The pool is and was in no way connected to the home. The entire premise and ordinance city is referring to states, an accessory use building (which the pool falls under) can not exist without the main use building (home). Although the actual ordinance states the accessory use building can not be "built" without the main. It says nothing about having to destroy a perfectly good accessory building. Essentially, even if it were a $100k pole barn, they would force us to destroy it.
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Required to destroy accessory use building because main no longer exists?
- Thread starter jbmsurfs
- Start date
just coming up on one year. House was demolished about 6 months ago.
They have mentioned nothing about an appeal and when we asked they state "we have already granted you two extensions". The extensions were to give us time to sell to someone else. Property is still listed.
The entire premise and ordinance city is referring to states, an accessory use building (which the pool falls under) can not exist without the main use building (home). Although the actual ordinance states the accessory use building can not be "built" without the main. It says nothing about having to destroy a perfectly good accessory building. Essentially, even if it were a $100k pole barn, they would force us to destroy it.
The entire premise and ordinance city is referring to states, an accessory use building (which the pool falls under) can not exist without the main use building (home). Although the actual ordinance states the accessory use building can not be "built" without the main. It says nothing about having to destroy a perfectly good accessory building. Essentially, even if it were a $100k pole barn, they would force us to destroy it.
Just an update!
We now just learned from our realtor the city cost us a $115k sale of the property. We had a buyer but city refused to give buyer enough time to get a proper building permit without making them destroy pool first. Buyer backed out.
We now just learned from our realtor the city cost us a $115k sale of the property. We had a buyer but city refused to give buyer enough time to get a proper building permit without making them destroy pool first. Buyer backed out.
Sorry, and for those who requested, the exact ordinance they refer to is as follows:
Sec. 42-121. - Accessory uses.
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A.
General requirements.
1.
Except as otherwise noted in this section, accessory structures, buildings and uses shall be subject to all of the regulations of this article applicable to main buildings, structures and uses.
2.
No detached accessory building or structure shall be located closer than five feet to a main building or other accessory building or structure on the same lot unless the minimum fire separation requirements of the last adopted edition of the building code are met.
3.
Except as noted in (4), below, accessory buildings, structures and uses shall be located in the same zone and on the same zoning lot as the main building and/or principal use.
4.
Accessory buildings, structures and uses shall be located in the same zone and on the same zoning lot as the main building and/or principal use except on property zoned P-1, vehicular parking or if the use is in the nature of a private utility, such as a private water supply or water impoundment area (but not including parking or access drives). These exceptions shall be subject to the review and approval of the planning commission and shall be specifically subject to site plan review. In addition, the developer shall provide the commission with impacts statements and information that the commission deems necessary to review potential adverse impacts on surrounding properties. The commission may attach requirements to such accessory buildings, structures and uses which it deems necessary to avoid or mitigate adverse impacts on surrounding properties.
B.
Accessory buildings—Residential zoning districts.
1.
Non-lakefront lots: The following applies to accessory buildings and uses on non-lakefront lots in the R-1A one-family residential, R-1B one-family residential, R-1C one-family residential, R-1D one-family residential, or R-1T attached residential districts. These requirements shall also apply to one-family dwellings constructed in the RM-1 and RM-2 districts.
a.
No detached accessory building shall exceed 16 feet in height except, after a public hearing, the height of the building may be increased if the planning commission determines that the topography, natural features or other land use characteristics, including the distance of the proposed building from adjacent residential structures, adequately mitigate adverse impacts upon any adjacent single-family residential use.
b.
Maximum floor areas:
(1)
Except as noted in (2) and (3) below, each detached accessory building shall have a maximum floor area not greater than 20 percent of the rear yard. Accessory buildings in the rear or side yard shall be setback from the side or rear property lines a distance of five feet. Accessory buildings in the front yard shall meet the setbacks required for the main building.
(2)
The total floor area of all accessory buildings, including those attached to the main building, shall not exceed the ground floor area of the main building plus 50 percent of the second story, provided that breezeways or enclosed porches are not counted in computing the total floor area of an accessory(s) or main building.
(3)
The floor area of accessory buildings may exceed the ground floor area of the main building plus 50 percent of the second story when the residential lot or parcel has an area of two acres or more. However, when the floor area of the accessory building exceeds the ground floor area of the main building plus 50 percent of the second story, the accessory building and use shall be subject to the approval of the planning commission after a public hearing. To ensure harmonious relationships and to minimize conflicts between adjacent uses, the commission shall consider the proposed characteristics and uses of the building in relation to existing land uses and to the future land uses as shown in the comprehensive plan. The commission may attach requirements to such accessory building and use when it deems necessary to avoid or mitigate adverse impacts on surrounding properties. This section does not apply to agricultural uses.
2.
Lakefront lots: The following applies to accessory buildings on lakefront lots in any residential district.
a.
The total floor area of all accessory buildings shall not exceed the ground floor area of the main building plus 50 percent of the second story, provided that breezeways or enclosed porches are not counted in computing the total floor area of a detached accessory(s) or main building.
b.
Not more than one detached accessory building is permitted in the rear (lake side) yard and shall not exceed 80 square feet in area and eight feet in height, measured from the average grade at the accessory building location to the highest point of the accessory building. The permitted accessory building shall be located not closer than ten feet to any side property line and three feet to the rear property line in the rear (lake side) yard.
c.
Boathouses, docks and other similar structures that are situated in whole or in part in the water are not regulated by this section.
d.
All buildings and structures, including fences, that were in existence in the rear (lake side) yard prior to January 30, 1987, shall be allowed to continue and shall be considered to be nonconforming structures and buildings.
3.
RM-1 and RM-2 districts: A detached accessory building accessory to uses permitted in these districts may be located within a required rear yard not closer than five feet to any side or rear lot line, except that community recreation or meeting facilities shall meet the setback requirements applicable to main buildings for the district. One-family dwellings shall comply with the provisions of section 42-121 B.1.
C.
Accessory uses.
1.
Accessory uses may include, but are not necessarily limited to, the following:
a.
Residential accommodations for servants and caretakers within the principal dwelling and not as a separate household.
b.
A swimming pool for the use of the occupants of a residence or their guests.
Genduct
REGISTERED
In writing, have the AHJ give you the Bldg Code Reference that REQUIRES YOU to demo an undamaged Structure.
Then find out at the State Level what department oversees the Local, Municipal Bldg Code Certs, that allows them to do the Job
I am assuming you have State Oversight.
Your Local State Rep or State Senator might be your next call because the Laws may need to be reviewed to avoid this happening to someone else
A couple of quick thoughts to "Go To The Next Level"
The Code tells you how to locate and size an accessory building,
the code did not anticipate your situation and will cause you an unnecessary financial loss
Then find out at the State Level what department oversees the Local, Municipal Bldg Code Certs, that allows them to do the Job
I am assuming you have State Oversight.
Your Local State Rep or State Senator might be your next call because the Laws may need to be reviewed to avoid this happening to someone else
A couple of quick thoughts to "Go To The Next Level"
The Code tells you how to locate and size an accessory building,
the code did not anticipate your situation and will cause you an unnecessary financial loss
We have a lots of pools. When this happens we allow a temporary power pole. It can take months just to decide the path forward. A rule in a book should not cause a property owner to destroy a perfectly usable pool in such a situation.
That might ruin the plaster.
Thank you, I will begin doing this now.
I unfortunately just learned there is no state oversight of planning and zoning in Michigan other than through a lawsuit in Michigan’s courts. I have been calling real estate and zoning lawyers for 3 weeks and can not even get a return call, not even from the attorney our real estate agent referred us to. Should I be thinking personal injury at this point?
Thank you Mark, I have been thinking this myself for weeks but having an extremely hard time getting real estate or zoning lawyers to return my calls. Could I be considering personal injury at this point? I am certain they would return my calls.
I am extremely mad that we just learned from our realtor the city cost us a $115k sale of the property. We had a serious buyer and they called the city to work out details to be able to keep the pool. The city refused to give buyer enough time to get a proper building permit (which would have to include plans) without making them destroy pool first. Buyer profusely backed out.
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Genduct
REGISTERED
Submit a drawing of a duplicate, replacement home on the same foundation with the EXISTING accessory structure NOTED FOR CLARITY
I have done this numerous times and this is the exact response I receive:
(Highlighting above is mine.) They completely ignore the fact that our pool is not getting "use", will get no use, and could not even get "use" without the main existing. They are also well aware that we simply want to sell the property with the pool and new owner would be notified of this policy.
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You have described the pool as a concrete shell with no plaster or liner. Might I suggest that you fill the concrete shell with dirt. Then there will not be a pool for the pencil-necks to get wound up over. After a sale the new owner can build a dwelling and remove the dirt.
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walker.t
SAWHORSE
From a zoning standpoint they don’t care if a use is actually being used or not, it potentially could be used.
So they tell you that you could build a new house to reestablish the primary use, but you said they won’t give the new buyer time to get a permit to build a house? Sounds a bit contradictory to me, what’s up with that?
See this thread regarding draining water from swimming pools:
concrete boat
They are in the end stage of building a house. They drained the pool and went on a two week vacation. Swimming pools float.
www.thebuildingcodeforum.com
Mr. Inspector
SAWHORSE
What if you just got a permit to build a house and then cancel it when you sell the lot?
We considered this but it would require complete building plans.
Mr. Inspector
SAWHORSE
Just get the process started. Fill out the application and give them incomplete building plans that they will need to do a plan review on and fail it. Then you can give them more plans to fail. string it out as long as possible.
This should give you more time to sell.
jar546
CBO
What do you mean by "community pool?"
steveray
SAWHORSE
I like ICE's idea....fill it with sand or dirt or mulch or something to use on the property in the future that would not be too hard to reverse if desired...
You could almost be a friend.