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No nonconforming use of any land or structure shall hereafter be enlarged or extended. No nonconforming building or structure shall be moved in whole or in part to another location unless that building or structure and the off-street parking spaces, yard, and other open spaces provided are made to conform to all the regulations of the district in which the building or structure is to be located.
(A) The Planning Commission may from time to time recommend to the City Council the acquisition of such private property as does not conform in use or structure to the regulations and restrictions of the various districts defined in this ordinance, and the removal of that use or structure. The Planning Commission shall submit its reasons and estimates of cost and expenses of the acquisition and removal of the nonconformity and probable resale price of the property to be acquired after removal of the nonconformity as obtained from the appropriate city department, board, or commission. The Planning Commission shall recommend that portion of the difference between the estimated cost of acquisition and removal of the nonconformity and the probable resale price which in its opinion should be assessed against a benefitted district.
(B) Whenever the City Council has under advertisement the acquisition by purchase, condemnation, or otherwise as provided by law of any nonconforming building, structure, or use, a preliminary public hearing thereon shall be held before the City Council. Not less than 15 days before the hearing, a notice of time, place, and purpose of the public hearing shall be published in a paper circulating in the city and the City Clerk shall send by mail addressed to the respective owners of any such properties at the addresses given in the last assessment roll, a written notice of time, place, and purpose of the hearing. If the cost and expense or any portion thereof is to be assessed to a special district, the City Assessor shall be directed to furnish the City Council with a tentative special assessment district and the tentative plan of assessment, the names of the respective owners of the property in that district, and addresses of those owners in the last assessment roll. The City Clerk shall also send the notice to the respective owners in the tentative assessment district.
(C) Whenever the City Council, after a public hearing as required in the preceding section, shall declare by resolution that proceedings be instituted for the acquisition of any property on which is located a nonconforming building, structure, or use in accordance with the laws of the state, the City Charter, this ordinance, and other applicable ordinances of the city, the City Clerk shall send by registered mail a certified copy of the resolution to the respective owners of the properties and to the owners of the properties in any special assessment district, at the address given in the last assessment roll.
(D) Upon the passing of title to the private property so acquired as provided in the preceding section to the city, the City Council shall cause the discontinuance or removal of the nonconforming use or the removal, demolition, or remodeling of the nonconforming structure. The City Council shall thereafter order the property sold or otherwise disposed of, but only for a conforming use. The City Council shall confirm the cost and expense of the project and report any assessable cost to the City Assessor, who shall then prepare an assessment roll in the manner provided for in the City Charter, this code, and other applicable ordinance of the city. Such an assessment roll may, in the discretion of the City Council, be in 1 or more but not to exceed 10 annual installments.
(A) At any time after the adoption of this ordinance, should the city become aware of a nonconforming use, the owner of the nonconforming use shall be notified by the City Clerk of the provisions of this section, and that his or her property constitutes a nonconforming use. Within 30 days after receipt of the notice, the owner shall apply for and be issued a certificate of occupancy for the nonconforming use. The application for this certificate shall designate the location, nature, and extent of the nonconforming use, and other details as may be necessary for the issuance of the certificate of occupancy. If the owner of a nonconforming use fails to apply for a certificate of occupancy within 30 days after receipt of the foregoing notice, the use ceases to be nonconforming and is hereby declared to be in violation of this ordinance. The City Clerk and the City Attorney shall take appropriate action to enjoin the violation.
(B) If the Zoning Administrator shall find, upon reviewing the application for a certificate of occupancy, that the existing use is illegal or in violation of any other ordinance or law, or if he or she finds that the building for which the certificate is requested has been constructed or altered for the existing use or any other use without full compliance with the Building Code or the zoning ordinance in effect at the time of construction or alteration, he or she shall not issue the certificate of occupancy but shall declare the use to be in violation of this ordinance.
(C) After the adoption of this ordinance, or any amendments thereto, the Zoning Administrator shall prepare a record of all known nonconforming uses and occupations of lands, buildings, and structures, including tents and trailer coaches, existing at the time of the ordinance or amendment. This record shall contain the names and addresses of the owners of record of the nonconforming use and of any occupant, other than the owner, the legal description of the land, and the nature and extent of use. The list shall be available at all times in the office of the City Clerk.
(A) It is the intent of this section to recognize that the eventual elimination, as expeditiously as it is reasonable, of existing signs that are not in conformity with the provisions of this ordinance, is as much a subject of health, safety, and welfare as is the prohibition of new signs that would violate the provisions of this ordinance. It is also the intent of this section that any elimination of nonconforming signs shall be effected so as to avoid any unreasonable invasion of established private property rights.
(B) Any sign, billboard, commercial advertising structure, or similar object which lawfully existed and was maintained at the time this ordinance became effective may be continued although the use does not conform with the provisions of this ordinance, provided that it shall not be:
(1) Changed to another nonconforming sign;
(2) Structurally altered as to prolong the life of the sign;
(3) Expanded;
(4) Reestablished after its discontinuance for 90 days; or
(5) Reestablished after damage or destruction if the estimated expanse of reconstruction exceeds 50% of the appraised replacement cost.
In any case where plans and specifications for a building or structure have been filed, which would conform with the zoning regulations effective at the date of the filing but not with the regulations of this ordinance, and where a building permit for the building or structure has been issued and construction work started at the effective date of this ordinance, the work may proceed, provided it is completed within 1 year of that date.
BOARD OF ZONING APPEALS
(A) There is hereby established a Board of Zoning Appeals, which shall perform its duties and exercise its powers as provided in Public Act 207 of 1921, as amended, being M.C.L.A. §§ 125.581 - 125.590, in such a way that the objectives of this ordinance shall be observed, public safety secured, and substantial justice done. The Board of Zoning Appeals shall consist of not less than 5 members appointed by the City Council. Appointments for the first year respectively, so as nearly as may be possible to provide.
(B) Thereafter each member shall be appointed and hold office for the full 3-year term. The first member shall be the chairperson of the Planning Commission, the second member shall be a member of the City Council appointed by the City Council, and the remaining members shall be appointed by the City Council.
(C) The City Council may appoint not more than 2 alternate members to the Board of Zoning Appeals for 3-year terms. The alternate members so appointed shall be called on a rotating basis to sit as regular members of the Board in the absence of a regular member. An alternate member may also be called to serve in the place of a regular member for the purpose of reaching a decision on a case in which the regular member has abstained for reason of conflict of interest. The alternate member shall serve in any case before the Board through its conclusion and until a final decision or resolution has been made on that case. The alternate member shall have the same voting rights as a regular member of the Board of Zoning Appeals.
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