(a) Intent.
(1) It is the intent of this Zoning Code to permit existing, legal nonconforming lots, structures, and uses to continue until they are removed, but not to encourage their survival.
(2) It is recognized that there exists, within the districts established by this Zoning Code and subsequent amendments thereto, lots, structures, and uses of land and structures which were lawful before this Zoning Code was passed or amended which would be prohibited, regulated, or restricted under the terms of this Zoning Code or future amendments.
(3) Such uses are declared by this Zoning Code to be incompatible with permitted uses in the districts involved. It is further the intent of this Zoning Code that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(4) A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this Zoning Code by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.
(5) To avoid undue hardship, nothing in this Zoning Code shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Zoning Code and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.
(6) Any nonconforming use which has ceased its usual conduct of business for a period of one (1) year or more shall be considered to have been terminated and may not thereafter commence operations.
(7) The use or occupancy of a nonconforming structure, which was a lawful structure at the time of the effective date of this Zoning Code, may be continued, provided that no enlargement, change or alteration shall be permitted upon such nonconforming structure, except upon a finding by the Building Official that such enlargement, change or alteration will bring such structure into conformity with this Zoning Code, and that the use within such structure is in conformity with the requirements of this Zoning Code; and provided, further, that no enlargement, change or alteration of a nonconforming structure housing a nonconforming use shall be permitted, except upon a finding by the Board of Zoning Appeals that such enlargement, change or alteration will permit greater compliance with the provisions of this Zoning Code and that adequate provisions, as required by the Board of Zoning Appeals, are installed or instituted to minimize the detrimental effects of the nonconforming use upon adjoining conforming uses.
(b) Nonconforming Lots. In any single-family district, notwithstanding limitations imposed by other provisions of this Zoning Code, a single-family dwelling and customary accessory buildings may be erected on any single lot of record which is under separate and distinct ownership from adjacent lots at the effective date of adoption or amendment of this Zoning Code. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width or both, of the lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through approval of the Board of Zoning Appeals.
(c) Nonconforming Uses of Land. Where, at the effective date of adoption or amendment of this Zoning Code, lawful use of land exists that is made no longer permissible under the terms of this Zoning Code as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:
(1) Enlargement or extension. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Zoning Code.
(2) Relocation. No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this Zoning Code.
(3) Cessation of use. If such nonconforming use of land ceases for any reason for a period of more than thirty (30) days, any subsequent use of such land shall conform to the regulations specified by this Zoning Code for the district in which such land is located.
(4) Nonconforming structures generally. Where a lawful structure exists at the effective date of adoption or amendment of this Zoning Code that could not be built under the terms of this Zoning Code by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. No such structure may be enlarged or altered in a way which increases its nonconformity. However, existing residences on lots of a width less than required herein may add a rear porch, provided that other requirements relative to the yard space and land coverage are met with the approval of the Board of Zoning Appeals.
B. Should such structure be destroyed by any means to an extent of more than fifty (50) percent of its replacement cost, exclusive of the foundation at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Zoning Code.
C. Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is removed.
(5) Nonconforming uses of structures and land. If a lawful use of a structure, or of a structure and land in combination, exists at the effective date of adoption or amendment of this Zoning Code, that would not be allowed in the district under the terms of this Zoning Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
A. No existing structure devoted to a use not permitted by this Zoning Code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located.
B. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this Zoning Code, but no such use shall be extended to occupy any land outside such building.
C. If no structural alterations are made, any nonconforming use of a structure, or structure and land in combination, may be changed to another nonconforming use of the same or more restricted classification provided that the Board of Zoning Appeals, either by general rule or by making findings in a specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board of Zoning Appeals may require conditions and safeguards in accordance with the purpose and intent of this Zoning Code. Where a nonconforming use of a structure, land, or structure and land in combination, is hereafter changed to a more conforming use, it shall not thereafter be changed to a less conforming use.
D. Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.
E. When a nonconforming use of a structure, or a structure and premises in combination, is discontinued or ceases to exist for twelve (12) consecutive months or eighteen (18) months during any three (3)-year period, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located. Structures occupied by seasonal uses (one season out of each year) shall be excepted from this provision.
F. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.
(6) Repairs and maintenance.
A. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding sixty-five (65) percent of the assessed value of the building as determined by the most recent City record of assessment, provided that the cubic content of the building as it existed at the time of passage or amendment of this Zoning Code shall not be increased.
B. Nothing in this Zoning Code shall be deemed to prevent the strengthening or restoring or repair of normal wear and tear to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.
(7) Conditional use interpretation. Any conditional use as provided for in this Zoning Code shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use in such district.
(8) Change of tenancy or ownership. There may be a change of tenancy, ownership, or management of any existing nonconforming uses of land, structures, and premises, provided that there is no change in the nature or character of such nonconforming uses.
(9) Acquisition. The City Council may acquire, by purchase, condemnation, or otherwise, private property or an interest in private property for the removal of nonconforming uses. The cost and expense, or a portion thereof, of acquiring the private property may be paid from general funds or assessed to a special district in accordance with the applicable statutory provisions relating to the creation and operation of special assessment districts for public improvements in cities. The elimination of the nonconforming uses and structures in a zoning district is declared to be for a public purpose and for a public use. The City Council may institute and prosecute proceedings for condemnation of nonconforming uses and structures under the power of eminent domain in accordance with Act 149 of the Public Acts of 1911, as amended, being Sections 213.21 to 213.41 of the Michigan Compiled Laws or other applicable statute.
(Res. 24-95. Passed 2-13-95.)