Clinton Charter Township
City Zoning Code
City Zoning Code
CHAPTER 1298
Nonconforming Uses
1298.01 INTENT.
(a) It is the intent of this chapter to permit legal nonconforming lots, structures or uses to continue until they are removed, but not to encourage their survival.
(b) It is recognized that there exist within the districts established by this Zoning Code and subsequent amendments, lots, structures and uses of land and structures which were lawful before this Zoning Code was passed or amended which would be prohibited, regulated or restricted under the terms of this Zoning Code or future amendments. Such uses are declared by this Zoning Code to be incompatible with permitted uses in the districts involved.
(c) It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as the basis for adding other structures or uses prohibited elsewhere in the same district.
(d) A nonconforming use of either or both a structure and/or land shall not be extended or enlarged after the effective date of this Zoning Code by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited in the district involved.
(e) To avoid undue hardship, nothing in this Zoning Code 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 this Zoning Code, or any amendment thereto, and upon which construction has diligently proceeded and progressed. Actual construction is hereby defined to include the placing of construction materials in a permanent manner, except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall diligently proceed and progress until the completion of the building involved.
(Ord. Passed 10-30-23.)
1298.02 NONCONFORMING LOTS.
In any district in which one-family dwellings are permitted, notwithstanding limitations imposed by other regulations of this Zoning Code, a one-family dwelling and customary accessory building may be erected on any single lot of record on the effective date of this Zoning Code, or any amendment thereto. This regulation shall apply even though such lot fails to meet the requirements for area and/or width that are generally applicable in the district, provided that yard dimensions and other requirements not involving area and/or width of the lot shall conform to the regulations for the district in which such lot is located. A variance from yard requirements may be obtained after public hearing and approval by the Board of Appeals.
(Ord. Passed 10-30-23.)
1298.03 NONCONFORMING USES OF LAND.
Where, on the effective date of this Zoning Code, or any amendment thereto, a lawful use of land exists which is not permissible under the provisions of this Zoning Code as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following regulations:
(a) No such nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied on the effective date of this Zoning Code, or any amendment thereto.
(b) 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 on the effective date of this Zoning Code, or any amendments thereto.
(c) 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 of this Zoning Code for the district in which such land is located.
(Ord. Passed 10-30-23.)
1298.04 NONCONFORMING STRUCTURES.
Where a lawful structure exists on the effective date of this Zoning Code, or any amendment thereto, which could not be built under the provisions of this Zoning Code by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following regulations:
(a) No structure may be enlarged or altered in a way which increases its nonconformity, i.e. existing residences on lots of a width less than that required herein may add a rear porch, provided that other requirements relative to yard space and land coverage are met.
(b) Should a structure be destroyed by any means to an extent of more than 50% of its reasonable market value, it shall not be reconstructed except in conformity with the regulations of this Zoning Code.
(c) Should such structure be moved for any reason, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(Ord. Passed 10-30-23.)
1298.05 NONCONFORMING USES OF STRUCTURES AND LAND.
If a lawful use of a structure or of structures and land in combination exists on the effective date of this Zoning Code, or any amendment thereto, which would not be allowed in the district under the regulations of this Zoning Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following regulations:
(a) No existing structure devoted to a use not permitted by this Zoning Code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.
(b) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use and which existed on the effective date of this Zoning Code, or any amendment thereto, but no such use shall be extended to occupy any land outside such building.
(c) If no structural alterations are made, any nonconforming use of a structure or structures and premises may be changed to another nonconforming use, provided that the Board of Appeals, by making findings in the specific case, shall find that the proposed use is equally compatible or more compatible to the district than the existing nonconforming use. In permitting such change, the Board of Appeals may require appropriate conditions and safeguards in accordance with the purpose and intent of this Zoning Code.
(d) Any structure or structure and land in combination in or on which a nonconforming use is superseded by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not be resumed.
(e) When a nonconforming use of a structure or structure and premises in combination is discontinued or ceases to exist for six consecutive months, or for eighteen months during any three-year period, the structure or structure and premises in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located. Structures occupied by successive seasonal uses shall be excepted from this regulation.
(f) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(Ord. Passed 10-30-23.)
1298.06 REPAIRS AND MAINTENANCE.
(a) On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing to an extent not exceeding 25% of the market value on the date of repair, provided that the cubic content of the building, as it existed on the effective date of this Zoning Code, or any amendment thereto, shall not be increased.
(b) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(Ord. Passed 10-30-23.)
1298.07 CHANGE OF TENANCY OR OWNERSHIP.
There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures and premises, provided that there is no change in the nature or character of such nonconforming uses.
(Ord. Passed 10-30-23.)