Harrison City Zoning Code

The purpose of this Article is to permit nonconforming lots, buildings, and structures, or uses to continue until they are removed, but not to encourage their survival. The regulation within this Article shall conform to Section 208 of the Michigan Zoning Enabling Act 110 of 2006.

a.

Legal nonconformities are those that exist legally before the effective date of this Ordinance, or before some amendment to this Ordinance which resulted in the nonconformity.

b.

To avoid undue hardship, in this Ordinance 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 Ordinance and upon which actual building construction has been diligently carried on is not required. Actual construction is hereby defined to include the placing of construction material 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 that work shall be diligently carried on until completion of the building involved.

c.

Illegal nonconformities are those that have been developed in conflict with the zoning regulations.

a.

A nonconforming lot may include nonconformity with minimum lot width, lot area, lot depth to width ratio, frontage to roadway, or combination of multiple factors which were established prior to effectiveness of this Ordinance or amendments.

b.

In any district a lot of record at the effective date of adoption or amendment of this Ordinance may be developed, provided it complies with any other provisions of this Ordinance.

c.

In the case of two (2) or more nonconforming contiguous lots under one (1) ownership, the lots shall be considered as separate lots and shall be considered one (1) lot as a single parcel only once combined as a single tax parcel with the owner's permission.

d.

In the situation where there are two (2) nonconforming contiguous lots, the property boundary may be adjusted to bring one (1) property closer to conformity or conforming without requiring a variance from the Zoning Board of Appeals as long as it is not increasing the nonconformity of the other parcel. These adjustments would be reviewed and approved by the Zoning Administrator and City Assessor.

e.

A legal nonconforming lot cannot be created in error, but only by amending the lot area and/or width of the zoning districts or by rezoning of a lot.

Where a lawful building exists at the effective date of adoption of this Ordinance that could not be built under the terms of this Ordinance, such building may be continued so long as it remains otherwise lawful, subject to the following provisions:

a.

No such nonconforming building may be enlarged or altered in any way which increases its nonconformity.

b.

Should any nonconforming building be destroyed by any means, it may be reconstructed in conformity with the provisions of this Ordinance.

1.

All buildings may be replaced even if completely destroyed, provided the new structure does not increase the nonconformity.

2.

The construction or repair shall begin within one (1) year of the day that the destruction is officially documented. The Zoning Administrator may grant up to a one (1) year extension if the applicant is able to document diligence in pursuing reconstruction. If repairs or construction are not completed in the required timeframe, it may only be reconstructed if in full compliance of Ordinance requirements.

c.

Should such building 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.

d.

If any building, manufactured home, or other structure is moved for any reason, it shall thereafter conform to the regulations for the district in which it is located after it is moved. However, legal nonconforming manufactured housing (single-wide mobile homes) may be replaced with another single-wide as long as the replacement unit is less nonconforming than the unit being replaced, and the unit is no more than ten (10) years old when it is placed on the property. Any replacement single-wide mobile home must be fully installed and under a certificate of occupancy within one (1) year of the date of the removal of the prior mobile home.

Where at the time of passage of this Ordinance, lawful use of land or structures exists which would not be permitted by the regulations imposed by this Ordinance, the use may be continued so long as it remains otherwise lawful, provided:

a.

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater floor area of land or additional structures, intensity of activities, or more services and activities than that occupied the effective date of adoption or amendment of this Ordinance.

b.

No additional structure not conforming to the requirements of this Ordinance shall be erected in connection with such nonconforming use of land.

c.

No existing structure or building devoted to a use not permitted by this Ordinance 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.

If a nonconforming building or structure housing a nonconforming use is destroyed by an Act of God or other incident, the building may be fully reconstructed as long as the existing nonconformities are not increased.

a.

When the City identifies as abandoned nonconformity, the Zoning Administrator shall submit the property to the Planning Commission for a determination of abandonment.

b.

The Planning Commission shall hold a public hearing following the requirements found in Article 11.

c.

The Planning Commission shall determine whether intent to abandon the nonconforming use was demonstrated based on a preponderance of the following factors:

1.

Report from the Building Inspector or Central Michigan District Health Department indicating the property is or has not been suitable for occupation.

2.

Disconnection of utilities.

3.

Evidence of a "going out of business" sale.

4.

Signs advertising the business has been removed.

5.

The use has been disconnected for one (1) year, except where government action such as road construction has prevented access to the premises, or where a clear intent to discontinue has not been demonstrated.

6.

Removal of equipment or fixtures necessary for the operation of the nonconforming use.

7.

Request by the property owner for changes in their property tax designation inconsistent with the nonconforming use.

8.

Other actions by the property owner or lessee that demonstrates an intent to abandon the nonconforming use such as allowing the property to go into foreclosure.

Change of tenancy, ownership, or management of any existing nonconformity shall be permitted indefinitely provided there is no change in the nature or character of the nonconformity.

The Planning Commission may authorize a change from one nonconforming use to another nonconforming use, provided that the proposed use would be more suitable to the Zoning District in which it is located than the nonconforming use which it is being replaced.