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(A) Regulations and standards in this chapter shall not prevent the reconstruction, repairing or rebuilding and continued use of buildings or structures damaged by fire, total collapse, explosion or act of God which requires the approval of the Community Development Department or any Board or Commission, provided that the cost of reconstruction shall not exceed 50% of the assessed valuation of the building at the time such damage occurred. Any such activity exceeding the 50% assessed valuation may be reestablished upon approval of the Zoning Board of Appeals.
(B) Any previously zoned residential properties which have been rezoned to a business zoning classification shall be allowed to be reconstructed, repaired or rebuilt and the use of the property shall be continued as a residential use in the event that the structure is damaged by fire, total collapse, explosion or other act of God to 100% of the assessed valuation of the structure at the time such damage occurred, provided all of the following conditions are complied with:
(1) A plan for the reconstruction, repair, rebuilding and/or continued use of the structure shall be submitted and approved by the Building Department;
(2) That the structure shall only be reconstructed, repaired and/or rebuilt for use as a single family residence;
(3) That the structure shall be reconstructed, repaired and/or rebuilt within six months of the time such damage to the structure occurred. The owner of the structure may petition the City Council for an extension of the six-month period provided that he or she can establish that reasonable progress has been made to reconstruct, repair and/or rebuild the structure;
(4) That a liability and fire and casualty insurance policy shall be continuously maintained for the full assessed value of the structure;
(5) That a letter or other documentation, acceptable to the city, shall be submitted to the city by the property owner’s mortgage lender indicating that any proceeds received from any loss occasioned by fire, collapse, explosion or other act of God shall be utilized to reconstruct, repair and/or rebuild the structure; and
(6) That the owner(s), lender(s) and/or insurer(s) of the structure shall comply with all other codes, ordinances and regulations of the city.
(C) Any person who shall violate any of the provisions of this section shall be guilty of a misdemeanor and upon the conviction thereof, shall be punished by a fine of not more than $500 and the costs of prosecution or by imprisonment for not more than 90 days, or both such fine and imprisonment.
(Ord. 792, passed 12-3-01; Am. Ord. 798, passed 3-3-03; Am. Ord. passed 2-20-17)
Nothing in this chapter should be interpreted or construed to give rise to any permanent vested rights in the continuation of any particular use, district, zoning classification or any permissible activities therein; and they are hereby declared to be subject to subsequent amendment, change or modification as may be necessary to the preservation or protection of public health, safety and welfare.
(Ord. 792, passed 12-3-01)
Publisher's Note: This Section has been AMENDED by new legislation (Resolution No. 04-23-059R, adopted 4-17-2023). The text of the amendment will be incorporated below when the ordinance is codified.
(A) Uses not expressly permitted are prohibited. Uses for enterprises or purposes that are contrary to federal, state or local laws or ordinances are prohibited.
(B) This prohibition shall not apply to the following:
(1) A qualifying patient engaged in the medical use of marijuana in his or her own residence in accordance with the Michigan Medical Marihuana Act.
(2) A primary caregiver assisting a qualifying patient with whom he or she is connected through the Michigan Department of Community Health’s registration process with the medical use of marijuana in accordance with the Michigan Medical Marihuana Act.
(3) A facility licensed by the city and the State of Michigan in compliance with Public Act 281 of 2016, the Medical Marihuana Facilities Licensing Act, as amended.
(Ord. 852, passed 3-16-15; Am. Ord. passed 2-20-17)
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