(A) Intent and purpose. It is the intent of this chapter to permit the continuance of a lawful use of any building or land existing at the effective date of this chapter, although the use of land or structures may not conform with the provisions of this chapter. It is also recognized that the uses are incompatible with permitted uses in the districts involved and it is the purpose of this chapter not to encourage the survival of these nonconforming uses and structures. Further, it is the intent of this chapter that nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same districts. The continuance of all nonconforming uses and structures within the village shall be subject to the conditions and requirements set forth in this section.
(B) Structural changes or enlargement. The building or land use that is nonconforming shall not be structurally changed, altered, or enlarged unless the resultant changed, altered, or enlarged building or use conforms to the provisions of this chapter for the district in which it is located. A basement, cellar, garage, or any incompletely constructed structure in use as a dwelling on the effective date of this chapter may be used as a dwelling following the date, however, owners are encouraged to bring the structures to a state of completion in conformance with the regulations of this chapter relative to dwellings in the district in which the structure is located. If a change of ownership occurs, the structure shall be deemed a nonconforming use and shall be immediately discontinued. If a vacancy in such a structure occurs, the provisions of division (E) of this section shall apply.
(C) Repair of nonconforming buildings. Nothing in this chapter shall prohibit the repair, improvement, or modernizing of a lawful nonconforming building to correct deterioration, obsolescence, depreciation, and wear, provided that the repair does not exceed an aggregate cost of 30% of the assessed value of the building, unless the subject building is changed by the repair to a conforming use.
(D) Reconstruction and restoration. Any lawful nonconforming use damaged by fire, explosion, an act of God, or by other causes, may be restored, rebuilt, or repaired, provided that the restoration does not exceed 50% of its assessed value, exclusive of foundations.
(E) Discontinuance or abandonment. Whenever a nonconforming use has been discontinued for six consecutive months, or for 18 months during any three-year period, the discontinuance shall be considered conclusive evidence of an intention to abandonment. The nonconforming use shall not be reestablished, and any future use shall be in conformity with the provisions of this chapter.
(F) Changing uses. If no structural alterations are made, the Zoning Board of Appeals may authorize a change from one nonconforming use to another nonconforming use, provided the proposed use would be more suitable to the zoning district in which it is located than the nonconforming use which is being replaced. Whenever a nonconforming use has been changed to a more nearly conforming use or to a conforming use, the use shall not revert or be changed back to a nonconforming or less conforming use.
(G) Prior construction approval. Nothing in this chapter shall prohibit the completion of construction and use of a nonconforming building for which a building permit has been issued prior to the effective date of this chapter, provided that construction is commenced within 90 days after the date of issuance of the permit and that the entire building shall have been completed according to plans filed with the permit application within one year after the issuance of the building permit.
(H) Termination of nonconforming land uses. The nonconforming uses of land existing at the effective date of this chapter where no building is located may be continued, provided that the nonconforming land use shall be terminated and converted to conform with the provisions of this chapter within three years after the effective date of this chapter, and provided further, that the nonconforming land use shall not in any way be expanded or extended during this three-year interval, either on the same property or adjoining property.
(I) Illegal nonconforming uses. Nonconforming uses of buildings or land existing at the effective date of this chapter established without a building permit, or those nonconforming uses which cannot be proved conclusively as existing prior to the effective date of this chapter shall be declared illegal, nonconforming uses and shall be discontinued within a period of three years following the effective date of this chapter, subject to the review and approval of the Zoning Administrator.
(J) District changes. Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of another classification, the provisions of this section shall also apply to any existing uses that become nonconforming as a result of the boundary changes.
(K) Elimination of nonconforming uses. In accordance with Michigan Zoning Enabling Act, Public Act 110 of 2006, being M.C.L.A. 125.3101 through 125.3702, as amended, the Village Council may acquire properties on which nonconforming buildings or uses are located, by condemnation or other means, and may remove the uses or may be used by the village for a public use. The net cost of the acquisition may be assessed against a benefit district, or may be paid from other sources of revenue.
(Ord. 146, passed 3-2-1998; Ord. 230, passed 12-9-2014; Ord., passed 8-10-2021) Penalty, see § 153.999