Permit Process

Mt. Pleasant MI City Administration Planning Zoning 48858 Isabella County

Nonconforming Lots and Uses

City Code § 154.007 NONCONFORMING LOTS AND USES

  1. (A) Nonconforming lots. Any lot existing at the time of adoption of this chapter that fails to comply with the minimum requirements of this chapter may be used for a permitted use provided it is in single ownership and that at least 90% of each yard requirement is complied with.
  2. (B) Nonconforming uses.
    1. (1) Nonconforming uses by reason of this chapter only. Any building, structure or use lawfully existing upon the effective date of this chapter which does not conform to the provisions of this chapter may be continued provided that there is no increase or enlargement in the degree or manner of nonconformance.
    2. (2) Legal nonconforming uses under prior zoning ordinance. A legal nonconforming use existing under Ordinance No. 448, as amended, of a premise or structure may be continued provided that there is no increase or enlargement of the degree or manner of nonconformance.
    3. (3) Nonconformance of yards. A conforming use which does not meet the area, yard or height standards of this chapter may be altered or enlarged provided there is no increase in the specific nonconformity. Landscape and parking standards must be met.
    4. (4) Nonconforming uses discontinued. If a nonconforming use is discontinued or ceased for a period of one year, any subsequent use shall conform to the provisions of this chapter unless the Zoning Board of Appeals permits a new nonconforming use. Resumption, restoration, reconstruction, extension or substitution of the structure or land may be authorized by the Zoning Board of Appeals if said new use or resumption, restoration, reconstruction, extension or substitution represents a marked decrease in the degree of nonconformance, improves the character of the neighborhood and is of decided benefit to adjacent conforming uses. The Board may impose such structural changes, buildings or site modifications or other requirements it deems necessary to meet the above requirements. This division shall not be construed to permit the continuance of prior nonconforming use.
    5. (5) Change of use. A nonconforming use may be changed to a new nonconforming use if the Zoning Board of Appeals finds that the new use would markedly decrease the degree of nonconformance and would enhance the desirability of adjacent conforming uses. Where no structural alterations requiring a building permit are involved, a similar nonconforming use may be converted to a similar nonconforming use of a basic character and intensity.
    6. (6) Nonconforming use destroyed. A building which has been damaged by fire or other cause to the extent of more than 50% of its replacement value must be repaired or rebuilt in conformity with the provisions of this chapter unless the Zoning Board of Appeals finds that the redevelopment of the site represents a marked decrease in the specific nonconformance per § 154.007(B)(4), and there is an equivalent use.
    7. (7) Restoration and repairs. Except as otherwise provided in this section, a building or nonconforming use may be repaired or restored to a safe condition.
    8. (8) The City Commission may acquire by purchase, condemnation, or otherwise, private property or an interest in private property for the removal of nonconforming uses and structures. The City Commission may provide that the cost and expense of acquiring private property may be paid from general funds or assessed to a special district in accordance with the applicable statutory provisions relating to the creation and operation of special assessment districts for public improvement in the City of Mt. Pleasant. The elimination of the nonconforming uses and structures in a zoning district is declared to be for a public purpose and for a public use.
Mount Pleasant, Michigan City Code     (excerpt)     01/29/2011 Am. Ord. 939 passed 12/10/07 - record of City Commission action not available on website January 30, 2011; amendment is not consistent with Planning Commission 06/07/07 recommendation.

MZEA 125.3208 Nonconforming uses or structures. (excerpt 01/29/2011)

Sec. 208.

(1) If the use of a dwelling, building, or structure or of the land is lawful at the time of enactment of a zoning ordinance or an amendment to a zoning ordinance, then that use may be continued although the use does not conform to the zoning ordinance or amendment. This subsection is intended to codify the law as it existed before July 1, 2006 in section 16(1) of the former county zoning act, 1943 PA 183, section 16(1) of the former township zoning act, 1943 PA 184, and section 3a(1) of the former city and village zoning act, 1921 PA 207, as they applied to counties, townships, and cities and villages, respectively, and shall be construed as a continuation of those laws and not as a new enactment.

(2) The legislative body may provide in a zoning ordinance for the completion, resumption, restoration, reconstruction, extension, or substitution of nonconforming uses or structures upon terms and conditions provided in the zoning ordinance. In establishing terms for the completion, resumption, restoration, reconstruction, extension, or substitution of nonconforming uses or structures, different classes of nonconforming uses may be established in the zoning ordinance with different requirements applicable to each class.

(3) The legislative body may acquire, by purchase, condemnation, or otherwise, private property or an interest in private property for the removal of nonconforming uses and structures. The legislative body may provide that the cost and expense of acquiring private property may be paid from general funds or assessed to a special district in accordance with the applicable statutory provisions relating to the creation and operation of special assessment districts for public improvements in local units of government. Property acquired under this subsection by a city or village shall not be used for public housing.

(4) The elimination of the nonconforming uses and structures in a zoning district is declared to be for a public purpose and for a public use. The legislative body may institute proceedings for condemnation of nonconforming uses and structures under 1911 PA 149, MCL 213.21 to 213.25.

City Code § 154.002 PURPOSE. (excerpt 01/29/2011)

This chapter is designed to regulate the location of land uses and the location of buildings designed for specific uses, to regulate and limit the height and bulk of buildings hereafter erected or altered, to regulate and determine the minimum area of yards, courts and other open spaces surrounding buildings, to regulate and limit the density of population, to provide for safe and convenient access, to lessen congestion in the streets, to provide and regulate off-street parking for vehicles, to secure safety from fire and other hazards, to regulate the erection and maintenance of signs, to conserve the value of property, to encourage the appropriate use of land, and to provide for orderly growth and development, and in order to promote these purposes, this chapter divides the city into zoning districts. This chapter further provides for penalties for violation of its provisions, for enforcement of its provisions, and a method for being amended.

 

Nonconforming Lots and Uses

City Code § 154.007 NONCONFORMING LOTS AND USES

  1. (A) Nonconforming lots. Any lot existing at the time of adoption of this chapter that fails to comply with the minimum requirements of this chapter may be used for a permitted use provided it is in single ownership and that at least 90% of each yard requirement is complied with.
  2. (B) Nonconforming uses.
    1. (1) Nonconforming uses by reason of this chapter only. Any building, structure or use lawfully existing upon the effective date of this chapter which does not conform to the provisions of this chapter may be continued provided that there is no increase or enlargement in the degree or manner of nonconformance.
    2. (2) Legal nonconforming uses under prior zoning ordinance. A legal nonconforming use existing under Ordinance No. 448, as amended, of a premise or structure may be continued provided that there is no increase or enlargement of the degree or manner of nonconformance.
    3. (3) Nonconformance of yards. A conforming use which does not meet the area, yard or height standards of this chapter may be altered or enlarged provided there is no increase in the specific nonconformity. Landscape and parking standards must be met.
    4. (4) Nonconforming uses discontinued. If a nonconforming use is discontinued or ceased for a period of one year, any subsequent use shall conform to the provisions of this chapter unless the Zoning Board of Appeals permits a new nonconforming use. Resumption, restoration, reconstruction, extension or substitution of the structure or land may be authorized by the Zoning Board of Appeals if said new use or resumption, restoration, reconstruction, extension or substitution represents a marked decrease in the degree of nonconformance, improves the character of the neighborhood and is of decided benefit to adjacent conforming uses. The Board may impose such structural changes, buildings or site modifications or other requirements it deems necessary to meet the above requirements. This division shall not be construed to permit the continuance of prior nonconforming use.
    5. (5) Change of use. A nonconforming use may be changed to a new nonconforming use if the Zoning Board of Appeals finds that the new use would markedly decrease the degree of nonconformance and would enhance the desirability of adjacent conforming uses. Where no structural alterations requiring a building permit are involved, a similar nonconforming use may be converted to a similar nonconforming use of a basic character and intensity.
    6. (6) Nonconforming use destroyed. A building which has been damaged by fire or other cause to the extent of more than 50% of its replacement value must be repaired or rebuilt in conformity with the provisions of this chapter unless the Zoning Board of Appeals finds that the redevelopment of the site represents a marked decrease in the specific nonconformance per § 154.007(B)(4), and there is an equivalent use.
    7. (7) Restoration and repairs. Except as otherwise provided in this section, a building or nonconforming use may be repaired or restored to a safe condition.
    8. (8) The City Commission may acquire by purchase, condemnation, or otherwise, private property or an interest in private property for the removal of nonconforming uses and structures. The City Commission may provide that the cost and expense of acquiring private property may be paid from general funds or assessed to a special district in accordance with the applicable statutory provisions relating to the creation and operation of special assessment districts for public improvement in the City of Mt. Pleasant. The elimination of the nonconforming uses and structures in a zoning district is declared to be for a public purpose and for a public use.
Mount Pleasant, Michigan City Code     (excerpt)     01/29/2011 Am. Ord. 939 passed 12/10/07 - record of City Commission action not available on website January 30, 2011; amendment is not consistent with Planning Commission 06/07/07 recommendation.

MZEA 125.3208 Nonconforming uses or structures. (excerpt 01/29/2011)

Sec. 208.

(1) If the use of a dwelling, building, or structure or of the land is lawful at the time of enactment of a zoning ordinance or an amendment to a zoning ordinance, then that use may be continued although the use does not conform to the zoning ordinance or amendment. This subsection is intended to codify the law as it existed before July 1, 2006 in section 16(1) of the former county zoning act, 1943 PA 183, section 16(1) of the former township zoning act, 1943 PA 184, and section 3a(1) of the former city and village zoning act, 1921 PA 207, as they applied to counties, townships, and cities and villages, respectively, and shall be construed as a continuation of those laws and not as a new enactment.

(2) The legislative body may provide in a zoning ordinance for the completion, resumption, restoration, reconstruction, extension, or substitution of nonconforming uses or structures upon terms and conditions provided in the zoning ordinance. In establishing terms for the completion, resumption, restoration, reconstruction, extension, or substitution of nonconforming uses or structures, different classes of nonconforming uses may be established in the zoning ordinance with different requirements applicable to each class.

(3) The legislative body may acquire, by purchase, condemnation, or otherwise, private property or an interest in private property for the removal of nonconforming uses and structures. The legislative body may provide that the cost and expense of acquiring private property may be paid from general funds or assessed to a special district in accordance with the applicable statutory provisions relating to the creation and operation of special assessment districts for public improvements in local units of government. Property acquired under this subsection by a city or village shall not be used for public housing.

(4) The elimination of the nonconforming uses and structures in a zoning district is declared to be for a public purpose and for a public use. The legislative body may institute proceedings for condemnation of nonconforming uses and structures under 1911 PA 149, MCL 213.21 to 213.25.

City Code § 154.002 PURPOSE. (excerpt 01/29/2011)

This chapter is designed to regulate the location of land uses and the location of buildings designed for specific uses, to regulate and limit the height and bulk of buildings hereafter erected or altered, to regulate and determine the minimum area of yards, courts and other open spaces surrounding buildings, to regulate and limit the density of population, to provide for safe and convenient access, to lessen congestion in the streets, to provide and regulate off-street parking for vehicles, to secure safety from fire and other hazards, to regulate the erection and maintenance of signs, to conserve the value of property, to encourage the appropriate use of land, and to provide for orderly growth and development, and in order to promote these purposes, this chapter divides the city into zoning districts. This chapter further provides for penalties for violation of its provisions, for enforcement of its provisions, and a method for being amended.