• Section 11.04 Nonconforming Structures .

   Where a lawful structure exists upon the effective date of the adoption or amendment of this Zoning Ordinance that could not be built under this Zoning Ordinance because 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 shall be enlarged or altered in a way that increases its nonconformity, but such structures may be enlarged or altered in a way that does not increase its nonconformity. An alternation or enlargement of a structure that would not increase the nonconformity could include adding a bay window or other architectural features (i.e. dormer), providing it does not increase the floor area of the use, and changing exterior facade treatments. Consideration of other such changes shall be within the purview of the Zoning Administrator in coordination with the Building Official. However, an unenclosed porch or portico may be added to a legally nonconforming structure of greater than fifty (50) years in accordance with the provisions of Section 4.05(d).

   (b)   Should such structure be destroyed, by any means, the same may be reconstructed within one (1) year from the date of destruction, without regard to conformity with this Zoning Ordinance, so long as the same type and style of structure are rebuilt in the same location and area of the destroyed structure.

   (c)   Should such structure be moved for any reason for any distance, it shall thereafter conform to the regulations of the district in which it is located after it is moved.

• Section 11.05 Nonconforming Uses of Structures and Land.

   If a lawful use of a structure, or of a structure and land in combination, exists upon the effective date of the adoption or amendment of this Zoning Ordinance that would not be permitted in the district under this Zoning Ordinance, 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 Ordinance 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)   A nonconforming use may be extended throughout any part of a building that was manifestly arranged or designed for such use and which existed at the time of the adoption or amendment of this Zoning Ordinance, but no such use shall be extended to occupy any land outside such building.

   (c)   If no structural alterations are made, a nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use, provided that the Board of Zoning Appeals, either by general rule or by making findings in the specific case, finds that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the Board may require appropriate conditions and safeguards in accordance with the purpose and intent of this Zoning Ordinance. Where a nonconforming use of a structure, land, or structure and land in combination, is hereafter changed to a more conforming use, it shall thereafter be changed to a less conforming use.

   (d)   A structure, or a structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations of the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

   (e)   Except as to those matters set forth in subsection (g) hereof, a nonconforming use of a structure, or a structure and land in combination, which is discontinued or ceases to exist for six (6) consecutive months, shall thereafter be used in conformity with the regulations of the district in which it is located. Structures occupied by seasonal uses shall be exempted from this provision.

   (f)   Except as to those matters set forth in subsection (g) hereof, where nonconforming use status applies to a structure and land in combination, removal of the structure shall eliminate the nonconforming status of the land.

   (g)   If an existing structure is destroyed by any means, said existing structure may be reconstructed within one (1) year from the date of destruction without regard to conformity with this Zoning Ordinance, so long as the prior use of such structure is continued, or a conforming use is established.

• Section 11.06 Repairs and Maintenance.

   (a)   For a building devoted in whole or in part to a nonconforming use, work may be done in any period of twelve (12) consecutive months to complete ordinary repairs, or on the repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding fifty (50) percent of the assessed value of the building, provided that the cubic content of the building, as it existed at the time of passage or amendment of this Zoning Ordinance, is not increased.

   (b)   Nothing in this Zoning Ordinance shall be deemed to prevent the strengthening or restoring to a safe condition, a building, or part thereof, declared to be unsafe by an official charged with protecting the public safety, upon the order of such official.

• Section 11.07 Uses Allowed As Special Land Uses , Not Nonconforming Uses .

   Any use for which a special land use is required, as provided in this Zoning Ordinance, shall not be deemed a nonconforming use but shall, without further action, be deemed a conforming use in such district.

• Section 11.08 Change of Tenancy or Ownership.

   There may be a change of tenancy, ownership or management of existing nonconforming uses of land, structures and premises, provided that there is no change in the nature or character of such nonconforming use.

ARTICLE 12 BOARD OF ZONING APPEALS

• Section 12.01 Authority.

   There is hereby established a Board of Zoning Appeals, the membership, powers, duties of which are prescribed in Act 110 of the Public Acts of the State of Michigan of 2006, as amended. The Board of Zoning Appeals, in addition to the general powers and duties conferred upon it by said Act, in specific cases and subject to appropriate conditions and safeguards, shall interpret and determine the application of the regulations established under this Zoning Ordinance in harmony with their purpose and intent as hereinafter set forth.

• Section 12.02 Membership.

   (a)   The City Council shall appoint a Board of Zoning Appeals consisting of seven (7) members. Two (2) members shall be appointed for a three (3) year term, two (2) members shall be appointed for a two (2) year term, three (3) members shall be appointed for a one (1) year term, each being a resident at-large of the City of Howell for a period of no less than one (1) year prior. After the initial appointment, each member shall hold office for a period of three (3) years or until a successor is appointed. Members may be removed at the pleasure of the City Council. Any vacancy in the Board shall be filled by the City Council for the remainder of the unexpired term. The Board shall annually elect its own Chair, Vice-Chair and Secretary. Compensation of the members of the Board may be fixed by the Council.

   (b)   In addition to the appointment of the seven (7) regular members of the Board by Council, up to two (2) alternate members may also be appointed for the same term as regular members of the Board of Zoning Appeals. The alternate members may be called on a rotating basis to sit as regular members of the Board of Zoning Appeals 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 reasons of conflict of interest. The alternate member having been appointed shall serve on the case until a final decision has been made. The alternate member shall have the same voting rights as a regular member of the Board of Zoning Appeals.