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.

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 building has been substantially 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.

(Ord. No. 128-B, § I, 9-20-10; Ord. No. 128-401-A, § I, 8-20-12)

For the purposes of this article, the following words and phrases shall have the meaning ascribed to them:

A.

Structural nonconformity. A nonconformity that exists when the height, size, or minimum floor space of a structure or the relationship between an existing building or buildings and other buildings or lot lines does not conform to the regulations applicable to the district in which the property is located. Also sometimes referred to as a "dimensional nonconformity."

B.

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.

C.

Nonconforming lot. A lot existing at the effective date of this ordinance that does not meet the minimum area or lot dimensional requirements of the district in which the lot is located.

D.

Nonconforming sign. A sign that on the effective date of the sign ordinance does not conform to one or more regulations set forth in said ordinance, and therefore is subject to the provisions covering nonconforming signs as set forth in the sign ordinance.

E.

Nonconforming use. A nonconformity that occurs when property is used for a purpose or in a manner made unlawful by the use regulations applicable to the district in which the property is located.

(Ord. No. 128-B, § I, 9-20-10)

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

A.

Continuation of nonconforming uses and structures. Any lawful nonconforming use existing on the effective date of this ordinance or amendment thereto 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 or lot or 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.

Discontinuation of nonconforming uses and structures. When a nonconforming use of a structure, or structure and land in combination is discontinued or abandoned for 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. In applying this section to seasonal uses, the time during the off-season shall not be counted, provided that the off-season time for such uses are reported to the building official.

If any nonconforming use of open land ceases for any reason for a period of more than 60 days, any subsequent use of such land shall conform to the provisions set forth of the district in which it is located.

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 Flat Rock, 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.

C.

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 ordinance. 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 a 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.

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.

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.

H.

Nonconforming single-family uses. Notwithstanding the limitations outlined in this article, any structure used for single-family residential purposes and maintained as a nonconforming use may be enlarged or replaced with a similar structure of a larger size, so long as the enlargement or replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to such matters as setback and parking requirements. However, nonconforming single-family uses shall be subject to the requirements in section 3.05D.

I.

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.

J.

Change of location. Should a nonconforming structure be moved 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. 128-B, § I, 9-20-10; Ord. No. 128-401-A, § II, 8-20-12)

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 nonconforming lot shall be used only for a use permitted in which it is located. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, 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 thereto. This provision shall apply even though such single-family lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that:

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

The lot cannot be reasonably developed for the use proposed without such deviations,

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

The lot is in conformance with all other applicable yard and lot requirements for the district in which it is located.

Any application for such single-family housing construction shall be submitted to the building official. Where applicable, the application shall include three copies of the results of soil percolation tests performed by a registered civil engineer at the exact location of a proposed subsurface sewage disposal (septic) system. The application must be approved by both the Wayne County Health Department and the building official prior to issuance of any permit.

B.

Variance to area and bulk requirements. If the use of a 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.

C.

Nonconforming contiguous lots under the same ownership. If two or more lots or a 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 lands 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 which does not meet the lot width or area requirements of this ordinance.

Upon application to the city council, the 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 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. 128-B, § I, 9-20-10)

No nonconforming use or structure 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 in the regulations which follow.

A.

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

1.

Nonconforming uses of open land.

2.

Nonconforming use of buildings designed for a conforming use.

3.

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

4.

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

5.

Nonconforming structures, such as fences, but not including signs, which shall be covered under the provisions of the sign ordinance.

B.

Enlargement, extension, or alteration.

1.

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. In particular, physical alteration of structures or the placement of new structures on open land is unlawful if such activity results in:

•

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

•

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.

Permitted extension. Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building. No nonconforming use of land shall be enlarged, increased, or extended 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 ordinance or amendment thereto.

Where a lawful nonconforming structure located on an interior lot was created by an increase in the side yard requirements of this ordinance, said structure may be lawfully extended along the present building line of one nonconforming side yard, provided the extension complies with all other provisions of this ordinance. In the case of a corner lot, any such extension shall be permitted only along the interior side lot line.

3.

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 nonconforming nature of the structure or use.

4.

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.

C.

Repairs, improvements, and modernization.

1.

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 nonconforming 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.

2.

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 25 percent of the market value (as determined by the city assessor) of the structure during any period of 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.

D.

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 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 ordinance. In the event that the damage is less than 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 in full compliance with applicable provisions of this ordinance.

(Ord. No. 128-B, § I, 9-20-10)