It is the intent of this article to permit legal nonconforming lots, structures, or uses to continue until they are removed.

(1)

It is recognized that there exists within the districts established by this chapter uses which were lawful before this chapter was passed or amended which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments. Such uses are declared by this article to be incompatible permitted uses in the districts involved. It is further the intent of this article that nonconformities shall not be enlarged upon, expanded, or extended, or be used as grounds for adding other structures or uses prohibited elsewhere in the same district, except as provided for herein.

(2)

Nothing in this article 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 the ordinance from which this chapter is derived, 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 the plans filed with the application for permit within one year after the date of issuance of the building permit.

(Ord. No. 691, § 1(32-74), 5-4-2005)

(a)

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. This provision shall apply even though such lot fails to meet the requirements for area, width, or both, that are generally applicable in the district, provided that yard dimensions and other requirements not involving area, width, or both, of the lots shall conform to the regulations for the district in which such lot is located. Variance to yard requirements may be obtained through approval of the board of appeals.

(b)

If two or more lots or combinations of lots and portions of lots with continuous frontage and single ownership are of record at the date of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of said parcel shall be used or occupied which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel by made which leaves remaining any lot with width or area below the requirements stated in this chapter.

(Ord. No. 691, § 1(32-75), 5-4-2005)

Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter, as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged or increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.

(3)

If such nonconforming use of land is discontinued for a period of more that one year, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

(Ord. No. 691, § 1(32-76), 5-4-2005)

Where a lawful structure exists at the effective date of adoption or amendment of this chapter that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such structure may be enlarged or altered in a way which increases its nonconformity.

(2)

Should such structure be destroyed by any means to an extent of more than 50 percent of replacement value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

(3)

If no structural alterations are made, any nonconforming use of structure, or structure and premises, may be changed to another nonconforming use of the same or a more restricted classification, provided that the board of appeals shall find that the proposed use is equally appropriate or more appropriate to the district that the existing nonconforming use. In permitting such change, the board of appeals may require appropriate conditions and safeguards in accord with the purpose and intent of this chapter. Where a nonconforming use of structure, land, or structure and land in combination is hereafter changed to a more restrictive classification, it shall not thereafter be changed to a less restrictive classification.

(Ord. No. 691, § 1(32-77), 5-4-2005)

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs or on repair or replacement of any walls, fixtures, wiring, or plumbing to an extent not exceeding 50 percent of the replacement value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased.

(Ord. No. 691, § 1(32-78), 5-4-2005)

There may be a change of tenancy, ownership, or management of any existing nonconforming uses of land, structures, and premises, provided there is not change in the nature or character of such nonconforming uses except in conformity with the provisions of this chapter.

(Ord. No. 691, § 1(32-79), 5-4-2005)

In accordance with Section 208 of Public Act No. 110 of 2006, as amended (MCL 125.3208), the city commission may acquire properties on which nonconforming buildings or uses are located, by condemnation or other means, and may remove such uses or structures. The resultant property may be leased or sold for a conforming use or may be used by the city for a public use. The net cost of such acquisition may be assessed against a benefit district or may be paid from other sources of revenue.

(Ord. No. 691, § 1(32-80), 5-4-2005)