No nonconforming use or structure shall be enlarged, extended, or structurally altered, nor shall any nonconformity be changed to a different nonconformity which increases the intensity of use or nonconformity, except as specifically permitted by the regulations which follow:
A. Applicability. The following regulations shall apply to any nonconforming use or structure, including:
1. Nonconforming uses of open land.
2. Nonconforming use of buildings designed or used for a conforming use.
3. Nonconforming use of buildings specifically designed for the type of use which occupies them but not suitable for a conforming use.
4. Buildings designed and used for a conforming use but not in conformance with area and bulk, parking, loading, or landscaping requirements.
5. Nonconforming structures, such as fences and signs.
B. Enlargement, extension, or alteration.
1. Increase in nonconformity prohibited. Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of any nonconformity. For example, physical alteration of structures or the placement of new structures on open land is unlawful if such activity results in:
— An increase in the total amount of space devoted to a nonconforming use, or
— Greater nonconformity with respect to dimensional restrictions, such as setback requirements, height limitations, density requirements, or other requirements in the district in which the property is located.
2. Permitted extension. Any nonconforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building. No nonconforming use of land shall be enlarged, increased, or extended to occupy a greater area of land, nor shall any such use be moved in whole or in part to any portion of the lot or parcel than was occupied on the effective date of this ordinance or amendment thereto.
3. Alterations that decrease nonconformity. Any nonconforming structure or any structure or portion thereof containing a nonconforming use, may be altered if such alteration serves to decrease the nonconforming nature of the structure or use, subject to the limitations in sections 3.05(C) and (D) below. The zoning administrator shall determine if a proposed alteration will decrease the degree of nonconformity.
4. Alterations to existing structures with dimensional nonconformities. (Note: This provision is also intended to apply to new commercial structures, so similar language will be added to the Development Standards for Business and Office Districts.)
Many buildings in commercial corridors in Dearborn were built on lots with platted depths of one hundred twenty (120) feet or less. It is recognized that such shallow lot depths are a practical difficulty, as defined in this Ordinance, and have necessitated zoning variances for most new developments and alterations to existing buildings. In recognition of the practical difficulty presented by lots with depths of one hundred twenty (120) feet or less, on those lots, no variances are required for side and front yard setbacks and rear yard setbacks, except that each new development must have at least a one (1) foot setback from the property line. As a trade-off for leniency with setbacks and landscaping, it is the intent of the City of Dearborn to require strict adherence to parking and lot coverage requirements.
To prevent situations where more-intense uses are proposed for buildings shortly after new construction or alterations are completed, no variances may be granted on a property for which a variance was obtained within the previous ten (10) years.
C. Repairs, improvements, and modernization.
1. Required repairs. Repairs or maintenance deemed necessary by the director of building and safety to keep a nonconforming building structurally safe and sound are permitted. However, if a nonconforming structure or a structure containing a nonconforming use becomes physically unsafe and/or unlawful due to lack of maintenance and repairs and is declared as such by the director of building and safety, it shall not thereafter be restored, repaired, or rebuilt except in full conformity with the regulations in the district in which it is located.
2. Additional permitted improvements. Additional repairs, improvements, or modernization of nonconforming structures, beyond what is required to maintain the safety and soundness of the structure, shall be permitted provided such repairs or improvements do not exceed fifty (50) percent of the market value as determined by the city assessor of the structure during any period of twenty-four (24) consecutive months. Repairs, improvements, and modernization approved under this provision shall not result in any of the following conditions:
(a) Enlargement of any existing dimensional nonconformity (construction of a building addition along an existing nonconforming setback line is prohibited, any addition shall not be placed within the required setback).
(b) Expansion of a nonconforming use.
(c) Creation of any new nonconformity.
(d) An increase in gross floor area (excluding basements) of more than thirty-eight (38) percent.
(e) Expansion of a structure or use that is nonconforming per the parking requirements in Article 4 unless the new parking requirement is met.
D. Damage by fire or other catastrophe. Any nonconforming structure or structure housing a nonconforming use that is damaged by fire, flood, or other means in excess of fifty (50) percent of the structure's precatastrophe fair market value (as determined by the city assessor) shall not be rebuilt, repaired, or reconstructed, except in complete conformity with the provisions of this ordinance.
In the event that the damage is less than fifty (50) percent of the structure's precatastrophe fair-market value, the structure may be restored to its precatastrophe status. Such restoration shall take place only upon approval of the director of building and safety and in full compliance shall be completed within one (1) year from the date of catastrophe.
(Ord. No. 93-553, § 3.05, 2-2-1993; Ord. No. 02-887, 4-16-2002; Ord. No. 07-1114, 4-2-2007; Ord. No. 18-1605, 1-30-2018)