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Cedar Springs City Zoning Code

ARTICLE V

- NONCONFORMING USES6


Footnotes:
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State Law reference— Nonconforming uses or structures, MCL 125.3208.


Sec. 32-584.- Continuance of existing uses and structures.

Any lawful nonconforming use existing at the time of passage of the ordinance codified in this chapter may be continued; provided, however, that except in the case of dwellings or farm buildings, the building or the lot land involved shall neither be structurally altered nor enlarged unless such revised structure shall conform to the provisions of this chapter for the district in which it is located; provided, further, that this section shall not prohibit structural alterations required by law.

(Code 2009, § 40-486; Ord. No. 53-A, § 4.01, 8-16-1982)

Sec. 32-585. - Restoration and repairs.

Such repairs and maintenance work as are required to keep a nonconforming building or structure in a sound condition may be made. If a nonconforming building or structure is damaged or destroyed to the extent of 60 percent or more of its real value by fire, flood, wind or other such calamity, its reconstruction shall be in accordance with the provisions of this chapter. A nonconforming use damaged to a lesser extent may be restored to its original size at the time prior to such damage and its use resumed. Any such restoration must be completed within a period of one year of the time of such damage and diligently pursued to completion. The planning commission may extend such period of time for the restoration of any building or structure when a state or local emergency shall render it impossible to make the restoration of such building or structure within the stated time limit.

(Code 2009, § 40-487; Ord. No. 53-A, § 4.02, 8-16-1982)

Sec. 32-586. - Extensions, enlargements, moving.

No nonconforming use of any land or structure shall hereafter be enlarged or extended or moved unless the use is changed to a conforming use.

(Code 2009, § 40-488; Ord. No. 53-A, § 4.03, 8-16-1982)

Sec. 32-587. - Discontinuance.

Any building, structure or premises where a nonconforming use has ceased for more than 12 months shall conform to the regulations of the district in which it is located. No nonconforming use, if changed to a use permitted in the district in which it is located, shall be resumed or changed back to a nonconforming use.

(Code 2009, § 40-489; Ord. No. 53-A, § 4.04, 8-16-1982)

Sec. 32-588. - District boundary changes.

When district boundaries shall hereinafter be changed, any nonconforming use may be still continued but subject to all other provisions of this chapter. The provisions of this article shall also apply to buildings and land or uses which hereafter become nonconforming due to any reclassification of districts under this chapter and any change in the regulations of this chapter.

(Code 2009, § 40-490; Ord. No. 53-A, § 4.05, 8-16-1982)

Sec. 32-589. - Authority to eliminate nonconforming use.

In accordance with the Michigan Zoning Enabling Act, MCL 125.3101 et seq., the city council may, from time to time, acquire real properties on which nonconforming uses or structures are located, by condemnation or otherwise, and may remove such uses or structures and resell the property for a conforming use or develop it 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.

(Code 2009, § 40-491; Ord. No. 53-A, § 4.06, 8-16-1982; Ord. No. 147, § 1, 4-12-2007)

Sec. 32-590. - Plans already filed.

In any case where plans and specifications for a building or structure have been filed, which would conform with the zoning regulations effective at the date of such filing but not with the regulations of this chapter, and where a building permit for such building or structure has been issued and construction work started at the effective date of the ordinance from which this chapter is derived, such work may proceed provided it is completed within one year of said date.

(Code 2009, § 40-492; Ord. No. 53-A, § 4.07, 8-16-1982)