The lawfully permitted use of land or structures existing at the time of the adoption of the zoning ordinance or any amendment thereto may be continued, although such use does not conform to the standards of the district in which such land or building is located. Such uses shall be deemed nonconforming uses.

(Ord. No. 1287, 6-18-2013)

Where no structure is involved, the nonconforming use of land may be continued, provided however:

(1)

A nonconforming use shall not be enlarged or extended to occupy a greater area of land than was occupied at the time of the adoption of the zoning ordinance, unless specifically allowed by other provisions of this chapter.

(2)

A nonconforming use shall not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such nonconforming use at the time of the adoption of the ordinance from which this chapter is derived.

(3)

If a nonconforming use of land, or any portion thereof, ceases for any reason for any continuous period of more than 30 days, or is changed to a conforming use, any future use of the land shall be in conformity with the provisions of this chapter.

(Ord. No. 1287, 6-18-2013)

(1)

Except as authorized herein, a structure, the use of which does not conform to the use regulations for the district in which it is situated, shall not be enlarged unless the use therein is changed to a conforming use. If any part of a nonconforming use is reduced in size by action of the owner, the part of the nonconforming use that is reduced in size shall be considered to be abandoned and any subsequent use shall conform to the requirements of this chapter.

If the use is nonconforming only as a result of its licensed rental occupancy, the structure may be enlarged by an addition if all of the following conditions are met:

a.

The addition, based on the floor area in existence at the time of the adoption of this ordinance, increases the existing total floor area (meaning, for this provision only, the total of all interior square footage without basements or attics) by no more than 20 percent pursuant to this provision.

b.

The addition is located on the side or rear of the structure or is constructed as one or more dormers.

c.

The addition is not added to an area that is partly or completely below grade.

d.

The addition is in compliance with all other laws and regulations.

(2)

Except as authorized herein, a structure containing a nonconforming use shall not be structurally altered or reconstructed unless:

a.

Such alterations are required by law;

b.

It is maintenance and repair work that is required to keep the structure in sound condition;

c.

The structural alterations are permitted pursuant to paragraph (1) of this section; or

d.

The use is nonconforming only as a result of its licensed rental occupancy and the structural alterations do not do any of the following:

(i)

Add any bedrooms that are partly or completely below grade or enlarge any bedrooms that are partly or completely below grade.

(ii)

Convert an existing garage into a bedroom.

(iii)

Combine a licensed rental unit with another licensed rental unit or unlicensed dwelling unit unless the subsequent use is a conforming use.

(3)

Except for a use that is a nonconforming licensed rental occupancy, a nonconforming use may not be extended throughout any parts of the structure which were not originally designed for such use.

(4)

A nonconforming use of a structure may be changed to a conforming use.

(5)

If a nonconforming use of a structure ceases for any reason for a continuous period of more than one year, or is changed to a conforming use, then any future use of such structure shall be in conformity with the standards specified by the zoning ordinance for the district in which such structure is located.

(6)

If a structure in which a nonconforming use is conducted or maintained is removed, the subsequent use of the land on which such structure was located, and the subsequent use of any structure thereon, shall be in conformity with the standards specified by the zoning ordinance for the district in which such land or structure is located.

(7)

If a structure that is nonconforming due to its location is moved, the new location must lessen the dimensional nonconformity.

(8)

Changing the use of a nonconforming single-family or two-family residential structure to a rental dwelling (licensed or unlicensed) for occupancy by other than a family or domestic unit (as defined by this chapter) shall be deemed a change which enlarges or extends the nonconforming use of a structure, except in the following circumstances:

a.

For so long as the owner of the structure, as of the date of adoption of the ordinance from which this chapter is derived, continues to reside in said structure; and/or

b.

For so long as the owner of the structure, as of the date of adoption of the ordinance from which this chapter is derived, continues to own said structure.

(Ord. No. 1287, 6-18-2013; Ord. No. 1382, 11-9-2016; Ord. No. 1432, 9-18-2018; Ord. No. 1543, 7-15-2025)

A structure which is conforming in use but which does not conform to all of the other requirements of the zoning ordinance for the district in which said structure is located shall not be considered to be nonconforming with the meaning of section 50-853 and section 50-855. However, no permit shall be issued and no changes shall be made on the structure or the land on which such structure is located that will result in the increase of any such nonconformity.

(Ord. No. 1287, 6-18-2013)

Whenever any structure legally nonconforming in use is damaged or destroyed by fire, explosion, wind, flood, or other catastrophe to an extent greater than its state equalized value as determined by the city assessor, then any future use of the structure and land on which the structure is located shall be in conformity with the regulations of the district in which such structure is located.

(1)

Where such a structure is damaged to an extent less than its assessed value, it may be rebuilt and the use continued, but not to any greater extent than in the previously existing structure; but where such rebuilding can feasibly be done in greater conformity with this chapter in the opinion of the East Lansing Building Official, he/she shall so require in any building permit, provided, that any such structure licensed as a rental on November 8, 1995, may be rebuilt to the extent necessary to retain the occupancy permitted by license on November 8, 1995.

(2)

Whenever a legally nonconforming structure which was licensed as a rental on November 8, 1995, is damaged to an extent greater than its state equalized value, such structure may be rebuilt and the use continued to the extent necessary to retain the maximum occupancy permitted by license on November 8, 1995; but the East Lansing Building Official shall require in any building permit that such rebuilding shall otherwise be done so as to obtain the maximum conformity with this chapter which may be feasible for the permitted occupancy.

(Ord. No. 1287, 6-18-2013)

Any nonconforming use of land or structures may be registered in the office of the East Lansing Building Official within one year after the adoption of the ordinance from which this chapter is derived. Such registration shall include the identification of the premises, a description of the nature and extent of the nonconforming use, and if necessary to the description, a plot plan, drawn to scale, showing property lines, all structures, and any other pertinent information, and an affidavit by the owner as to the date since which such nonconforming use has existed. Failure to so register shall place the burden of proof on the property owner that any alleged nonconforming use of land or structures legally existed at the time this chapter or any amendment thereto became effective.

(Ord. No. 1287, 6-18-2013)

Nothing in the area requirements of this chapter relating to lot width or area per family shall prohibit the erection of a one-family dwelling on a lot held under a separate and distinct ownership from contiguous lots and which has been under such separate and distinct ownership since a date prior to the 1960 zoning ordinance, even though such lot has less width or less area than the lot area per family requirement of this chapter for the district in which such lot is located, provided that all other regulations of the district are complied with.

(Ord. No. 1287, 6-18-2013)