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   (d)   A structure, or a structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations of the district in which such structure is located, and the nonconforming use may not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

• Section 12.03 Meetings.

   (a)   All decisions of the Board of Zoning Appeals shall be made at a meeting open to the public. All deliberations of the Board constituting a quorum of its members shall take place at a meeting open to the public, except as provided in compliance with the Open Meetings Act, Act 267 of the Public Acts of 1976, as amended.

   (b)   A majority of the members of the Board shall constitute a quorum for purposes of transacting the business of the Board and the Open Meetings Act, Act 267 of the Public Acts of 1976, as amended. Each member of the Board shall have one (1) vote.

   (c)   Regular meetings of the Board shall be called as needed in response to receipt of a Notice of Appeal, so long as the meeting is scheduled within a reasonable time frame following the Notice of Appeal. The meeting can be called by the Zoning Administrator, the Chair of the Board of Zoning Appeals, or, in his or her absence, the Vice-Chair. Public notice of the date, time, and place of a public meeting of the Board shall be given in the manner required by Act 267 of the Public Acts of 1976, as amended.

   (d)   The business of the Board of Zoning Appeals shall be conducted in accordance with its adopted by-laws.

   (e)   The Chair, or in his or her absence, the Vice-Chair, may administer oaths and compel the attendance of witnesses.

• Section 12.04 Powers and Duties.

   (a)   General. The Board has the power to act on matters as provided in this article and Act 267 of the Public Acts of 1921, as amended. The specific powers of the Board are enumerated in the following subsections.

   (b)   Voting. The concurring vote of a majority of the members of the Board shall be necessary to reverse an order, requirement, decision, or determination of an administrative official or body, or to decide in favor of the applicant on a matter upon which the Board is required to pass under this Ordinance, or to effect a variation in an ordinance, except that a concurring vote of two-thirds (2/3) of the members of the Board shall be necessary to grant a variance from uses of land permitted in this Ordinance.

   A member shall be disqualified from a vote in which there is a conflict of interest. Failure of a member to disclose a conflict of interest and be disqualified from a vote shall constitute misconduct in office. Additionally, a BZA member who also sits on the Planning Commission is prohibited from participating in a public hearing or voting on the same matter that they voted on with the other body.

   (c)   Administrative Review. The Board shall hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, permit decision, or refusal made by the Zoning Administrator or other duly authorized enforcing agent in enforcing any provision of this Zoning Ordinance.

   (d)   Interpretation.

      (1)   The Board shall hear and decide requests for interpretation of this Zoning Ordinance or the zoning map, taking into consideration the intent and purpose of this Zoning Ordinance and the Master Plan.

      (2)   A record shall be kept by the Board of all decisions for interpretation of this Zoning Ordinance or the zoning map and land uses which are approved under the terms of this Zoning Ordinance. The Board shall request the Planning Commission to review any ordinance amendment it deems necessary.

   (e)   Variance. Upon an appeal, the Board is authorized to grant a variance from the strict provisions of this Zoning Ordinance, whereby extraordinary or exceptional conditions exist for with the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to, or exceptional undue hardship upon, the owner of such property, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this Zoning Ordinance. In granting a variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed uses as it may deem reasonable in furtherance of the purpose of this Zoning Ordinance. Further, in granting a variance, the Board shall state the grounds upon which it justifies the granting of a variance as outlined below. When granting any variance, the Board must ensure that the spirit of this Zoning Ordinance is observed, public safety secured, and substantial justice done.

      (1)   Use Variances. The applicant must present evidence to show that if the Zoning Ordinance is applied strictly, unnecessary hardship to the applicant will result, and that all four (4) of the following requirements are met:

         A.   That the property could not be reasonably used for the purposes permitted in that zoning district;

         B.   That the appeal results from unique circumstances peculiar to the property and not from general neighborhood conditions;

         C.   That the use requested by the variance would not alter the essential character of the area; and

         D.   That the alleged hardship has not been created by any person presently having an interest in the property.

      (2)   Non Use Variances. The applicant must present evidence to show that if the Zoning Ordinance is applied strictly, practical difficulties will result to the applicant, including all four (4) of the following:

         A.   The restrictions of this Zoning Ordinance unreasonably prevent the owner from using the property for a permitted purpose or would render conformity unnecessarily burdensome;

         B.   The variance would do substantial justice to the applicant as well as to other property owners in the district and a lesser relaxation than that requested would not give substantial relief to the owner of the property and be more consistent with justice to other property owners;

         C.   The plight of the landowner is due to the unique circumstances of the property.

         D.   The alleged hardship has not been created by any person presently having an interest in the property.