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Any lawful nonconforming use may be continued, subject to the following provisions:
(A) Expansion. A nonconforming use shall not be expanded, enlarged, extended or increased, so as to occupy a greater area of land or more floor area within a structure than was occupied by the use on the effective date of this chapter or its amendment.
(B) Relocation. A nonconforming use shall not be moved, in whole or in part, to any other structure, or to any other portion of the lot or site upon which it was located on the effective date of this chapter or its amendment.
(C) Discontinuance. If a nonconforming use is discontinued, it shall not thereafter be reestablished, and any subsequent use of the land shall comply with the allowable uses in the district in which it is located. A nonconforming use shall be considered discontinued if the customary use ceases for any reason for a period of 12 months or more.
(D) Change of use. A nonconforming use shall not be changed to any other use except to a use permitted in the district in which the subject property is located.
(E) Accessory structures. New accessory structures associated with a nonconforming use shall be reviewed and approved by the Planning Commission at a regular public meeting.
(Ord. 37, passed 8-28-2005) Penalty, see § 152.999
Any lawful nonconforming structure may be continued subject to the following provisions:
(A) Alteration. A nonconforming structure may not be enlarged or altered in any way that increases its nonconformity, except porches, decks, patios, fire escapes and similar minor appurtenances may be attached to existing structures.
(B) Relocation. If a nonconforming structure is moved, in whole or in part, any distance for any reason it shall thereafter conform to the regulations of the district in which it is located after it is moved.
(C) Maintenance. Nothing in this chapter shall prohibit the repair or routine maintenance of a lawful nonconforming structure to correct deterioration, obsolescence, depreciation and/or wear.
(D) Replacement. A nonconforming structure that has been partially destroyed may be rebuilt provided:
(1) The building footprint and height of the replacement structure do not increase the level of nonconformity;
(2) The cost of restoration does not exceed the state equalized value of the structure at the time of damage; and
(3) The reconstruction is completed within one year of the time of damage.
(E) Signs. Every permanent sign that lawfully existed at the time of the enactment of this chapter, but which does not conform to a height, size, area, location or other requirement of this chapter, is hereby deemed to be legally nonconforming. This status shall not be granted to any temporary sign.
(1) Nonconforming signs may not be altered, enlarged or replaced; however, nonconforming signs may be reduced in size and/or maintained and repaired so as to continue the useful life of the sign.
(2) The copy of the sign may not be amended or changed, unless specifically designed to be changed periodically as in reader board signs, without bringing the use into compliance with the requirements of this chapter.
(3) Any nonconforming sign destroyed by fire or other casualty loss shall not be restored or rebuilt.
(4) Any sign advertising a business that is no longer conducted for a period of one year or more shall be removed by the owner of the building, structure or lot upon which the sign is located within 30 days of receipt of written notice by the Zoning Administrator.
(5) A sign accessory to a nonconforming use may be erected in the village in accordance with the current sign requirements of §§ 152.300 et seq.
(Ord. 37, passed 8-28-2005)
In order to eliminate nonconforming uses and nonconforming structures that constitute a nuisance or are detrimental to the public health, safety and/or welfare, the village may acquire private property by purchase, condemnation or otherwise for the purpose of discontinuing the use and/or removing the structure.
(Ord. 37, passed 8-28-2005)
(A) Nothing in this subchapter shall prohibit the completion of construction and use of a nonconforming structure for which, prior to the effective date of adoption or amendment of this chapter, a building permit was obtained and actual construction was lawfully commenced on the site. Further, actual construction must have commenced within three months after the issuance of the permit and must thereafter be diligently carried on to completion according to the approved plans, without any period of suspension or abandonment of work in excess of three months, and the entire structure shall have been completed according to the approved plans within two years after the issuance of the building permit.
(B) For the purposes of this section, the commencement of actual construction means work of a substantial nature by way of site preparation. The actual use must be apparent and manifested by a tangible change in the land, as opposed to merely intended or contemplated work by the property owner. In this regard, preliminary operations, such as the ordering of plans, surveying, grading, clearing of trees and debris and the removal of old structures are insufficient. The test in each case is not how much money may have been spent in reliance upon prior zoning regulations but, whether there has been any tangible change in the land itself by excavation and construction, such as placing of construction materials in permanent position and fastened in a permanent manner.
(Ord. 37, passed 8-28-2005)
ZONING BOARD OF APPEALS
There is hereby established a Zoning Board of Appeals, the membership, powers and duties of which are prescribed in Act 110 of the Public Acts of 2006, being M.C.L.A. §§ 125.3101 et seq., as amended. The Board shall have the power to interpret, vary and determine the application of the Zoning Ordinance so that the purposes and intent of the chapter are met and substantial justice is maintained.
(Ord. 37, passed 8-28-2005)
(A) The Village Council shall act as the Zoning Board of Appeals in accordance with the Michigan Zoning Enabling Act, Public Act 110 of 2006, as amended (M.C.L.A. §§ 125.3101 et seq.).
(B) The Village President shall serve as the Chairperson of the Zoning Board of Appeals and the President Pro Tem shall serve as the Zoning Board of Appeal’s Vice-Chairperson.
(Ord. 37, passed 8-28-2005; Ord. 87 ZBA, passed 3-23-2009)
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