Dexter City Zoning Code

Certain existing lots, structures, and uses of lots and structures were lawful before this chapter was adopted, but have become non-conformities under the terms of this chapter and its amendments. It is the intent of this chapter to permit such legal non-conforming lots, structures, or uses to continue until they are removed, but not to encourage their survival or where discontinuance or removal is not feasible, to gradually upgrade such non-conformities to conforming status. Non-conformities shall not be enlarged, expanded, or extended, except as provided herein, and shall not be used as grounds for adding other structures and uses of lots and structures which are prohibited. Non-conformities are declared by this chapter to be incompatible with the structures and uses permitted in the various districts.

To avoid undue hardship, nothing in this chapter 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 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; 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 work shall be diligently carried on until completion of the building involved.

Any non-conforming 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 of record at the effective date of adoption or amendment of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance requests from district yard requirements may be applied for through the City of Dexter Zoning Board of Appeals.

If two or more lots or combination of lots with contiguous frontage in single ownership are of record at the effective date 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. 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. These provisions shall not apply to contiguous lots in single ownership where each of the lots is occupied by a dwelling unit.

Upon application, the Zoning Administrator may permit the combination, in whole or in part, of non-conforming 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 non-conformity 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.

No such non-conforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of this chapter.

No such non-conforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date.

If such non-conforming use of land ceases for any reason for a period of more than six months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

Where nonconforming off-street parking, landscaping, signage, fences, and other similar land uses exist, those uses shall be made to conform to the terms of this chapter when any legal use, principal or accessory, located on the land in question is established or expanded in such a manner that would necessitate site plan review and approval in accordance with Article XXI.

Restriction on creating non-conformities: No such building or structure may be enlarged or altered in a way which increases its non-conformity.

Restriction on movement: Should such structure be moved for any reason or for any distance whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is relocated or moved.

Restrictions on alteration or modification: If a non-conforming structure or building is altered or modified so as to eliminate, remove, or lessen any or all of its non-conforming characteristics, then such non-conforming characteristics shall not be later re-established or increased. The Zoning Administrator shall have the authority to determine if a proposed alteration or modification should decrease the degree of non-conformity.

Restrictions on replacements:

A non-conforming structure, except a single-family dwelling and its accessory structures, which are damaged by any means to an extent of more than 50% of its assessed value as determined by the City Assessor, shall not be reconstructed except in conformity with the regulations of the district in which it is located. Any non-conforming structure, except single-family dwellings and their accessory structures, that are damaged to an extent of 50% or less of its replacement cost may be replaced in their location existing prior to such damage, provided replacement is commenced within 18 months of the date of when the damage occurred and is diligently pursued to completion. Failure to commence replacement within 18 months shall result in the loss of legal non-conforming status.

Non-conforming structures may be replaced or expanded in accordance with the following requirements:

Prohibition or enlargement of a building housing non-conforming use: No existing structure devoted to a use not permitted by this chapter 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.

Extension throughout building: Any non-conforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

Changing use: If no structural alterations are made, any non-conforming use of a structure, or structure and land in combination, may be changed to another non-conforming use of the same or a more restricted classification provided that the Zoning Administrator either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change, the Zoning Administrator may require conditions and safeguards in accord with the purpose and intent of this chapter and/or may request review and determination by the Planning Commission. Where a non-conforming use of a structure, land, or structure and land in combination is hereafter changed to a more conforming use, it shall not thereafter be changed to a less conforming use.

Prohibition of re-establishment if replaced by conforming use: A non-conforming use of any structure which is replaced by a permitted use shall thereafter conform to the regulations for the district in which such structure is located, and the non-conforming use may not thereafter be resumed.

Discontinuance or termination of non-conforming use of structure: When a non-conforming use is discontinued or ceases to exist for six consecutive months the non-conforming structure or use of land shall not thereafter be used except in conformance with the regulations of the district in which it is located. Structures occupied by seasonal uses shall be exempt from this provision.

Repairs to non-conforming use: On any building devoted in whole, or in part, to any non-conforming use, work may be done in any period of 18 consecutive months on ordinary repairs, improvements, modernization, or on repair or replacement of nonload-bearing walls, fixtures, wiring, or plumbing to correct deterioration, obsolescence, depreciation, and wear. Such repairs, improvements, replacement, or modernization activities shall be permitted providing the total area (in sq. ft.) of the building as it existed at the effective date of this chapter shall not be increased. Repairs begun within the required 18 consecutive months but not completed upon the expiration of the permitted time period may be completed provided the permits for the repairs have been issued, approved, and maintained, and the work has continued without interruption to eventual completion.

Safety repair. Nothing in the chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building, or part, thereof declared unsafe by an official charged with protecting public safety, upon order of such official.

Destruction of non-conforming structure. If a structure devoted in whole or in part to a non-conforming use is destroyed by any means to an extent of more than 50% of its assessed value as determined by the City Assessor at the time of destruction, it shall not be reconstructed and shall not be devoted to any use except in conformity with the regulations of the district in which it is located.

Intent: The purpose of this section is to encourage improvements to existing sites in the City that were developed before the site design standards of this chapter were established or amended. This section is intended to:

Required reviews. This section provides for the conditions under which re-occupancy, improvement, and modification to non-conforming sites may occur. It does not replace other reviews and requirements contained elsewhere in this chapter. Where improvements and modifications are proposed to non-conforming sites, they shall be subject to Site Plan Review in accordance with Article XXI.

Standards for review. Applications to improve or modify non-conforming sites shall be reviewed in accordance with Article XXI for new development, redevelopment, or change of use as listed in § 65-21.02. Such activity may only be permitted if the following standards are met:

Structure and land in combination. Where non-conforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land.

Illegal non-conforming uses: Those alleged non-conforming uses which cannot be proven conclusively to have been in existence prior to the date of the enactment or amendment of this chapter shall be declared illegal uses and shall be discontinued following the enactment of this subsection.