Law allows damaged homes to be rebuilt despite changed zoning

Counties, cities, and townships must issue building permits to owners who meet the rebuilding requirements. The law covers residential buildings in residential zoning districts in counties, cities, and townships. A building must have been legal before a local ordinance change made it fail zoning rules. The lot must border a public right of way, such as a public street. The replacement must stay within the damaged building's footprint, floor area, height, and number of stories. It cannot reduce off-street parking. Work must meet building, fire, and local health rules, avoid public safety risks, and stay off neighboring property and public rights of way. Local zoning officials may adopt less restrictive rules, but the floodplain requirements still apply. Owners must apply for a building permit within six months of the damage and begin restoration within one year of the damage.

Local zoning officials decide whether expansions meet the rules. Moving a covered building must bring it into full zoning compliance. These limits apply to formerly legal residential buildings covered by the rebuilding provisions in counties, cities, and townships. An expansion must meet applicable zoning rules and state laws and rules. Local zoning officials may adopt less restrictive rules for expansion and relocation.

Local zoning officials must enforce floodplain protections when regulating work on buildings and property uses that do not meet current zoning rules. These requirements cover repairs, rebuilding, expansion, and other listed work on buildings and property uses that fail current zoning rules in floodplain areas. Work must preserve eligibility for the national flood insurance program and meet all applicable local floodplain rules. Work cannot increase potential flood damage or further obstruct water in the floodway, the area that carries flood flows.