Clinton Township City Zoning Code
NONCONFORMING USE
SPECIFICATIONS
§ 152.055 CONTINUATION AND RECONSTRUCTIONS.
The lawful use of a building or premises, existing at the time of passage of this chapter may be continued although such use does not conform to all the provisions of this chapter, except as hereinafter provided.
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§ 152.056 EXTENSION.
A nonconforming use may be extended throughout a building provided no structural alterations are made therein, except those required by law.
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§ 152.057 CHANGE.
A nonconforming use may be changed to another nonconforming use of the same or greater restrictions, provided no structural changes are made in the building. Whenever a nonconforming use has been changed to a conforming use or to a use permitted in a district of greater reconstructions, it shall not thereafter be changed to a nonconforming use or a less restricted one.
(Ord. passed - -) Penalty, see § 152.999
§ 152.058 ERECTION AND RE-ERECTION OF BUILDINGS.
No building shall be erected upon any premises devoted to a nonconforming use, and no building located upon any such premises, which has been damaged by fire or other causes to the extent of more than 75% of its appraised valuation, shall be repaired or rebuilt, except in conformity with regulations of this chapter. A building devoted to a nonconforming use which has been damaged by fire or other causes to the extent less than 75% of its appraised valuation must be reconstructed within a period not to exceed 12 months in order to continue to use such building devoted to a nonconforming use.
(Ord. passed - -) Penalty, see § 152.999
§ 152.059 TEMPORARY PERMITS.
The Board of Zoning Appeals may authorize, by written permit in a residential district for a period of not more than one year from the date of such permit, a temporary building for commercial or industrial use incidental to the residential construction and development of said district.
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§ 152.060 RIGHT TO CONSTRUCT IF PERMIT ISSUED.
Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which has been diligently prosecuted within 90 days of the date of such permit and which entire building shall be completed according to such plans, as filed within three years from the date of passage of this chapter.
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§ 152.061 USE TO CONFORM AFTER DISCONTINUANCE.
In the event that a nonconforming use of any building or premises is discontinued for a period of one year, the use of the same shall thereafter conform to the uses permitted in the district in which it is located.
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§ 152.062 DISCONTINUANCE OF NONCONFORMING USE OF LAND.
The lawful use of land for junk yards and trash storage, which does not conform to the provisions of this chapter, shall be discontinued within two years of written notification, and the use of land for junk yards and trash storage, which may become a nonconforming use by reason of an amendment to this chapter, shall be discontinued within two years of written notification. It shall be a requirement that two-thirds of the Plan Commission membership be in attendance at any meeting when action on the preceding is taken.
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§ 152.063 NONCONFORMING USE CREATED BY AMENDMENT.
These provisions apply in the same manner to a use which may become a nonconforming use due to a later amendment to this chapter.
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