(a)

Intent and purpose. Nonconformities are uses, structures, buildings, or lots which do not conform to one (1) or more provisions or requirements of this chapter or a subsequent amendment, but which were lawfully established prior to the time of adoption of the chapter 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 chapter to permit such nonconformities to continue under certain conditions, but to discourage their expansion, enlargement, or existence. Accordingly, the purpose of this section is to establish regulations that govern the completion, restoration, reconstruction, expansion, and/or substitution of nonconformities, and to specify the circumstances and conditions under which nonconformities shall be permitted to continue.

(b)

Summary. The following table summarizes the nonconforming regulations contained in this article:

(Ord. No. H-07-01, § 18.01, 7-24-07)

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 chapter if the amendments created a nonconforming situation.

Nonconforming building. A building or portion thereof 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 existing at the effective date of this chapter, or amendments thereof, that does not meet the minimum area or lot dimensional requirements of the district in which the lot is located.

Nonconforming sign. A sign that on the effective date of this chapter does not conform to one (1) or more regulations set forth in the chapter.

Nonconforming use. A use which was lawfully in existence at the effective date of this chapter, or amendment thereto, and which does not now conform to the use regulations of this chapter 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. H-07-01, § 18.02, 7-24-07)

The following regulations shall apply to all nonconforming uses, structures, and lots:

(1)

Continuation of nonconforming uses and structures. Any lawful nonconforming use existing on the effective date of this chapter or amendment thereto may be continued and shall not be considered to be in violation of this chapter, 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 chapter for the district in which it is located. 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 an official charged with protecting the public safety, upon order of such official.

(2)

Buildings under construction. To avoid undue hardship, nothing in this chapter 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 chapter 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 building has begun preparatory to rebuilding, such work shall be deemed to be actual construction, provided that such work shall be diligently carried on until completion of the building involved.

(3)

Discontinuation of nonconforming uses and structures.

a.

Nonconforming structure. When a nonconforming use of a structure, or structure and land in combination is discontinued or abandoned for twelve (12) consecutive months or discontinued for any period of time without a present intention to reinstate the nonconforming use, the structure or structure and land in combination shall not thereafter be used except in conformance with the provisions of the district in which it is located.

b.

Nonconforming uses of open land. If any nonconforming use of open land ceases for any reason for a period of more than one hundred eighty (180) days, any subsequent use of such land shall conform to the provisions set forth of the district in which it is located.

c.

Seasonal uses. In applying this subsection to seasonal uses, the time during the off-season shall not be counted.

(4)

Purchase or condemnation. In order to accomplish the elimination of nonconforming uses and structures which constitute a nuisance or are detrimental to the public health, safety and welfare, the City of Dearborn Heights, pursuant to Section 208, Public Act 110 of 2006, as amended, may acquire by purchase, condemnation or otherwise, private property for the purpose of removal of nonconforming uses.

(5)

Recording of nonconforming uses and structures. The building official 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 chapter. Failure on the part of a property owner to provide the building official with necessary information to determine legal nonconforming status may result in denial of required or requested permits.

(6)

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.

(7)

Change of tenancy or ownership. In the event there is a change in tenancy, ownership, or management, an existing nonconforming use or structure shall be allowed to continue provided there is no change in the nature or character of such nonconformity.

(8)

Exceptions and variances. Any use for which a special exception or variance has been granted as provided in this chapter shall not be deemed a nonconformity.

(9)

Unlawful nonconformities. No nonconformity shall be permitted to continue in existence if it was unlawful at the time it was established.

(10)

Substitution. A nonconforming use may be changed to another nonconforming use upon approval of the zoning board of appeals provided that no structural alterations are required to accommodate the new nonconforming use, and that the proposed use is equally or more appropriate in the district than the existing nonconformity. In permitting such a change, the zoning board of appeals may require conditions to accomplish the purposes of this chapter.

(11)

Change of location. Should a nonconforming structure be moved to another parcel or to another location on the same parcel for any reason whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Ord. No. H-07-01, § 18.03, 7-24-07)

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 chapter or amendment thereto:

(1)

Use of nonconforming lots. Any nonconforming lot shall be used only for a use permitted in the district in which it is located. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot record of in existence at the effective date of adoption or amendment thereto. This provision shall apply even though such single-family lot fails to meet the requirements for area or width, or both, provided that:

a.

The lot width, area, and open space are not less than seventy-five (75) percent of the requirements established for the district in which the lot is located, and

b.

The lot can be developed as proposed without any significant adverse impact on surrounding properties or the public health, safety, and welfare.

c.

Public water and sanitary sewer service shall be required for any use of a nonconforming lot.

(2)

Variance from area and bulk requirements. If the use of nonconforming lot requires a variation from the area or bulk requirements, then such use shall be permitted only if a variance is granted by the zoning board of appeals.

(3)

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 chapter, 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 chapter, provided that:

a.

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 chapter, nor shall any division of a parcel be made which creates a lot with width or area less than the requirements stated in this chapter; and,

b.

These provisions shall not apply to contiguous lots in single ownership where each of the lots is occupied by an existing home.

(4)

Combination of nonconforming lots. Upon application to the city council, the city council 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 chapter, 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 chapter.

(Ord. No. H-07-01, § 18.04, 7-24-07)

No nonconforming use or structure shall be enlarged, expanded, 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 regulations which follow:

(1)

Applicability. The following regulations shall apply to any nonconforming use or structure, including:

a.

Nonconforming uses of open land.

b.

Nonconforming use of buildings designed for a conforming use.

c.

Nonconforming use of buildings specifically designed for the type of use which occupies them but not suitable for a conforming use.

d.

Buildings designed and used for a conforming use but not in conformance with area and bulk, parking, loading, or landscaping requirements.

e.

Nonconforming structures, such as fences and signs.

(2)

Enlargement, expansion, or alteration.

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 degree of any nonconformity. For example, physical alteration of structures or the placement of new structures on open land is unlawful if such activity results in:

1.

An increase in the total amount of space devoted to a nonconforming use, or

2.

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.

b.

Permitted expansion. Any nonconforming use may be expanded throughout any part of a building which was manifestly arranged or designed for such use at the time of adoption or amendment of this chapter, but no such use shall be expanded to occupy any land outside such building. No nonconforming use of land shall be enlarged, increased, or expanded to occupy a greater area of land, nor shall any such use be moved in whole or in part to any portion of the lot or parcel than was occupied on the effective date of this chapter or amendment thereto.

c.

Alterations that decrease nonconformity. Any nonconforming structure or any structure or portion thereof containing a nonconforming use, may be altered if such alteration serves to decrease the nonconforming nature of the structure or use. The zoning board of appeals shall determine if a proposed alteration will decrease the degree of nonconformity.

d.

Variance to area and bulk requirements. If a proposed alteration is deemed reasonable by the zoning board of appeals by virtue of the fact that it would decrease the nonconforming nature of a structure or use, but such alteration requires a variation of the area or bulk requirements, then such alteration shall be permitted only if a variance is granted by the zoning board of appeals.

(3)

Repairs, improvements, and modernization.

a.

Required repairs. Repairs or maintenance deemed necessary by the building official to keep a nonconforming building structurally safe and sound are permitted. However, if a non-conforming structure or a structure containing a nonconforming use becomes physically unsafe and/or unlawful due to lack of maintenance and repairs and is declared as such by the building official, it shall not thereafter be restored, repaired, or rebuilt except in full conformity with the regulations in the district in which it is located.

b.

Additional permitted improvements. Additional repairs, improvements, or modernization of nonconforming structures, beyond what is required to maintain the safety and soundness of the structure, shall be permitted provided such repairs or improvements do not exceed twenty-five (25) percent of the market value (as determined by the city assessor) of the structure during any period of twelve (12) consecutive months. Any such repairs, improvements, and modernization shall not result in enlargement of the cubic content of the nonconforming structure. The provisions in this paragraph shall apply to all structures except as otherwise provided in this article for single-family residential uses and for reconstruction of structures damaged by fire or other catastrophe.

(4)

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 pre-catastrophe 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 chapter.

a.

Restoration. In the event that the damage is less than fifty (50) percent of the structure's pre-catastrophe fair market value, the structure may be restored to its pre-catastrophe status. Such restoration shall take place only upon approval of the zoning board of appeals and in full compliance with applicable provisions of this chapter.

b.

Reconstruction of single-family uses. Any structure used for single-family residential purposes and maintained as a nonconforming use may be replaced with a similar structure on the same foundation in the event of damage by fire or other catastrophe, regardless of the extent of the damage.

(Ord. No. H-07-01, § 18.05, 7-24-07)