Mich. Admin. Code R. 281.59 - Nonconforming lot, use, structure

Rule 9.

(1) It is recognized that there exists, within the natural river district, lots, structures, and uses of land and structures which were lawful before these rules were promulgated or amended and which would be prohibited, regulated, or restricted pursuant to these rules. It is the intent of these rules to permit legal nonconforming uses, structures, or lots to continue until they are brought into conformity and, in certain instances, to permit the limited expansion of certain legal nonconforming uses and structures.

(2) If the combination of 2 or more contiguous nonconforming vacant lots owned by the same person results in an increase in conformance with the dimensional requirements of these rules, the lots shall be combined for use unless the lots are within a plat established before the effective date of these rules wherein more than 75% of the platted lots contain a single-family dwelling.

(3) The zoning administrator shall approve an application for a zoning permit for a principal use on a legal nonconforming lot of record subject to both of the following:

(a) The principal use complies with these rules, except the minimum lot width and area requirements.

(b) If the non-conforming lot is vacant, the applicant or owner of the subject lot does not own other contiguous vacant properties which if combined with the nonconforming lot would result in increasing the conformity of the lot.

(4) An application for a zoning permit for a principal use on a legal nonconforming lot of record that is not in compliance with R 281.59(3) shall be treated as a variance pursuant to R 281.60.

(5) If on the effective date of these rules a lawful use of land exists that is made unlawful under these rules, the use may be continued if it remains otherwise lawful, subject to all of the following:

(a) The nonconforming use shall not be enlarged, increased, or extended without a land use variance under R 281.60.

(b) The nonconforming use and the structures associated with the nonconforming use shall not be moved, in whole or in part, to any other portion of the lot or parcel that is occupied by such use on the effective date of these rules unless the move would result in a greater degree of conformity with these rules.

(c) If the nonconforming use of land ceases for any reason for a period of 12 months, any subsequent use of the land shall conform to the requirements specified by these rules.

(6) If a lawful structure exists on the effective date of these rules that is made unlawful under these rules, the structure may remain if otherwise lawful, subject to all of the following:

(a) The structure may not be altered in a way that increases its nonconformity, such as expanding toward the ordinary high-water mark or increasing the height above the maximum height standard. The ground floor area of any legal nonconforming single-family dwelling or short-term rental facility may be expanded by up to 50%, or up to 75% if a variance for not more than a 25% reduction in the building setback standard is granted, of the existing ground floor area cumulative from the date of nonconformance, or to the minimum extent necessary to comply with local standards for minimum legal floor area for dwellings, whichever is greater, if the expansion does not increase the nonconformity of the dwelling. Any alteration of a legal nonconforming dwelling must, to the extent possible, be in compliance with all setback and other building requirements. Any expansion of a lawful, nonconforming dwelling, including construction of additional stories, shall be treated as a variance under R 281.60. Construction of a new legal nonconforming accessory building or expansion of the ground floor area of an existing legal nonconforming accessory building is considered to be an expansion of the ground floor area of an associated legal nonconforming single-family dwelling or short-term rental facility.

(b) Expansion of a legal nonconforming single-family dwelling or short-term rental facility may be permitted by the zoning administrator as a minor variance if any of the following apply:

(i) Part or all of the expansion is located within the natural vegetation strip, expansion of the dwelling is landward of the existing structure, the expansion is not more than a 50% increase in ground floor area cumulative from the date of nonconformance, the height of the expansion is not greater than the height of the original dwelling and the expansion is not located in a wetland or the 100-year floodplain.

(ii) All of the expansion is located landward of the natural vegetation strip, expansion of the dwelling is not closer to the river than the closest point of the existing dwellings foundation, the expansion is not more than a 50% increase in ground floor area (or 75% if the variance is not more than a 25% reduction in the building setback standard) cumulative from the date of nonconformance, the height of the expansion is not greater than the height of the original dwelling and the expansion is not located in a wetland or the 100-year floodplain.

(iii) All of the expansion is in compliance with the minimum building setback standard, the expansion is not more than a 100% increase in the enclosed ground floor area of the dwelling cumulative from the date of nonconformance and the expansion is not located in a wetland or the 100-year floodplain.

(c) Any legal nonconforming structure, other than a dam, destroyed by any means except willful destruction by the property owner or his or her agent, to an extent that is more than 50% of its current appraised value, restoration of the structure shall be treated as a variance. The zoning review board or zoning administrator shall appoint a qualified individual to determine whether the structure has been destroyed to an extent that is more than 50% of its current appraised value. Restoration of the structure may be permitted by the zoning administrator, as a minor variance if all of the following conditions exist:

(i) The structure is not located within a floodplain or wetland.

(ii) The presence of the nonconforming structure will not lead to accelerated bank erosion or other material degradation of the river.

(iii) The restored structure has the identical exterior dimensions, configuration, and maximum height of the destroyed structure.

(iv) Application for permit to restore a damaged structure is made within 12 months of the date of damage. An extension may be granted if the property is held in probate, an insurance settlement related to the damage is in dispute, or a criminal investigation related to the damage is in progress.

(v) A structure restored under the provisions of this rule shall be considered a non-conforming structure.

(vi) If any of the provisions of this rule cannot be met, restoration of a destroyed nonconforming structure shall require a variance as provided in R 281.60.

(d) If a legal nonconforming structure has deteriorated or is willfully destroyed by the property owner or owners agent to an extent that restoration costs are more than 50% of its current appraised value, the property owner shall meet all development standards in these rules to the greatest extent possible when constructing any replacement structure and shall require a variance as provided in R 281.60. The zoning review board or zoning administrator shall appoint a qualified individual to determine whether the structure has been destroyed to an extent that is more than 50% of its current appraised value.

(e) If a variance is granted for a new single-family dwelling or short-term rental facility to replace a single-family dwelling or short-term rental facility that has been destroyed to an extent that is more than 50% of its current appraised value, a variance to construct a larger replacement structure shall be considered to be the same as a variance to expand the original structure for the purposes of determining maximum expansion of the original nonconforming structure.

(f) A variance shall not be granted for a new nonconforming structure to replace a destroyed nonconforming structure that would result in the new structure being more nonconforming than the destroyed structure, such as moving the structure closer to the ordinary high-water mark or increasing the height above the maximum height standard.

(g) The nonconforming structure shall not be moved, in whole or in part, to any other portion of the lot or parcel that is occupied by the structure on the effective date of these rules or amendment of these rules, unless the move would result in a greater degree of conformity with these rules. Moving a legal nonconforming structure requires a zoning permit and may require a variance.

(h) Reconstruction of a dam that is breached or destroyed by more then 50% of its replacement costs requires a land use variance. If a variance is approved, reconstruction of the dam shall be subject to all of the following provisions:

(i) Reconstruction of a dam shall comply with applicable regulations and standards in effect at the time of application for replacement.

(ii) Application for reconstruction of a dam shall be received within 1 year of destruction.

(iii) A reconstructed dam shall be built at the same location as the original dam and with a height not greater than the original dam height.

(iv) A bottom discharge and fish passage facility shall be provided for a reconstructed dam where appropriate.

Notes

Mich. Admin. Code R. 281.59

1979 AC; 2013 AACS