The following regulations shall apply to all nonconforming uses, structures, and lots.
(A) Continuation of nonconforming uses and structures. Any lawful nonconforming use established on or before the effective date of this chapter or amendment thereto may be continued and shall not be considered to be in violation of this chapter, provided that, unless otherwise noted in this subchapter, the building and land involved shall neither be structurally altered, nor enlarged unless the modifications conform to the provisions of this chapter for the district in which it is located. Nothing in this chapter shall he deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by an official charged with protecting the public safety, upon order of that official.
(B) Buildings under construction. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in 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 chapter, and upon which actual building construction has been diligently carried on. ACTUAL CONSTRUCTION is defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has begun preparatory to rebuilding, the work shall be deemed to be actual construction, provided that the work shall be diligently carried on until completion of the building involved.
(C) Discontinuation of nonconforming uses and structures.
(1) Nonconforming structure. When a nonconforming use of a structure, or structure and land in combination, is discontinued or abandoned for six consecutive months, or discontinued for any period of time without a present intention to reinstate the nonconforming use, the structure or structure and land in combination shall not thereafter be used except in conformance with the provisions of the district in which it is located.
(2) Nonconforming uses of open land. If any nonconforming use of open land ceases for any reason for a period of more than 180 days, any subsequent use of the land shall conform to the provisions of the district in which it is located.
(3) Seasonal uses. In applying this division to seasonal uses, the time during the off-season shall not be counted.
(D) Purchase or condemnation. In order to accomplish the elimination of nonconforming uses and structures which constitute a nuisance or are detrimental to the public health, safety and welfare, the city, pursuant to § 3a, Public Act 207 of 1921, being M.C.L.A. §§ 125.581 - 125.590, as amended, may acquire by purchase, condemnation or otherwise, private property for the purpose of removal of nonconforming uses or structures. Where acquisition is contemplated, the procedures set forth in § 154.054 shall be followed.
(E) Recording of nonconforming uses and structures. The Building Official shall be responsible for maintaining records of nonconforming uses and structures as accurate as is feasible, and for determining legal nonconforming uses and structures in existence on the effective date of this chapter. Failure on the part of a property owner to provide the Building Official with necessary information to determine legal nonconforming status may result in denial of required or requested permits
(F) Establishment of a conforming use or structure. In the event that a nonconforming principal use or structure is superseded by a conforming principal use or structure on a site, the nonconforming use or structure shall be immediately and permanently removed.
(G) Change of tenancy or ownership. In the event there is a change in tenancy, ownership, or management, an existing nonconforming use or structure shall be allowed to continue, provided there is no change in the nature or character of the nonconformity.
(H) Exceptions and variances. Any use for which a special exception or variance has been granted as provided in this chapter shall not be deemed a nonconformity.
(I) Unlawful nonconformities. No nonconformity shall be permitted to continue in existence if it was unlawful at the time it was established.
(J) Substitution. A nonconforming use may be changed to another nonconforming use upon approval of the Zoning Board of Appeals, provided that no structural alterations are required to accommodate the new nonconforming use, and that the proposed use is equally or more appropriate in the district than the existing nonconformity. In permitting such a change, the Zoning Board of Appeals may require conditions to accomplish the purposes of this chapter.
(K) Change of location. Should a nonconforming structure be moved to another parcel or to another location on the same parcel for any reason whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(Ord. 92-005, passed 2-17-92) Penalty, see § 154.999