Garden City City Zoning Code
NONCONFORMITIES
§ 154.050 INTENT.
Nonconformities are uses, structures, buildings, or lots which do not conform to one 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 those nonconformities to continue under certain conditions, but to discourage their expansion, enlargement, or extension. Accordingly, the purpose of this subchapter 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. 92-005, passed 2-17-92)
§ 154.051 GENERAL REQUIREMENTS.
The following regulations shall apply to all nonconforming uses, structures, and lots.
(A) Continuation of nonconforming uses and structures. Any lawful nonconforming use established on or before 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 subchapter, the building and land involved shall neither be structurally altered, nor enlarged unless the modifications conform to the provisions of this chapter for the district in which it is located. Nothing in this chapter shall he 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 that official.
(B) 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 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, the work shall be deemed to be actual construction, provided that the work shall be diligently carried on until completion of the building involved.
(C) Discontinuation of nonconforming uses and structures.
(1) Nonconforming structure. When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for six 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.
(2) Nonconforming uses of open land. If any nonconforming use of open land ceases for any reason for a period of more than 180 days, any subsequent use of the land shall conform to the provisions of the district in which it is located.
(3) Seasonal uses. In applying this division to seasonal uses, the time during the off-season shall not be counted.
(D) 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, pursuant to § 3a, Public Act 207 of 1921, being M.C.L.A. §§ 125.581 - 125.590, as amended, may acquire by purchase, condemnation or otherwise, private property for the purpose of removal of nonconforming uses or structures. Where acquisition is contemplated, the procedures set forth in § 154.054 shall be followed.
(E) 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
(F) 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.
(G) 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 the nonconformity.
(H) 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.
(I) Unlawful nonconformities. No nonconformity shall be permitted to continue in existence if it was unlawful at the time it was established.
(J) 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.
(K) 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. 92-005, passed 2-17-92) Penalty, see § 154.999
§ 154.052 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 chapter or amendment thereto.
(A) 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, a single- family dwelling and customary accessory buildings may be erected on any single lot of record in existence, subject to the requirements in division (C) of this section. This provision shall apply even though a single-family lot fails to meet the requirements for area or width that are applicable in the district, provided that the lot and buildings comply with setbacks and other requirements (other than lot area and width) for the district.
(B) Variance from area and bulk requirements. If the use of a nonconforming lot requires a variation from the area or bulk requirements, then the use shall be permitted only if a variance is granted by the Zoning Board of Appeals.
(C) Nonconforming contiguous residential lots under the same ownership. If two or more residential lots or combinations of lots with contiguous frontage in single ownership are of record at the time of adoption or amendment to this chapter, and if each lot has an area of less than 3,500 square feet, then the lots involved shall be considered to be an individual parcel for purposes of this chapter. Any residential lot of record having an area less than 5,000 square feet or having a width less than required shall be used only for a single-family dwelling and customary accessory building.
(D) Combination of nonconforming lots. Upon application to the Zoning Administrator, the Zoning Administrator 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. 92-005, passed 2-17-92) Penalty, see § 154.999
§ 154.053 MODIFICATION TO NONCONFORMING USES OR STRUCTURES
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 by the following regulations.
(A) Applicability. The following regulations shall apply to any nonconforming use or structure, including:
(1) Nonconforming use of open land;
(2) Nonconforming use of buildings designed or used 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 and signs.
(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. For example, physical alterations of new structures on open land is unlawful if the activity results in one the following.
(a) An increase in the total amount of space devoted to a nonconforming use.
(b) A decrease in the amount of required yard area, such as would be caused by an addition to a nonconforming building where the addition intrudes into a yard setback otherwise required by this chapter.
(c) Enlargement of a use on a site which does not meet all site development standards required for the use.
(d) 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 chapter, but no such use shall be extended to occupy any land outside the 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 chapter or amendment thereto.
(3) Alterations that decrease nonconformity. Any nonconforming structure or any structure or portion thereof containing a nonconforming use may be altered if the 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.
(4) Variance to area and bulk regulations. 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 the alteration requires a variation of the area or bulk requirements, then the alteration shall be permitted only if a variance is granted by the Zoning Board of Appeals. Additionally, the Zoning Board of Appeals may grant variances to required site development standards applicable to specific uses to permit expansion of an existing use located on a nonconforming site consistent with the guidelines and standards of §§ 154.450 through 154.453.
(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 the repairs or improvements do not exceed 25% of the market value of the structure (as determined by the City Assessor) during any period of 12 consecutive months. Any repairs, improvements, and modernization shall not result in enlargement of the cubic content of the nonconforming structure. The provisions in this subdivision shall apply to all structures except as otherwise provided in this subchapter for single-family residential uses and for reconstruction of structures damaged by fire or other catastrophe.
(D) Damage by fire or other catastrophe.
(1) Any nonconforming structure or structure housing a nonconforming use that is damaged by fire, flood, or other means in excess of 50% 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.
(2) In the event that the damage is less than 50% of the structure"s pre-catastrophe fair market value, the structure may be restored to its pre-catastrophe status. Restoration shall take place only upon approval of the Zoning Administrator and in full compliance with applicable provisions of this chapter. Any rebuilding, repair, or restoration shall be completed within one year from the date of the catastrophe.
(Ord. 92-005, passed 2-17-92; Am. Ord 94-004, passed 7-5-94) Penalty, see § 154.999
§ 154.054 ACQUISITION BY CITY; PROCEDURE.
The Building Official, from time to time, may recommend to the City Council the acquisition of private property for the purpose of removal of nonconformities. Where acquisition is contemplated, the following procedures shall be followed.
(A) Building Department documentation and recommendation. The Building Department shall prepare a report for City Council, which shall include the following.
(1) A list of ordinance requirements which the subject property does not conform to.
(2) Estimates of the expense of acquisition and removal of the nonconformities.
(3) Estimates of the probable resale price of the property.
(4) Recommendations concerning the allocation of costs to the surrounding district.
(B) City Council consideration.
(1) Public hearing. After receiving and reviewing the report from the Building Official, the City Council shall determine if acquisition should be pursued. If the Council decides to pursue acquisition, then it shall first set a public hearing. Not less than 15 days prior to the public hearing, notice of the time, place, and purpose of the public hearing shall be published in the official newspaper of the city, and sent by mail to the owners of property for which acquisition is being considered. The notice shall be sent to the owner's address as stated in the latest assessment roll.
(2) Special assessment. If any or all of the expense related to acquisition of the subject property is assessed to a special district, then the City Assessor shall be directed to furnish the City Council with a tentative special assessment district and tentative plan of assessment. The names and addresses of the owners of property located in the district (as stated in the latest assessment roll) shall be provided to City Council. Notice of the time, place, and purpose of the public hearing shall be sent by mail to the owners of property located in the tentative special assessment district.
(3) City Council determination. If, following the public hearing, the City Council finds that elimination of the nonconforming use or structure would be for a public purpose and for a public use, then it shall declare by resolution that the city shall proceed to acquire the nonconforming use or structure in accordance with the laws of the state, the city Charter, and applicable ordinances of the city. The City Clerk shall send by registered mail a certified copy of the City Council resolution to the owners of property to be acquired, and to owners of property in any special assessment district, at the addresses stated in the latest assessment roll.
(C) Removal of nonconformity. Upon passing of title of the property so acquired by the city, the City Council shall cause the discontinuance or removal of the nonconforming use, or the removal, demolition or remodeling of the nonconforming building or structure.
(D) Disposition of property. The City Council may thereafter elect to retain all or part of the property so acquired for municipal purposes. If acquisition costs and expenses are to be assessed against a special district, the amount to be assessed shall be reduced by the market value of the property retained for municipal use, as determined by the City Assessor. The City Council shall thereafter order the sale of the portion of the property not retained for municipal purposes, but only for use in conformance with this chapter. The City Council shall confirm the expense of the project and report any assessable cost to the City Assessor, who shall then prepare an assessment roll in the manner provided for in the City Charter and Chapter 41 of this Code. Such an assessment may, at the discretion of the City Council, be paid in one or more, but not to exceed ten, annual installments.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999