Township Summary Sugar-Coats Dangerous Ordinance Implications

Grandfathered?  No, it's non-conforming! And it could be devastating.

Background: In Article 3, Schedule of Regulations for the Commercial Resort District, Section 3.5 the amended ordinance creates waterfront setbacks for buildings in the Commercial Resort district from 40 feet to 125 feet.

A summary of the amended ordinance put out by the township says “existing structures closer to the waterfront will be grandfathered.” On further examination the ordinance lacks a definition of “grandfathered.”

Here’s the Problem! There is no such term as “grandfathered” in Michigan Zoning Law and the ordinance lacks a definition of "grandfathered." Rather the term for planning and zoning is “non-conforming" when applied to properties that existed before an ordinance was passed or amended.

What’s Non-Conforming? The township zoning ordinance defines non-conforming as any building or land lawfully occupied by a use, when the zoning ordinance was enacted in 1976 or at the time of an amendment. BUT – and there’s always a BUT – Article 10 of the township zoning ordinance, which was not amended, has very detailed regulations for non-conforming structures which say “no such building or structure shall be enlarged or extended except as provided herein” and then lists a number of conditions that must be fulfilled for non-conforming uses.

So the question is what does that mean for other Commercial Resort properties? It means strict regulations for:

  • Rebuilding after a fire

  • Rebuilding after a natural disaster

  • Adding on to existing buildings

  • Renovating existing buildings/or tennis courts

  • Building new structures

In any of these situations, the township could say NO! And the township has the power to come in and condemn non-conforming uses and structures to eliminate non-conforming properties.

Who is impacted? Click here for details.

If you think this goes too far in restricting what owners can do to their properties to recoup after a disaster or to expand on their property then please Vote NO!

Scott Walker