to issue municipal civil infraction citations directing alleged violators of this chapter to appear in court.
(C) In addition to enforcing this chapter through the use of a municipal civil infraction proceedings, the city may initiate proceedings in the Circuit Court to abate or eliminate the nuisance per se or any other violation of this chapter.
(D) If during an enforcement action an alleged zoning violator files a request for a variance, the enforcement action may be adjourned until a hearing is held on the variance request.
(Prior Code, § 5.163)