Dearborn City Zoning Code
ARTICLE 3
00 - NONCONFORMITIES
Sec. 3.01. - Intent.
Nonconformities are uses, structures, buildings, or lots which do not conform to one or more provisions or requirements of this ordinance or a subsequent amendment, but which were lawfully established prior to the time of adoption of the ordinance or amendment. Such nonconformities are not compatible with the current or intended use of land in the district in which they are located. Therefore, it is the intent of this ordinance to permit such nonconformities to continue under certain conditions, but to discourage their expansion, enlargement, or extension. Accordingly, the purpose of this section 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.
(Ord. No. 24-1832, 12-10-2024)
Sec. 3.02. - General requirements.
A. Continuation of nonconforming uses and structures. Any lawful nonconformities established on or before the effective date of this ordinance or subsequent amendment may be continued and shall not be considered to be in violation of this ordinance, provided that, unless otherwise noted in this Article, the building and land involved shall neither be structurally altered, nor enlarged unless such modifications conform to the provisions of this ordinance for the district in which it is located. Nothing in this ordinance shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official.
B. Buildings under construction. To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in 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 ordinance and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing structure has begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that such work shall be diligently carried on until completion of the building involved.
C. Recording of nonconforming uses and structures. The city 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 ordinance. Failure on the part of a property owner to provide the city with necessary information to determine legal nonconforming status may result in denial of required or requested permits.
D. Establishment of a conforming use or structure. In the event that a nonconforming principal use or structure is superseded by a conforming principal use or structure on a site, the nonconforming use or structure shall be immediately and permanently removed.
E. A change of tenancy, ownership or management of any existing nonconforming uses of land, structures and premises shall not alter the nonconforming status of a nonconforming building, structure, use, or lot, provided there is no change in the nature or character of such nonconforming uses.
F. Exceptions and variances. Any use for which a special exception or variance has been granted as provided in this ordinance shall not be deemed a nonconformity.
G. Unlawful nonconformities. No nonconformity shall be permitted to continue in existence if it was unlawful at the time it was established.
(Ord. No. 24-1832, 12-10-2024)
Sec. 3.03. - Nonconforming lots of record.
The following regulations shall apply to any nonconforming lot of record or nonconforming lot described in a deed or land contract executed and delivered prior to the effective date of this ordinance or amendment thereto:
A. Use of nonconforming lots. Any lot of record existing at the effective date of the ordinance codified in this chapter that now fails to meet the requirements for area or width, or both, that are generally applicable in the district shall be considered a nonconforming lot. A principal building and customary accessory buildings for a permitted use may be erected on any nonconforming lot of record, provided all other standards are met, such as setbacks, minimum floor area, maximum height and access requirements.
B. Variance from area and bulk requirements. If the use of a nonconforming lot requires a deviation from the area or bulk requirements, then such use shall be permitted only if a variance is granted by the zoning board of appeals.
C. Nonconforming contiguous lots under the same ownership. If two (2) or more lots or combination of lots with contiguous frontage in single ownership are of record at the time of adoption or amendment of this ordinance, and if all or part of the individual lots do not meet the requirements established for lot width and area, the lots involved shall be considered to be an individual parcel for the purposes of this ordinance. No portion of said parcel shall be used, occupied, or sold in a manner which diminishes compliance with lot width and area requirements established by this ordinance, nor shall any division of a parcel be made which creates a lot with width or area less than the requirements stated in this ordinance. These provisions shall not apply to contiguous lots in single ownership where each of the lots is occupied by a dwelling unit.
D. Combination of nonconforming lots. Upon application to the city planner, they may permit the combination, in whole or in part, of nonconforming lots of record into building sites less than the size requirements established by this ordinance, provided that the combination of lots reduces the degree of nonconformity and results in a parcel which is capable of accommodating a structure that is in conformance with the building area, setback, and side yard requirements of this ordinance.
(Ord. No. 24-1832, 12-10-2024)
Sec. 3.04. - Nonconforming uses.
Where, at the effective date of this Article or amendment thereto, lawful use of land exists that is made no longer permissible under the provisions of this Article as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the regulations outlined within this section of the ordinance.
A. Applicability. The following regulations shall apply to any nonconforming use includes nonconforming uses of open land and nonconforming uses operating within existing buildings and structures.
B. Increase in nonconformity prohibited. Except as specifically provided in this section, a nonconforming use shall not be enlarged or increased, or extended to occupy a greater area of land. A nonconforming use shall not be permitted to make any physical modifications to a building, structure, or property that results in the use operating in a more intensive manner.
C. Permitted improvements. On any structure devoted in whole or in part to any nonconforming use, work may be done to an extent not exceeding fifty (50) percent of the estimated value of the structure, as determined by the most recent assessment of the market value of the structure for purposes of taxation, provided that the gross floor area of the structure is not increased.
D. Abandonment. A nonconforming use shall be determined to be abandoned if one (1) or more of the following conditions exist, and which shall be deemed to constitute an intent on the part of the property owner to abandon the nonconforming use:
1. Utilities, such as water, gas and electricity to the property, have been disconnected.
2. The property, buildings, or grounds have fallen into disrepair.
3. Signs or other indications of the existence of the nonconforming use have been removed.
4. Removal of equipment or fixtures which are necessary for the operation of the nonconforming use.
5. Other actions, in the opinion of the Planning Commission, constitute an intention on the part of the property owner or lessee to abandon the nonconforming use.
E. Substitution. If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the Planning Commission, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate in the district than the existing nonconforming use; in permitting such change, the Planning Commission may require appropriate conditions and safeguards in accord with the purpose and intent of this ordinance.
F. Those alleged nonconforming uses which cannot be proved to have been lawfully established shall be declared illegal and shall be discontinued following the effective date of this section.
G. Nothing in this section shall be deemed to prevent the strengthening or restoring to a safe condition of any structure or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of such official.
(Ord. No. 24-1832, 12-10-2024)
Sec. 3.05. - Modification to nonconforming single-family residential structures.
A. Intent. It is hereby the intent of the City of Dearborn to classify single-family homes with nonconforming setbacks as a benign nonconformity. As such, the city will permit additional flexibility for existing single-family homes that do not meet current setback requirements in order to encourage continued improvement and maintenance of Dearborn’s housing stock.
B. Expansion of Nonconforming Residential Structures. Existing single-family residential structures may be permitted to extend upward and/or along an existing nonconforming side or rear setback subject to the following conditions:
1. The proposal does not result in an enlargement of an existing dimensional nonconformity (i.e. the degree of nonconformity cannot be further increased).
(Ord. No. 24-1832, 12-10-2024)
Sec. 3.06. - Modification to nonconforming structures or sites.
No nonconforming structure or site shall be enlarged, extended, or structurally altered, nor shall any nonconformity be changed to a different nonconformity which increases the intensity of use or nonconformity, except as specifically permitted by the following regulations.
A. Increase in nonconformity prohibited. Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of any nonconformity including but not limited to:
1. Greater nonconformity with respect to dimensional restrictions, such as setback requirements, height limitations, density requirements, or other requirements in the district in which the property is located.
2. Greater nonconformity with respect to site requirements, such as landscaping, paving, screening, or other requirements that apply to how a property is developed.
B. Required repairs. Repairs or maintenance deemed necessary by the building official to keep a nonconforming building structurally safe and sound are permitted.
C. Alterations that decrease nonconformity. Any nonconforming structure or site may be altered if such alteration serves to decrease the nonconforming nature, subject to the limitations in Section 3.06.D. below.
D. Additional permitted improvements. Additional repairs, improvements, or modernization of nonconforming structures or sites, beyond what is required to maintain the safety and soundness of a structure, shall not result in any of the following conditions:
1. Enlargement of any existing dimensional nonconformity (construction of a building addition along an existing nonconforming setback line is prohibited, any addition shall not be placed within the required setback).
2. Expansion of a nonconforming use.
3. Creation of any new nonconformity.
4. An increase in gross floor area (excluding basements) of more than thirty-eight (38) percent.
5. Expansion of a structure or use that is nonconforming per the parking requirements in Article 4 unless the new parking requirement is met.
(Ord. No. 24-1832, 12-10-2024)
Sec. 3.07. Damage by fire or other catastrophe.
Any nonconforming structure or structure housing a nonconforming use that is damaged by fire, flood, or other means in excess of fifty (50) percent of the structure's precatastrophe fair market value (as determined by the city assessor) shall not be rebuilt, repaired, or reconstructed, except in complete conformity with the provisions of this ordinance. In the event that the damage is less than fifty (50) percent of the structure's precatastrophe fair market value, the structure may be restored to its precatastrophe status. Such restoration shall take place only upon approval of the director of building and safety and in full compliance shall be completed within one (1) year from the date of catastrophe.
(Ord. No. 24-1832, 12-10-2024)
Sec. 3.08. Definitions.
For the purposes of this Article, the following words and phrases shall have the meaning ascribed to them:
Effective date. Whenever this Article refers to the "effective date," the reference shall be deemed to include the effective date of any amendments to this ordinance if the amendments created a nonconforming situation.
Nonconforming building. A building or portion thereof which was lawfully in existence at the effective date of this ordinance, February 11, 1993, or amendments thereto, that does not meet the limitations on building size, location on a lot, or other regulations for the district in which such building is located.
Nonconforming lot. A lot which was lawfully in existence at the effective date of this ordinance, February 11, 1993, or amendments thereto, that does not meet the minimum area or lot dimensional requirements of the district in which the lot is located.
Nonconforming sign. A sign which was lawfully in existence on the effective date of this ordinance, February 11, 1993, or amendments thereto, that does not conform to one (1) or more regulations set forth in the ordinance.
Nonconforming use. A use which was lawfully in existence at the effective date of this ordinance, February 11, 1993, or amendment thereto, and which does not now conform to the use regulations of this ordinance for the zoning district in which it is now located.
Structural nonconformity. A nonconformity that exists when the height, size, or minimum floor space of a structure, or the relationship between an existing building and other buildings or lot lines, does not conform to the standards of the district in which the property is located. Also sometimes referred to as a dimensional nonconformity.
(Ord. No. 24-1832, 12-10-2024)