rural residential district minimum size

Asked September 23, 2013, 2:23 PM EDT

A person just asked me if it was okay to put an accessory building on his rural residential property if there was no dwelling. Our zoning ordinance was just amended to say (In zoning district R-R, accessory buildings shall be allowed without the residency requirement). He said his rural residential property was just a little over one acre. Our schedule of regulations says the minimum lot size for rural residential lot is 10 acres. My question is, because his property is not 10 acres, does that mean he doesn't qualify for an accessory building?

Clare County Michigan

3 Responses

This really depends on your ordinance. I am assuming the lot in question is a nonconforming lot. The section of the ordinance that deals with nonconforming lots should provide information on intensification of nonconformities.Communities have discretion in dealing with nonconformities and determining how strict the regulations are regarding intensifying activities on a nonconforming lot. .

Does this mean anything less than 10 acres would qualify as a nonconforming lot due to our schedule of regulations?

Nonconformiring parcels are created If the change in the ordinance or adoption of the ordinance happened after the parcel was created. If the parcel was created after the change in zoning it is simply not in compliance with the ordinance and should be corrected. For example, if the parcel was created in 1980 and the ordinance was amended with the new parcel size regulation after that date, the parcel would be nonconforming.