Hamtramck City Zoning Code
NONCONFORMING USES
BUILDINGS AND STRUCTURES
§ 155.090 GENERAL.
(A) Intent. Within the districts established by this chapter there may exist structures, lots, uses of land, and characteristics of uses which were lawful before this chapter was adopted or amended, but which would be prohibited or regulated under the term of this chapter or future amendments. This chapter intends to permit these nonconformities to continue until they are removed, but not to encourage their survival. With the knowledge that some nonconforming uses, buildings, or structures shall not disappear, the city desires and requires, in pursuit of the public interest, to distinguish between nonconforming uses, buildings, or structures which shall be eliminated as rapidly as possible and nonconforming uses, buildings, or structures which ought to be given separate treatment.
(B) Board authority to permit some changes. In recognition of this fact, the Board shall have the authority to permit some expansion or changes to lawfully existing nonconforming uses based upon the standards set forth in this subchapter.
(C) Status of alleged nonconformities. Those alleged nonconforming uses, structures, or uses and structures in combination, which cannot be proved conclusively to have been lawfully existing before the enactment or amendment of this chapter, shall be declared illegal uses and shall be discontinued. In other than criminal proceedings, the owner, occupant, or user shall have the burden to show that the lot, use, or structure was lawfully established.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)
§ 155.091 NONCONFORMING USES OF LAND.
If, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as the land remains otherwise lawful, subject to the following provisions:
(A) No such nonconforming use shall be extended, enlarged, or increased to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter;
(B) No such nonconforming 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 of adoption or amendment of this chapter;
(C) If such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)
§ 155.092 NONCONFORMING STRUCTURES.
If, at the effective date of adoption or amendment of this chapter, a lawful structure exists that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, type of structure, its location on the lot, or other restrictions of the structure, such structure may be continued so long as the structure remains otherwise lawful, subject to the following provisions: No such structure may be enlarged or altered in any way which increases its nonconformity;
(A) If such structure or nonconforming portion of the structure be destroyed by any means to an extent of more than 50% of its state equalized value at time of destruction, the structure shall not be reconstructed except in conformity with the provisions of this chapter;
(B) If such structure be removed for any reason or moved any distance whatsoever, the structure shall thereafter conform to the regulations for the district in which the structure is located after the structure is removed or relocated.
(C) If a nonconforming structure exists in a residential zone, the structure may remain nonconforming as long as the use is converted to a permitted use; therefore, the area, height, and bulk requirements shall be waived.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)
§ 155.093 NONCONFORMING USE OF STRUCTURES AND LAND.
If, at the effective date of adoption or amendment of this chapter, a lawful use of a structure and land in combination exists that would not be allowed in the district under the terms of this chapter, such structure and land use may be continued so long as the structure and land use remains otherwise lawful, subject to the following provisions:
(A) No existing structure devoted to a use not permitted by this chapter in the district in which the structure 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 the structure is located;
(B) Any nonconforming use may be extended throughout any parts of the building which were manifestly arranged or designed for such use and which existed when this chapter was adopted or amended, but no such use shall be extended to occupy any land outside such building;
(C) Any structure or structure and land in combination in or on which a nonconforming use is superseded in whole or in part by a permitted use shall thereafter conform to all regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed;
(D) When a nonconforming use of a structure or structure and premises in combination is discontinued or ceases to exist for one year or for 12 months during any three-year period or otherwise sooner abandoned, the structure or structure and premises in combination shall not thereafter be used, except in conformance with the regulations of the district in which the structure is located. Structures occupied by seasonal uses shall be excepted from this provision.
(E) If nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-23-2021)
§ 155.094 USES SUBJECT TO SPECIAL LAND USE.
Any use for which a special land use approval is required and is permitted as provided in this chapter shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use in the district. Such use shall remain subject to all of the provisions of the special land use section of this chapter for use, enlargement, change, or addition of activities.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)
§ 155.095 CHANGE OF NONCONFORMING USE.
(A) Any nonconforming use of a building, structure, or land may be changed to another nonconforming use upon written findings of the Board that the proposed use meets the following standards:
(1) There is no increase in the intensity of the use of the land, building, or structure involved;
(2) Such change in use shall have an equal or less detrimental effect or negative impact on neighboring property than the existing nonconforming use the change is replacing; and
(3) The proposed use is more appropriate to the zoning district than the existing nonconforming use and is desirable and useful in the pursuit of the public interest.
(B) In permitting such a change in use, the Board may require appropriate conditions and safeguards in accord with the purpose and intent of this chapter, including the upgrading of the premises to comply as nearly as is practicable with requirements of this chapter. Notice of approval of the change in nonconforming use (including any conditions) shall be recorded with the Wayne County Register of Deeds before the issuance of any permit or certificate of compliance.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)
§ 155.096 EXPANSION OF NONCONFORMING USES AND STRUCTURES.
(A) The Board may permit the expansion of a nonconforming use or structure upon written findings that the following standards have been met:
(1) That the use, building, or structure was lawful when permitted or constructed;
(2) Continuance thereof would not be contrary to the public health, safety, or welfare or the spirit and intent of this chapter;
(3) That the use, building, or structure does not, and is not likely to, significantly depress the value of nearby properties;
(4) That no useful purpose would be served by strict application of the provisions or requirements of this chapter with which the use, building, or structure does not conform; and
(5) Expansion shall not have an adverse impact on adjoining property.
(B) In permitting such an expansion of a nonconforming building or use, the Board may require appropriate conditions and safeguards in accord with the purpose and intent of this chapter, including upgrading the premises to comply as nearly as is practicable with the requirements of this chapter. Notice of approval, including any conditions attached, shall be recorded with the Wayne County Register of Deeds before the issuance of any permit or certificate of compliance.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)
§ 155.097 REPAIRS AND MAINTENANCE TO NONCONFORMITIES.
(A) General. This section applies to all nonconforming structures and uses, except those which have been granted the right to expand by the Board as noted in the above section.
(B) Work permitted. When the owner of property upon which a nonconforming use or structure exists desires to modify or alter the site without increasing the nonconformity of the use or structure, the site shall be brought into compliance with this chapter to the maximum extent possible. On any structure or building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing to an extent not exceeding 50% of the state equalized value of the building, but the cubic content of the building or structure, or area of the use shall not be increased from when this chapter was passed or amended. Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or structure or nonconforming use or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)
§ 155.098 CHANGE OF TENANCY OR OWNERSHIP.
There may be a change of tenancy, ownership, or management of any existing nonconforming use of land, structures, and buildings, but there shall not be a change in the nature or character of such nonconforming use, except to bring the use into greater conformity.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)
§ 155.099 NONCONFORMING LOTS OF RECORD.
(A) Single-family dwellings. 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 at the effective date of adoption or amendment of this chapter. The yard setback dimensions and all other requirements not involving area or width or both shall conform to the regulations for the district in which such lot is located. Variance to yard requirements may be obtained through approval of the Board.
(B) Nonconforming lots. If, when this chapter or any subsequent amendment became effective, two or more lots, combinations of lots, and portions of lots with a continuous frontage and single ownership are of record and if all or part of the lots do not meet the requirements for lot width or area as established by this chapter, the lands involved shall be considered an undivided parcel for the purpose of this chapter, and no portion of the parcels shall be used or occupied which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirement stated in this chapter.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)
§ 155.100 CITY ACQUISITION OF NONCONFORMITIES.
The city may acquire, by purchase, condemnation, or otherwise, private property or an interest in private property for the removal of nonconforming uses and structures, except that the property shall not be used for public housing. The Common Council may provide that the cost and expense of acquiring private property be paid from general funds, or the cost and expense or a portion thereof be assessed to a special district. The elimination of nonconforming uses and structures in a zoned district as authorized under the City and Village Zoning Act and this chapter is declared to be for a public use. The Common Council may institute and prosecute proceedings for the condemnation of nonconforming uses and structures under the power of eminent domain under the City Charter or under the Acquisition of Property by State Agencies and Public Corporations Act, Act No. 149 of the Public Acts of 1911, as amended, being M.C.L.A. §§ 213.21 to 213.41 or any other applicable statute.
(Ord. 497, passed 2-3-2004; Am. Ord. 523, passed 6-13-2006; Am. Ord. 2011-7, passed 12-13-2011; Am. Ord. 2019-02, passed 10-8-2019; Am. Ord. 2020-28, passed 3-3-2020; Am. Res. 2021-46, passed 4-13-2021)