City of Coldwater, MI
Branch County
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Table of Contents
Table of Contents
[Ord. No. 738, passed 2-22-2010]
The lawful use of any land or structure, exactly as such existed at the time of the enactment of this Zoning Code, may be continued, although such use or structure does not conform to the provisions of this Zoning Code. Further, it is the intent of this Zoning Code that nonconforming structures shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses that would be prohibited elsewhere in the same zoning district. A limited exception to this prohibition may be permitted to allow some nonconforming enlargement, expansion, or extensions as described below in Section 1298.05.
[Ord. No. 738, passed 2-22-2010]
Nothing in this Zoning Code shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of this Zoning Code.
[Ord. No. 738, passed 2-22-2010]
The use of a nonconforming building or structure may be changed to another use permitted in the most restricted district in which such nonconforming use is permitted. Where the use of a nonconforming building or structure is hereafter changed to a use permitted in a more restricted district, it shall not thereafter be changed to a use, which is not permitted in the more restricted district. The proposed use shall be subject to all the requirements applying to such proposed use in the most restricted district in which the nonconforming use to be changed is permitted.
[Ord. No. 738, passed 2-22-2010; amended 11-12-2018 by Ord. No. 814]
(a) 
Such reconstruction and maintenance work as are required to keep a nonconforming building or structure in a modern or sound condition may be made if such does not include structural changes or alterations. However, a nonconforming building or structure which is damaged or destroyed by fire, flood, wind or other calamity may be restored, rebuilt, or reconstructed, provided that the damage or destruction does not exceed more than 60% of the real valuation of the building, exclusive of land and foundation, and the occupancy or use of such building or structure, or part thereof, which existed at the time of such destruction may be continued or resumed, provided that such restoration is started within a period of one year after the time of such damage and is diligently prosecuted to completion. Said another way, a nonconforming building or structure shall not be restored after damage exceeding 60% of the true market value of the building or structure immediately prior to damage.
(b) 
A nonconforming residential accessory structure which is damaged or destroyed by fire, flood, wind, or other calamity may be restored, rebuilt, or reconstructed, provided that the damage or destruction does not exceed more than 100% of the real valuation of the building, exclusive of land and foundation.
[Ord. No. 738, passed 2-22-2010]
No nonconforming use of land, except residential, shall hereafter be enlarged or extended beyond its present building confines. A residential nonconforming use may be expanded or extended up to 25% of the ground floor area of the existing residence. A nonconforming building or structure (but not a nonconforming use) may be enlarged or extended beyond its present building confines, provided that any such extension or enlargement shall comply with the requirements of this Zoning Code. No nonconforming building or structure shall be moved in whole or in part to any other location, unless such building or structure and off-street parking spaces, yards and other open spaces, there provided, conform to all the regulations of the district in which they are located.
[Ord. No. 738, passed 2-22-2010]
No building, structure or premises, where a nonconforming use has ceased for more than one year or has been changed to a use permitted in the district in which it is located, shall again be devoted to a nonconforming use.
[Ord. No. 738, passed 2-22-2010]
In any case where plans and specifications for a building or structure have been filed which would conform with the zoning regulations of this Zoning Code, and where a building permit for such a building or structure has been issued and construction work started at the effective date of this Zoning Code, such work may proceed, provided it is completed within one year of said date.
[Ord. No. 738, passed 2-22-2010]
In accordance with Act 110 of the Public Acts of 2006, as amended, Council may, from time to time, acquire properties on which nonconforming uses or structures are located, by condemnation or otherwise, and may remove such uses or structures and re-sell the property for a conforming use or develop it for a public use. The net cost of such acquisition may be assessed against a benefit district, or may be paid from other sources of revenue.
[Ord. No. 738, passed 2-22-2010]
The foregoing provisions of this chapter shall also apply to buildings, structures, land or uses which hereafter become nonconforming due to any reclassification of districts under this Zoning Code or any subsequent change in the regulations of this Zoning Code.