A.

CONTINUANCE OF NONCONFORMING BUILDING. Any such nonconforming building or structure may be continued and maintained, provided there is no physical change other than necessary maintenance and repair in such building or structure, except as permitted hereinafter in subsections B, C, and D.

B.

MAINTENANCE PERMITTED. Except as otherwise provided in this section, a nonconforming building or structure may be maintained. The maintenance of such building or structure shall include necessary repairs and incidental alterations, which alterations, however, shall not extend to the extent or degree or nonconformity of such building or structure to this Ordinance, provided that in a building which is nonconforming as to use regulations, no structural alterations shall be made, except those required by law or ordinance. Provided further, that the cost of such work shall not exceed thirty (30) percent of the assessed valuation of such building or structure at the time such work is done. This requirement shall not be considered as prohibiting the bringing of a structure into conformity with the regulations of the district in which it is located.

C.

RESTORATION OF DAMAGED BUILDING. A nonconforming building or structure having been damaged or partially destroyed by fire or other calamity to an extent not exceeding sixty (60) percent of its assessed valuation, exclusive of foundations, at that time, may be restored; and its immediately previous occupancy or use existing at the time of such partial destruction may be continued or be resumed, provided that such reconstruction is approved by variance as authorized under Article 14 hereof, and the work of restoration is commenced within one (1) year of the date of such partial destruction and is diligently carried on to completion. Whenever a nonconforming building or structure is damaged in excess of sixty (60) percent of its assessed valuation, exclusive of foundations, at that time, the repair or reconstruction of such building shall conform to all of the regulations of the district in which it is located and it shall be treated as a new building.

D.

ADDITIONS, ENLARGEMENTS, MOVING.

1.

A building or structure, nonconforming as to height regulations, may be added to or enlarged if such addition or enlargement conforms to the regulations of the district in which it is located. In such case, such addition or enlargement shall be treated as a separate building or structure in determining conformity to all of the requirements of this Ordinance.

2.

When a building or structure, or portion thereof, is moved from one district to another or to another location within the same district, it must conform or be made to conform to all of the regulations, ordinances and codes of the district to which it is moved.

(ord. eff. April 24, 2021)

A.

CONTINUANCE OF NONCONFORMING USE. Any such nonconforming use may be continued and maintained, provided there is no increase or enlargement of the area, space or volume occupied by, or devoted to, such nonconforming use within a building or on site.

B.

ABANDONMENT; TERMINATION OF NONCONFORMING USE. Any part of a building, structure or land occupied by a nonconforming use which hereafter is abandoned and remains unoccupied for a continuous period of one (1) year shall not thereafter be occupied, except by a use which conforms to the use regulations of the district in which it is located.

C.

CHANGE OF TENANCY OR OWNERSHIP. There may be a change of tenancy, ownership or management of an existing nonconforming use, provided there is no change in the nature or character of such nonconforming use.

D.

EXPANSION PROHIBITED. A nonconforming use of a portion of a building or structure, which building or structure otherwise conforms to the provisions of this Ordinance, shall not be expanded or extended into any other portion of such conforming building or structure, nor changed, except to a conforming use. If such nonconforming use, or portion thereof, is discontinued or changed to a conforming use, any future use of such building, structure, or portion thereof, shall be in conformity to the regulations of the district in which such building or structure is located.

E.

CHANGE OF USE. The nonconforming use of a building, structure or land may not be changed to a different use unless one of the following conditions has been met:

1.

Such different use is permitted in the Zoning District under which the property is currently zoned, subject to site plan review and approval as required in the Zoning Ordinance.

2.

Such proposed use, while still nonconforming, is considered less intense than the previous nonconforming use as determined by the Mount Clemens Planning Commission, and would bring the site closer into conformance with existing Ordinance standards. A use may be deemed more intense if the Planning Commission determines that the proposed use meets any of the following criteria:

a.

The proposed use generates more light, noise, air, or other pollution than the current use;

b.

The proposed use generates more traffic and/or turning movements, or negatively alters the traffic circulation pattern on or off the site;

c.

The use generates a greater need for parking on site;

d.

The proposed use causes greater negative economic impacts on adjacent properties than the current use.

e.

Where a use change requires submission of a site plan, the applicant shall be required to comply with all applicable zoning provisions as is deemed reasonably feasible by the Mount Clemens Planning Commission. Site plan compliance shall include but not be limited to such items as parking, landscaping, and signage.

F.

NONCONFORMING USE OF LAND. Continuation of Use. The nonconforming use of land (where no building is involved) existing at the date this Ordinance becomes effective, may be continued, provided that:

1.

No such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property.

2.

If such nonconforming use of land or any portion thereof is discontinued or changed, any future use of such land shall be in conformity with the provisions of this Ordinance.

(ord. eff. April 24, 2021)

A.

NONCONFORMING LOT OF RECORD. Division of Nonconforming Lot. Parcels shall not be divided in a manner that increases nonconformity, causes an existing structure or site improvement to become nonconforming, or creates one or more nonconforming lots.

B.

USE OF A NONCONFORMING LOT OF RECORD. Any nonconforming lot of record shall only be used as permitted in the district in which it is located. A single nonconforming lot may be developed or improved with a principal building and permitted accessory structures, without the need for a variance, provided that the following conditions have been met:

1.

The structure and lot shall conform with all applicable yard dimensions, setbacks and other requirements, other than minimum lot width and lot area, for the district in which it is located.

2.

The lot in question meets seventy-five percent (75) of the minimum lot width and lot area requirements of the district in which it is located.

3.

The lot is not under contiguous single ownership with other lots that could be combined into one or more conforming lots.

C.

CONTIGUOUS NONCONFORMING LOTS UNDER THE SAME OWNERSHIP. Two or more contiguous, nonconforming lots under the same ownership shall be considered one parcel. The applicant shall not be permitted to make improvements to the parcel prior to combining such lots to create one conforming lot of record.

(ord. eff. April 24, 2021)

A.

Change in use, expansion or reconstruction on part of the site. The Community Development DirectorZoning Administrator and/or Planning Commission may review the extent of the non-compliance and may require full or partial compliance, or allow certain non-conforming features to remain, based on the relationship to the extent of the change proposed for the lot. In making such a determination, the Community Development Director and/or Planning CommissionZoning Administrator may require an upgrade to the site based upon the following standards:

1.

Reasonable site improvements to be made in relation to the scale and construction cost of the improvements.

2.

Improvements to the site are necessary to address safety-related site issues in accordance with the building code, fire code and other safety regulations.

3.

Existing parking and loading spaces do not meet the current requirements of Chapter 1254 - Parking Article 10. The Community Development Director and/or Planning CommissionZoning Administrator may allow for continued use of parking and loading spaces that do not meet the current required dimensions within all or a portion of the existing parking area if the intensity of the use will not increase. The Community Development Director and/or Planning CommissionZoning Administrator may require improvements to the pavement and parking lot striping.

4.

The closing, relocating, redesigning or reconfiguring of access points to allow shared access with an adjacent parcels for the purpose of reducing conflicts with traffic and non-motorized travel along the public street. (For example, driveways closest to signalized intersections or that have a poor offset spacing from driveways across the street may need to be closed, relocated or restrict certain turning movements to improve traffic flow and reduce crash potential). The Zoning AdministratorCommunity Development Director and/or Planning Commission may defer to the City Transportation Engineer for required changes to access design. See CHAPTER 1254.01.12 - INGRESS AND EGRESS.

5.

Improved landscaping, to the extent practical, is necessary to provide sufficient buffering from less intensive adjacent uses, to improve the streetscape, mitigate the impact of non-conforming buildings or structures, and reduce the flowrate and improve the quality of stormwater runoff.

6.

Conformance with the standards of section will result in reduced glare onto adjacent residential or institutional properties and public rights-of-way

7.

Relocating and screening waste receptacles that are not fully conforming to current placement and screening standards will reduce conflicts with vehicles, improve views from the public street, and reduce impacts on adjacent residential property.

(ord. eff. April 24, 2021)

A.

Whenever the owner shall fail to comply with the provisions of this Ordinance relating to removal or discontinuance of a nonconforming use, the Community Development Director shall serve notice in writing on such owner or his agent requiring him to comply therewith within a reasonable time after such notice. If, after such notice, the owner fails to comply therewith, the Community Development Director shall take such action as may be necessary, including civil action, to cause compliance with the provisions hereof.

(ord. eff. April 24, 2021)