Holland City Zoning Code
ARTICLE 39
13 Nonconforming Use, Structures, and Properties
Sec. 39-13.01 Intent.
[7-21-2021 by Ord. No. 1796; amended 2-21-2024 by Ord. No. 1843]
A.
It is the intent of this Article to allow legally existing uses, structures, and properties that do not meet UDO requirements at the effective date or subsequent amendments to continue until they are discontinued, removed or are no longer used, but not to encourage their survival. These legally nonconforming uses, structures and properties are declared by this Article to be incompatible with permitted conditions in the Zone District where they are located. Nonconforming uses and structures shall not be enlarged, extended, or used as grounds for adding other structures or uses prohibited elsewhere in the same Zone District.
Sec. 39-13.02 Nonconforming uses.
[7-21-2021 by Ord. No. 1796]
A.
Continuation of use. A legal use existing at the effective date of UDO or subsequent amendments, may be continued despite not conforming with the provisions of UDO, or any subsequent amendments.
B.
Discontinuance. If any nonconforming use is discontinued through vacancy, lack of operation, or otherwise for a continuous period of 365 days or more, the use shall not be resumed unless the use conforms to all provisions of UDO, including, but not limited to the regulations of the zone district in which the use is located. (See Article 39-2.)
C.
Burden of proof. If the Zoning Administrator finds that a nonconforming use is discontinued under the provisions of this article, the property owner shall have the burden of proof to substantiate that the use was not abandoned and shall provide documentation thereof.
D.
Change to another nonconforming use. The nonconforming use of any structure may be changed to another nonconforming use upon public hearing and findings of fact by the Board of Appeals that the proposed nonconforming use will not be more incompatible, detrimental, or create additional nuisance factors than the previous nonconforming uses. The Board of Appeals shall consider the following for its determination:
1.
Evidence that the proposed nonconforming use will not adversely affect or decrease the valuation of neighboring property;
2.
Evidence that the proposed nonconforming use will not increase density, congestion or general nuisance to neighboring property;
3.
Evidence that the proposed, nonconforming use will not increase the amount of radioactivity, vibration, noise, odor, heat or other adverse factors;
4.
Evidence that the proposed nonconforming use will not necessitate an increase in off-street parking that would be detrimental to neighboring property; and
5.
Additional factors as determined by the Board of Appeals relating to the health, safety, and welfare of adjacent property, which would be adversely impacted.
E.
Accessory structures. Expanding, replacing or adding a detached accessory structure to a property with a nonconforming residential use shall be allowed if the Zoning Administrator determines the following:
[Added 11-2-2022 by Ord. No. 1830]
1.
The accessory structure is a fence, shed, garage or other similar structure that is allowed in the zone district.
2.
The accessory structure will meet all of the required setbacks, height and other requirements of UDO.
4.
The accessory structure will not expand the current nonconforming use of the property.
Sec. 39-13.03 Nonconforming structures.
[7-21-2021 by Ord. No. 1796]
A.
Continuance of structure. Any structure existing at the effective date of UDO or subsequent amendments may remain in place and does not need to be altered despite not conforming with the provisions of UDO or any subsequent amendments.
B.
Expansions. Expansions of nonconforming structures, conforming in use, shall only be permitted if the following standards are met:
[Amended 2-1-2023 by Ord. No. 1834; 2-21-2024 by Ord. No. 1843]
1.
The modification of the structure shall not result in a greater nonconformity by expanding or increasing the footprint of the nonconforming structure within any setback area (for nonconforming setbacks see Section 39-12.12D.3);
2.
The minimum parking requirements for all uses on the property shall be met. See Article 39-2; and
3.
Any expansion of the structure shall conform to all other Zone District requirements.
C.
Interior renovation. The interior of any nonconforming structure may be renovated.
D.
Structures under construction at the effective date of UDO or amendment. Nothing in this article shall require a change in the plans, construction, or designated use of any structure under a building permit issued before the effective date of UDO, or a subsequent amendment to UDO, unless the building permit expires prior to completion of construction.
Sec. 39-13.04 Nonconforming properties.
[7-21-2021 by Ord. No. 1796]
A.
Existing lots of record can be built on regardless of if the lot meets the lot size and/or lot width requirement for the zone district, as long as all other dimensional standards are met.
Sec. 39-13.05 Reestablishment of nonconforming uses, structures or properties.
[7-21-2021 by Ord. No. 1796]
A.
Whenever a nonconforming use, structure, or property has been brought into compliance with UDO, the nonconformity shall not be reestablished.
Sec. 39-13.06 Repair, maintenance, and restoration.
[7-21-2021 by Ord. No. 1796]
A.
Repairs equal to or less than the state equalized value (SEV) permitted. Nothing in this article shall prevent the repair, maintenance, or restoration of a nonconforming structure if the cost of the repairs is equal to or is less than the SEV of the structure.
B.
Repairs greater than the state equalized value (SEV) permitted by determination of the Zoning Administrator. A nonconforming structure damaged or destroyed by fire, flood, wind, other calamity, or deterioration to an extent greater than the SEV of the structure, may be restored to its original size and location if the Zoning Administrator finds the following conditions are met:
[Amended 2-21-2024 by Ord. No. 1843]
1.
Restoration of the structure will be done with similar building materials, structural layout, design, construction methods, fixtures, and mechanical equipment, limiting the possibility that the restoration will substantially extend the probable duration of the life of the structure;
2.
Restoration of the structure will not expand the footprint of the structure within any setback area; and
3.
The nonconforming structure cannot reasonably meet the standards of the Zone District due to an unusual circumstance with respect to the property.
4.
The Zoning Administrator will make a determination in writing and state the findings as described above, either approving or denying the restoration request. If approved, the property owner or responsible party must obtain all required permits within one year from the Zoning Administrator's determination and obtain the final Certificate of Occupancy within two years of the Zoning Administrator's determination. If denied, the property owner or responsible party may appeal the denial to the Board of Appeals per Section 39-12.04D.
C.
Repairs to accessory structures permitted. Nonconforming structures accessory to principal residential structures shall be permitted to be repaired, maintained, or restored. Where a foundation or slab from a previously existing nonconforming accessory structure remains intact on the property, the building may be rebuilt to the same or smaller size, provided that the slab or foundation meets current building codes. These structures may also be enlarged, provided that the addition conforms to UDO.
D.
Moving a nonconforming structure. A nonconforming structure shall not be moved in whole or in part to another location without conforming to UDO.