Clarkston City Zoning Code

Nonconformities were created when zones were first assigned to the landscape or they are a result of a zoning change. They are generally considered a nuisance and it is generally in the community's best interest to eliminate them over time. Within the context of the following regulations of this section, the purpose is to seek the elimination of nonconformities within residential zones if a use is discontinued but to recognize that hardship situations, such as destruction by fire, should not constitute grounds for the elimination of the nonconformity. Within commercial zones, it is recognized that nonconformities generally are not as severe as a nuisance and are therefore given a longer grace period if the use is discontinued.

Subject to the provisions of this chapter, a nonconforming use or structure may be continued and maintained in reasonable repair but shall not be altered or extended, except that a structure conforming as to use but nonconforming with respect to height, setback or lot coverage may be altered or extended; provided, that the degree of nonconformance shall not be increased, and the current requirements of the zone in which it is located shall be observed with respect to the new portion of the building.

If a nonconforming use is replaced by another use, the new use shall conform to this title.

If a nonconforming structure or a structure containing a nonconforming use is destroyed by any cause, a future structure or use may be constructed on the property to replace the destroyed structure or use; provided, that the replacement use or structure do not create a more intensive impact on the adjoining property or neighborhood. Examples of more intensive impacts would include more noise, greater building height, buildings constructed closer to the property line, etc.

Nothing contained in this title shall require any change in the plans, construction, alteration or designated use of a structure for which a permit has been issued and construction work has commenced prior to the adoption of this title, except that if the building is nonconforming or is intended for a nonconforming use, it shall be completed and in use within two years from the time the permit was issued.

A nonconforming use not involving a structure or one involving a structure having an assessed value of less than $200.00 shall be discontinued within one year from December 14, 1970.