Inkster City Zoning Code
NONCONFORMING USES
AND STRUCTURES
§ 155.181 INTENT.
(A) This chapter intends to permit legal nonconforming lots, structures or uses to continue until they are removed, but not to encourage their survival. The city recognizes that existing lots, structures and uses of land and structures, which were lawful before this chapter was passed or amended, would be prohibited, regulated or restricted under the terms of this chapter or future amendments. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved.
(B) This chapter further intends that nonconformities shall not be enlarged upon, expanded or extended, or used as grounds for adding other structures or uses prohibited elsewhere in the same district. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after adoption of this chapter by attachment of a building or premises, of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be generally prohibited in the district involved. Alleged nonconformities, which cannot be conclusively proven to have existed prior to the enactment or amendment of this chapter, shall be declared illegal and shall be discontinued.
(C) To avoid undue hardship, nothing in this chapter shall be deemed 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 chapter 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; 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.
(Ord. 792, passed 12-3-01)
§ 155.182 NONCONFORMING LOTS.
Where a lawful lot of record exists in any district where 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. Such single-family property may be continued so long as it remains otherwise lawful, subject to the following provisions:
(A) This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area, width, or both of the lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through approval of the Zoning Board of Appeals.
(B) If two or more lots including portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of this chapter, the lands involved shall be considered to be an undivided parcel. No portion of same parcel shall be used or occupied in any manner which does not meet lot width and area requirements as established by this chapter, no division of the parcel shall be made which creates any remaining lot width or area below the requirements stated in this chapter.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
§ 155.183 NONCONFORMING USES OF LAND.
Where a lawful use of land exists at the effective date of adoption or amendment of this chapter that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued so long as it remains otherwise lawful. Such land use shall be subject to the following provisions:
(A) No such nonconforming use shall be enlarged or increased, nor extended 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; and
(C) If such nonconforming use of land ceases for any reason for a period of more than 6 consecutive months or 18 nonconsecutive months in any 3 year period, 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. 792, passed 12-3-01)
§ 155.184 NONCONFORMING STRUCTURES.
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful. Such structures shall be subject to the following provisions:
(A) No such structure may be enlarged or altered in a way that increases its nonconformity. However, upon approval of the Zoning Board of Appeals, a building in residential use in an R-1 District may be extended along one side of the structure even though the side of the existing structure to be extended may not comply with § 155.061, Side yard setback requirements.
(B) Should such structure be destroyed by any means to an extent of more than 50% of its replacement cost, exclusive of the foundation at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.
(C) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(Ord. 792, passed 12-3-01; Am. Ord. passed 2-20-17)
§ 155.185 NONCONFORMING USES OF STRUCTURES.
Where a lawful use of a structure or of structure and land in combination exists at the effective date of adoption or amendment of this chapter, the lawful use may be continued so long as it 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 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 in the district in which it is located.
(B) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use and which existed at the time of adoption or amendment of this chapter, 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 by a permitted use, shall thereafter no longer be considered a nonconforming use. Such structure or structure and land in combination shall henceforth conform to the regulations for the district in which such structure is located. The nonconforming use shall not thereafter be resumed.
(D) If such nonconforming use of a structure, or structure and land in combination ceases for any reason for a period of more than 6 consecutive months or 18 nonconsecutive months within a 3 year period, any subsequent use of such structure or land in combination shall conform to the regulations specified by this chapter for the district in which such land is located. Structures occupied by seasonal uses shall be excepted from this provision.
(E) Where 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. 792, passed 12-3-01)
§ 155.186 REPAIRS AND MAINTENANCE.
(A) On any 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 non-bearing walls, fixtures, wiring or plumbing to an extent not exceeding 50% of the assessed value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.
(B) Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(Ord. 792, passed 12-3-01)
§ 155.186A PREFERRED CLASS DESIGNATIONS.
It is the intent of this section to establish a “preferred class” designation that the Planning Commission may approve for certain nonconforming uses, subject to the following:
(A) Procedure. The procedure for considering all preferred class nonconforming designations shall be as follows:
(1) Application. Applications for consideration of a preferred class designation for a nonconforming use may be initiated by the owner, operator or person having beneficial use of the lot occupied by the nonconforming use. The application shall include a detailed description of the use and the reasons for the request.
(2) Public hearing. A public hearing shall be held for all requests for a preferred class nonconforming designation in accordance with the procedures set forth in § 155.291.
(B) Conditions for Approval of a Preferred Class Designation. Subsequent to a public hearing, the Planning Commission may grant a preferred class designation upon finding that all of the following conditions exist:
(1) Use standards.
(a) The nonconformity does not significantly depress the value of nearby properties.
(b) The use does not adversely impact the public health, safety, and welfare.
(c) The use does not adversely impact the purpose of the district where it is located.
(d) No useful purpose would be served by the strict application of ordinance requirements that apply to the nonconformity.
(2) Signage. The Planning Commission may require that signage associated with the use be brought into compliance with § 155.230.
(3) Plan for site improvements. The Planning Commission may require that a site plan be submitted for review per § 155.286.
(4) Other conditions. The Planning Commission may attach conditions to the approval to assure that the use does not become contrary to the purpose of this section and Ordinance; or to the public health, safety, and welfare.
(C) Effect of approval of a preferred class designation. Preferred class nonconformities may perpetuate and expand in accordance with an approved site plan, subject to the provisions of this section, and any conditions of approval. Preferred class nonconforming structures may be perpetuated, expanded, improved or rebuilt if damaged or destroyed, in accordance with an approved site plan and subject to the provisions of this section and any conditions of approval.
(D) Effect of denial of a preferred class designation. An application for a preferred class designation that has been denied by the Planning Commission may not be appealed to the Zoning Board of Appeals, but may be resubmitted for Planning Commission consideration after a minimum of 365 calendar days have elapsed from the date of denial.
(E) Cessation of preferred class nonconforming uses. The preferred class designation shall be deemed removed when the principal structure occupied by a preferred class nonconforming use is permanently removed or when a preferred class nonconforming use is replaced by a conforming use. All subsequent uses shall conform to the use provisions of this chapter.
(F) Rescinding approval of a preferred class designation. Failure of the owner, operator or person having beneficial use of a lot occupied by a preferred class nonconforming use to maintain or improve the site in accordance with the provisions of this section, an approved site plan or any conditions of approval shall be grounds for the Planning Commission to rescind the preferred class designation. Such action shall be subject to the following.
(1) Public hearing. Such action may be taken only after a public hearing has been held in accordance with the procedures set forth in § 155.291, at which time the owner, operator or person having beneficial use occupied by a preferred class nonconforming use shall be given an opportunity to present evidence in opposition to rescission.
(2) Determination. Subsequent to the hearing, the decision of the Commission with regard to the rescinding of approval shall be made and written notification provided to said owner, operator or person having beneficial use occupied by a preferred class nonconforming use.
(G) Existing dwellings in non-residential districts. Single-family dwellings so existing and used in non-residential zoning districts before the effective date of adoption or amendment of this section are hereby designated as preferred class nonconforming uses. Such dwellings and accessory structures may be used, repaired, expanded, altered or replaced if destroyed, subject to the following:
(1) Use, repair, expansion, alteration, or replacement of the dwelling or accessory structures shall conform to all applicable dimensional and use standards of the § 155.041 District.
(2) The use, dwelling, and accessory structures shall be maintained in conformance with all other applicable federal, state, and local laws, ordinances, regulations, and rules.
(Ord. passed 2-20-17)
§ 155.187 CHANGE OF TENANCY OR OWNERSHIP.
There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures and premises, provided there is no change in the nature or character of such nonconforming uses.
(Ord. 792, passed 12-3-01)