In accordance with, P.A.110 of 2006, as amended, the Michigan Zoning Enabling Act, the Village Council may from time to time, acquire properties on which nonconforming uses or structures are located, by condemnation or otherwise, and may remove such uses or develop the property for a public use. The net cost of such acquisition may be made a special assessment against a benefit district or may be paid from other sources of revenue legally available to the village.
Table 10 - Nonconforming Situations and Actions
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Type | If Discontinued for 6 Months | If Damaged More Than SEV | If Damaged Less Than SEV | Change in Use (including new building) | Remodeling, Maintenance, Code Work |
Table 10 - Nonconforming Situations and Actions
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Type | If Discontinued for 6 Months | If Damaged More Than SEV | If Damaged Less Than SEV | Change in Use (including new building) | Remodeling, Maintenance, Code Work |
Illegal nonconformin g parcel | NA | NA | NA | Not permitted unless use is conforming | Property must be kept in safe condition |
Illegal nonconformin g use of land | May not be resumed | NA | NA | Not permitted unless use becomes conforming | Property must be kept in safe condition |
Illegal nonconformin g use of building or structure | May not be resumed | Use must stop and may not be resumed | May repair but must reduce degree of nonconforman ce | Not permitted unless use becomes conforming | Permitted so long as use is not expanded |
Illegal nonconformin g dimensions or setback of building or structure | NA | Building must be rebuilt to fully comply with applicable district regulations | May repair but must reduce degree of nonconforman ce | New use and new building must adhere to ALL district regulations | Permitted, but may not create any greater degree of nonconforman ce |
Legal nonconformin g parcel | NA | NA | NA | Permitted, but requires a variance | Property must be kept in safe condition |
Legal nonconformin g use of land | May not be resumed | NA | NA | Permitted, but must reduce degree of nonconforman ce | Property must be kept in safe condition |
Legal nonconformin g use of building or structure | May not be resumed | May rebuild if all plans meet all OTHER district regulations | May repair to pre-damage status | Permitted, but must produce degree of nonconforman ce | Permitted so long as use is not expanded |
Legal nonconformin g dimensions or setback of building or structure | NA | May rebuild but must reduce degree of nonconforman ce | May repair to pre-damage status | Permitted, but requires a variance | Permitted, but may not create any greater degree of nonconformance |
(Ord. passed 11-16-2020)