The regulations of this article govern nonconforming uses, nonconforming structures, nonconforming lots, and other nonconformities that came into existence legally but do not comply with one or more requirements of this chapter.

(Code 1984, § 61-15-1; Ord. No. 11-05, § 1(61-15-1), eff. 5-28-2005)

It is the general policy of the City that nonconforming uses be eliminated over time. It remains the general policy of the City to allow uses, structures, and lots that came into existence legally (in conformance with then-applicable requirements) to continue to exist and be put to productive use, but to bring as many aspects of such situations into compliance with existing regulations as is reasonably possible. This article establishes regulations which govern uses, structures, and lots that were lawfully established but do not conform to one or more existing requirements of this chapter. The regulations of this article are intended:

(1)

To recognize the interests of property owners in continuing to use their property;

(2)

To promote reuse and rehabilitation of existing buildings; and

(3)

To place reasonable limits on the expansion and alteration of nonconformities that have the potential to adversely affect surrounding properties or the community as a whole.

(Code 1984, § 61-15-2; Ord. No. 11-05, § 1(61-15-2), eff. 5-28-2005)

Any nonconformity that legally existed on December 22, 1968, or that becomes nonconforming upon the adoption of any amendment to this chapter may be continued only in accordance with this article.

(Code 1984, § 61-15-3; Ord. No. 11-05, § 1(61-15-3), eff. 5-28-2005)

In all instances, the burden of establishing that any nonconformity is a legal nonconformity shall be upon the owner of such nonconformity.

(Code 1984, § 61-15-4; Ord. No. 11-05, § 1(61-15-4), eff. 5-28-2005; Ord. No. 34-05, § 1(61-15-4), eff. 12-6-2005)

Incidental repairs and normal maintenance of nonconforming situations, as opposed to structural alterations, shall be permitted, unless such repairs increase the extent of nonconformity or are otherwise expressly prohibited by this chapter. Nothing in this article shall be construed to prevent structures from being structurally strengthened or restored to a safe condition in accordance with an official order of the City.

(Code 1984, § 61-15-5; Ord. No. 11-05, § 1(61-15-5), eff. 5-28-2005)

The status of a nonconformity is not affected by changes of tenancy, ownership or management.

(Code 1984, § 61-15-6; Ord. No. 11-05, § 1(61-15-6), eff. 5-28-2005)

(a)

The Board of Zoning Appeals shall have the authority to hold hearings and render decisions with respect to nonconforming uses, buildings, and structures.

(b)

Pursuant to Section 406(2) of the Michigan Zoning Enabling Act, being MCL 125.3406(2), a person is not eligible to apply for a decision with respect to nonconforming uses, buildings, and structures if the person is delinquent in paying a civil fine, costs, or a justice system assessment imposed by the Blight Administrative Hearings Bureau under Chapter 3, Article II, of tis Code, Enforcement of Blight Violations. This ineligibility does not apply to an applicant for a zoning authorization if the applicant became the owner of the property by foreclosure or by taking a deed in lieu of foreclosure as provided for in Section 406(3) of the Michigan Zoning Enabling Act, being MCL 125.3406(3). Further, this ineligibility does not apply if the zoning authorization will correct, in whole or in part, the blight violation that was the subject of the delinquent payment.

(Code 1984, § 61-15-7; Ord. No. 11-05, § 1(61-15-7), eff. 5-28-2005; Ord. No. 38-14, § 1(61-15-7), eff. 10-16-2014)

Where the general use standards of Section 50-12-125 of this Code specify that a land use requires circulation and verification of a petition prior to issuance of a permit, the Board of Zoning Appeals shall not vote on any nonconforming use which requires such petition without having first considered the results of said petition as a matter of record.

(Code 1984, § 61-15-8; Ord. No. 11-05, § 1(61-15-8), eff. 5-28-2005)

The regulations of this division apply to all nonconforming uses as defined in Section 50-16-322 of this Code.

(Code 1984, § 61-15-11; Ord. No. 11-05, § 1(61-15-11), eff. 5-28-2005)

Uses and structures that are accessory to nonconforming uses shall also be considered nonconforming and subject to this division.

(Code 1984, § 61-15-12; Ord. No. 11-05, § 1(61-15-12), eff. 5-28-2005)

Where a land use was legally established at a time when no special form of approval was required for that use, such as permitted with approval/conditional use public hearing or site plan review, but the current requirements do specify such procedure, said use shall not be deemed nonconforming merely as a result of not having followed the current procedural requirement, provided, that any enlargement, expansion, or intensification shall be subject to the standards that currently apply to the same use. The term "intensification of use" is defined in Section 50-16-262 of this Code.

(Code 1984, § 61-15-13; Ord. No. 11-05, § 1(61-15-13), eff. 5-28-2005; Ord. No. 20-05, § 1(61-15-13), eff. 5-29-2005)

Any use that was legally established at a time when no special use separation or concentration standards applied, such as those requiring that a use be located at least "x" feet from another such use or that no more than two "xyz" uses be located within 1,000 feet of one another, shall not be deemed nonconforming merely as a result of not complying with such standards. Any enlargement, or expansion, or intensification of such use shall be subject to the separation or use concentration standards that are in effect at the time of the proposed expansion. The term "intensification of use" is defined in Section 50-16-262 of this Code.

(Code 1984, § 61-15-14; Ord. No. 11-05, § 1(61-15-14), eff. 5-28-2005; Ord. No. 20-05, § 1(61-15-14), eff. 5-29-2005)

Any use that is approved as a hardship relief grant, or was approved as a use variance, shall be considered a nonconforming use, unless, pursuant to a subsequent amendment of this chapter, such use is expressly allowed in the underlying zoning district.

(Code 1984, § 61-15-15; Ord. No. 11-05, § 1(61-15-15), eff. 5-28-2005)

(a)

A public hearing at the Board of Zoning Appeals shall be required in any instance that involves the expansion or intensification of a nonconforming use, subject to Section 50-15-27 of this Code, provided, that nonconforming adult uses and sign uses shall not be considered for expansion or intensification. See Section 50-3-505 of this Code.

(1)

Any increase in the gross floor area of a building that houses a nonconforming use shall be deemed an expansion of the nonconforming use. Any increase in the area of a zoning lot where a nonconforming use is located shall be deemed an expansion of the nonconforming use;

(2)

Any change to the site plan of a nonconforming use involving a structure;

(3)

Any increase in the height or area, any replacement or addition of a sign face, and any addition of or increase in illumination, including the conversion between external illumination and internal illumination, of any nonconforming sign shall be deemed to be an intensification of the nonconforming use;

(4)

The addition of any by-right or conditional land use to a nonconforming use upon the same zoning lot and within the same gross floor area shall be deemed an intensification of the nonconforming use; and

(5)

The addition of off-street parking for a nonconforming use, solely for the purpose of complying with the off-street parking standards of Article XIV, Division 1, of this chapter, shall not be considered an expansion of the nonconforming use, but shall be governed by the zoning district regulations for "parking lots or parking areas" and by the regulations and standards for "off-street parking" provided for in Article XIV of this chapter.

(b)

The term "intensification of use" is defined in Section 50-16-262 of this Code.

(Code 1984, § 61-15-16; Ord. No. 11-05, § 1(61-15-16), eff. 5-28-2005; Ord. No. 20-05, § 1(61-15-16), eff. 5-29-2005; Ord. No. 01-10, § 1(61-15-16), eff. 4-1-2010; Ord. No. 37-17, § 1(61-15-16), eff. 2-6-2018; Ord. No. 2020-12, § 1, eff. 12-9-2020)

Applications to re-establish certain nonconforming uses that are specified in Section 50-15-28 of this Code, or to enlarge or expand a nonconforming use shall be taken to the Board of Zoning Appeals in accordance with the procedures that are specified in Section 50-2-67 of this Code, provided, that no re-establishment, enlargement, or expansion shall be allowed, unless the Board of Zoning Appeals finds all of the following:

(1)

The establishment, maintenance, location, and operation of the proposed use will not be detrimental to or endanger the social, physical, or economic well-being of surrounding neighborhoods, or aggravate any pre-existing physical, social, or economic deterioration of surrounding neighborhoods;

(2)

The expanded nonconforming use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes permitted, or substantially diminish or impair property values within the neighborhood;

(3)

The use will not impede the normal and orderly development and improvement of surrounding property for use permitted in that district;

(4)

Adequate utilities, access roads, drainage, and other necessary facilities have been or will be provided;

(5)

Adequate measures have been, or will be, taken to provide ingress and egress that are designed to minimize traffic congestion in the public streets; and

(6)

In other respects, the use will conform to the applicable use regulations of Article XII of this chapter, and the applicable intensity and dimensional standards of Article XIII of this chapter, the applicable general development standards of Article XIV of this chapter, and will not result in the creation of additional nonconformities, deficiencies, or excesses on the subject lot or parcel.

(Code 1984, § 61-15-17; Ord. No. 11-05, § 1(61-15-17), eff. 5-28-2005)

(a)

As specified in Section 50-15-31 of this Code, abandoned nonconforming uses may not be re-established, provided, that certain nonconforming uses may present sufficiently beneficial attributes to the community that they merit consideration for re-establishment as exceptions to this prohibition. Such consideration by the Board of Zoning Appeals would only apply in instances where the property of an abandoned land use had never been reoccupied for a different conforming or nonconforming use.

(b)

The following 21 land uses groupings, where nonconforming in a given zoning district, may be considered for re-establishment by the Board of Zoning Appeals, subject to the various findings that are specified in Section 50-15-27 of this Code. Abandoned nonconforming uses, other than the following 21, may only be considered by the Board of Zoning Appeals under the provisions of "hardship relief" as specified in Article IV, Division 7, of this chapter:

(1)

All "group living" use category uses;

(2)

All "household living" use category uses;

(3)

Boarding schools/dormitories, child caring institutions from the "institutional living" use category;

(4)

All "auditorium or stadium" use category uses, except "motor vehicle race tracks";

(5)

All "community service" use category uses, except "substance abuse service facilities";

(6)

All "day care" use category uses;

(7)

All "hospital" use category uses;

(8)

All "library" use category uses;

(9)

All "museum" use category uses;

(10)

All "park and open space" use category uses;

(11)

All "religious institution" use category uses;

(12)

All "schools" use category uses;

(13)

All "basic utility" use category uses;

(14)

All "major utility" use category uses;

(15)

All "assembly" use category uses, other than regulated uses;

(16)

All "food and beverage service" use category uses, other than brewpub or microbrewery or small distillery or small winery, where the use would reoccupy an existing non-residential building, provided no dance or entertainment activity that would require a cabaret permit and license shall be included;

(17)

All "office" use category uses other than regulated uses;

(18)

All "commercial parking" use category uses;

(19)

All "occupant-oriented retail sales and service" use category uses, other than regulated uses;

(20)

All "sales-oriented retail sales and service" use category uses, other than:

a.

Regulated uses;

b.

Controlled uses;

c.

Firearms dealership;

d.

Fireworks sales, consumer;

e.

Motorcycle sales, rental or service;

f.

Storage or killing of poultry or small game for direct, retail sale on the premises or for wholesale trade; and

(21)

All "service-oriented retail sales and service" use category uses.

(Code 1984, § 61-15-18; Ord. No. 11-05, § 1(61-15-18), eff. 5-28-2005; Ord. No. 44-06, § 1(61-15-18), eff. 12-21-2006; Ord. No. 13-11, § 1(61-15-18), eff. 8-23-2011; Ord. No. 37-17, § 1(61-15-18), eff. 2-6-2018)

(a)

A nonconforming use may be changed to any use that is allowed in the zoning district where it is located subject to the all standards and requirements applicable to the new use, except this does not mean that the conforming use may be established in addition to a continuing nonconforming use, only that a conforming use may replace the nonconforming use.

(b)

Notwithstanding Subsection (a) of this section, a legally established nonconforming use that was a Group "D" adult cabaret use, as that kind of use was defined on November 1, 2009, may be placed on record by the Buildings, Safety Engineering, and Environmental Department, upon written request of the owner, as a Group "A" cabaret use, a Group "B" cabaret use, or a Group "C" cabaret use without applying for, or obtaining, approval from the Buildings, Safety Engineering, and Environmental Department for the change of use.

(c)

Once a nonconforming use is converted to a conforming use, it may not be changed back to a nonconforming use.

(Code 1984, § 61-15-19; Ord. No. 11-05, § 1(61-15-19), eff. 5-28-2005; Ord. No. 01-10, § 1(61-15-19), eff. 4-1-2010; Ord. No. 13-11, § 1(61-15-19), eff. 8-23-2011)

(a)

A nonconforming use may be changed to another nonconforming use only where reviewed and approved by the Board of Zoning Appeals in accordance with the procedures that are specified in Section 50-2-67 of this Code, except, that a nonconforming use may not be changed to any of the following:

(1)

Adult uses as specified in Section 50-3-502 of this Code;

(2)

Controlled uses as specified in Section 50-3-402 of this Code;

(3)

Junkyards;

(4)

Light duty vehicle repair establishments;

(5)

Medium/heavy duty vehicle or equipment repair establishment;

(6)

Mortuaries or funeral homes;

(7)

Motor vehicle filling stations;

(8)

Motor vehicle washing and steam cleaning;

(9)

Motor vehicles, used, salesroom or sales lots;

(10)

Regulated uses as specified in Section 50-3-323 of this Code on land zoned R1, R2, R3, R4, R5 or R6, except where an establishment for the sale of beer or alcoholic liquor for consumption on the premises would reoccupy an existing non-residential building, provided, that no dance or entertainment activity, which would require a cabaret permit and license, shall be included;

(11)

Restaurants, except where the use would reoccupy an existing non-residential building;

(12)

Scrap tire storage, processing, or recycling facility;

(13)

Signs;

(14)

Smoking lounges, other;

(15)

Tires, used: sales and/or service;

(16)

Tobacco retail stores; and

(17)

Towing service storage yards.

(b)

Except for the uses listed in Subsection (a) of this section, the Board of Zoning Appeals may approve the change of one nonconforming use to another nonconforming use only if the Body determines that the new proposed use will be less injurious to the surrounding area than the previous nonconforming use. If the Board of Zoning Appeals approves such a change in use, it is authorized to impose conditions that the Body deems necessary to reduce or minimize any potentially adverse effect upon other property in the neighborhood, and to carry out the general purpose and intent of this chapter. Any condition that is imposed must relate to a situation created or aggravated by the proposed use and must be roughly proportional to its impact.

(c)

Notwithstanding the requirements in Subsections (a) and (b) of this section that the Board of Zoning Appeals review and approve a change of use, a legally-established nonconforming use that was a Group "D" adult cabaret use, as that kind of use was defined on November 1, 2009, may be placed on record by the Buildings, Safety Engineering, and Environmental Department, upon written request of the owner, as a Group "A" cabaret use, a Group "B" cabaret use, or a Group "C" cabaret use without applying for or obtaining approval from the Board of Zoning Appeals for the change of use.

(Code 1984, § 61-15-20; Ord. No. 11-05, § 1(61-15-20), eff. 5-28-2005; Ord. No. 44-06, § 1(61-15-20), eff. 12-21-2006; Ord. No. 01-10, § 1(61-15-20), eff. 4-1-2010; Ord. No. 13-11, § 1(61-15-20), eff. 8-23-2011; Ord. No. 2020-12, § 1, eff. 12-9-2020; Ord. No. 2023-6, § 1, eff. 3-8-2023; Ord. No. 2023-36, § 1, eff. 3-5-2024)

Once abandoned, a nonconforming use shall not be re-established or resumed, except in accordance with Section 50-15-28 of this Code. Any subsequent use or occupancy of the structure or open land must comply with the regulations of the district where it is located and all other applicable requirements of this chapter:

(1)

Presumption of abandonment. A nonconforming use shall be presumed abandoned and its land use rights extinguished where any one of the following has occurred:

a.

The owner has indicated, in writing or by public statement, an intent to abandon the use; or

b.

A conforming or less intensive nonconforming use has replaced the nonconforming use; or

c.

The building or structure that houses the nonconforming use has been removed; or

(2)

Evidence of abandonment. Evidence that a use has been discontinued, vacant or inactive for a continuous period of at least six months, and thereby abandoned, may include any of the following:

a.

The owner has physically changed the building or structure, or its permanent equipment, in a manner that clearly indicates a change in use or activity to something other than the nonconforming use; or

b.

Utility service has been shut off (See Section 50-16-422 of this Code for definitions of the term "utilities"); or

c.

Any license, required by this Code, that is necessary for the operation of the nonconforming use:

1.

Has not been renewed; or

2.

Has been denied or revoked without a timely appeal having been filed;

3.

Has been denied or revoked, and a timely appeal of the denial or the revocation did not result in the granting of the license.

(3)

Overcoming presumption of abandonment. A presumption of abandonment based on the evidence of abandonment, as provided for in Subsection (2) of this section, may be rebutted upon a showing of all of the following, to the satisfaction of the Board of Zoning Appeals, that the owner:

a.

Has been maintaining the land and structure in accordance with all applicable regulations, including Chapter 8, Article II, of this Code, Building Code, and did not intend to discontinue the use;

b.

Has been maintaining all applicable licenses;

c.

Has filed all applicable tax documents; and

d.

In addition, the owner of the nonconforming use shall be required to demonstrate, to the satisfaction of the Board of Zoning Appeals, that during the period of inactivity or discontinuance the owner:

1.

Has been actively and continuously marketing the land or structure for sale or lease; or

2.

Has been engaged in other activities that would affirmatively prove there was no intent to abandon.

(Code 1984, § 61-15-21; Ord. No. 11-05, § 1(61-15-21), eff. 5-28-2005; Ord. No. 01-10, § 1(61-15-21), eff. 4-1-2010)

The following provisions shall apply with respect to damage or destruction to principal structures that contain nonconforming uses:

(1)

Where a structure that contains a nonconforming use is damaged or destroyed by any means to the extent of more than 60 percent of the assessed valuation, as defined in Section 50-16-113 of this Code, of the structure at the time the damage occurred, the use shall not be re-established except in compliance with all applicable regulations of Article XII, Article XIII, and Article XIV of this chapter. No repairs or reconstructions shall be undertaken, unless a building permit for such repairs/construction has been obtained within two years of the date of the damage or destruction. The Board of Zoning Appeals may modify the applicable regulations of Article XII, Article XIII, and Article XIV of this chapter only after a public hearing, upon satisfying the approval criteria of Article IV, Division 6, of this chapter. The Board may impose any limitations or conditions that the Body deems necessary to carry out the intent, spirit, and purpose of this chapter;

(2)

Pursuant to the authority that is specified in Section 208 of the Michigan Zoning Enabling Act, being MCL 125.3208, and notwithstanding Subsection (1) of this section, a nonconforming single-family dwelling which is damaged or destroyed may be repaired or reconstructed without need for approval by the Board of Zoning Appeals; such repair or reconstruction shall not result in an increase in the gross floor area of the single-family dwelling as existed at the time that the damage or destruction occurred. No repairs or reconstruction shall be undertaken, unless a building permit for such repairs/construction has been obtained within two years of the date of the damage or destruction.

(Code 1984, § 61-15-22; Ord. No. 11-05, § 1(61-15-22), eff. 5-28-2005; Ord. No. 44-06, § 1(61-15-22), eff. 12-21-2006)

The following requirements shall apply with respect to damage or destruction to structures accessory to nonconforming uses:

(1)

Structures that are damaged or destroyed by fire, collapse, explosion, or act of God, and are accessory to non-residential nonconforming uses, shall be subject to the same provisions which apply to principal structures as provided for in Section 50-15-27 and Section 50-15-32 of this Code;

(2)

Structures that are damaged, destroyed, or demolished and are accessory to residential nonconforming uses, may be reconstructed or repaired without need for a public hearing, provided, that the reconstructed accessory structure does not exceed the gross floor area of the damaged, destroyed, or demolished structure; and

(3)

Structures that are damaged, destroyed, or demolished and are accessory to residential nonconforming uses, and that upon reconstruction or repair will exceed the gross floor area of the damaged, destroyed, or demolished structure, shall be deemed an expansion of a nonconforming use, subject to Section 50-15-26 of this Code.

(Code 1984, § 61-15-23; Ord. No. 11-05, § 1(61-15-23), eff. 5-28-2005)

(a)

An agricultural operation that was present prior to the enactment of the ordinance from which this section is derived, which was April 16, 2013, and does not conform to this chapter's development standards for urban agriculture shall be considered a legal non-conforming use for the purposes of scale and type of agricultural use and are subject to the following provisions:

(1)

Scale shall be measured by the total square footage of the agricultural operation, including the square footage of structures;

(2)

Type is defined by the variety of crops produced;

(3)

Requests for non-conforming use status will be reviewed and granted by the City Planning Commission. Requests may be made by the owner of the subject property, the owners' authorized agent, or a person with a legal interest in the subject property, such as a purchaser under contract. The City Planning Commission will confirm the presence, scale, and type of agricultural operation on the subject property before granting non-conforming use status;

(4)

Legal non-conforming agricultural operations are subject to this article;

(5)

Any change in scale or type will cause the non-conforming agricultural operation to lose its legal non-conforming status; and

(6)

Agricultural uses that are expressly prohibited elsewhere in this Code will not be given legal non-conforming status.

(b)

Agricultural uses that conform to this chapter's development standards for urban agriculture shall be considered uses and are not subject to this section.

(Code 1984, § 61-15-24; Ord. No. 10-13, § 1(61-15-24), eff. 4-16-2013)

The regulations of this division apply to nonconforming structures, which are structures that were legally established but no longer comply with the intensity and dimensional standards of Article XIII of this chapter.

(Code 1984, § 61-15-31; Ord. No. 11-05, § 1(61-15-31), eff. 5-28-2005)

Where a variance is approved from otherwise applicable zoning district dimensional standards, the subject structure shall still be deemed nonconforming with respect to the standard that was "varied."

(Code 1984, § 61-15-32; Ord. No. 11-05, § 1(61-15-32), eff. 5-28-2005)

A nonconforming structure may be used for any use that is allowed in the underlying zoning district, subject to all applicable use standards.

(Code 1984, § 61-15-33; Ord. No. 11-05, § 1(61-15-33), eff. 5-28-2005)

Nonconforming structures may expand, subject to the following requirements:

(1)

A nonconforming structure may be enlarged, altered, or expanded where the enlargement, alteration, or expansion does not increase the extent of nonconformity;

(2)

Where a nonconforming building or structure is occupied by a nonconforming use, no enlargements shall be made, except those required by state law or by this Code, unless the use of the building or structure is made to conform with applicable use regulations and general development standards. All other enlargements shall be deemed an expansion of a nonconforming use and subject to Section 50-15-26 of this Code; and

(3)

Nothing in this division shall prevent necessary repairs or interior alterations to nonconforming structures.

(Code 1984, § 61-15-34; Ord. No. 11-05, § 1(61-15-34), eff. 5-28-2005; Ord. No. 44-06, § 1(61-15-34), eff. 12-21-2006)

A nonconforming structure may be moved where the movement or relocation eliminates the nonconformity. In addition, a nonconforming structure may also be moved where the movement is for the purpose of flood-proofing or removal of the structure from a floodplain, and such movement will not increase the degree of nonconformity.

(Code 1984, § 61-15-35; Ord. No. 11-05, § 1(61-15-35), eff. 5-28-2005)

The following requirements shall apply with respect to damage or destruction to nonconforming principal structures:

(1)

Where a nonconforming principal structure is destroyed by any means to the extent of more than 60 percent of the assessed valuation, as defined in Section 50-16-113 of this Code, of the structure at the time the damage occurred, the structure shall not be re-established, except in compliance with all applicable use regulations, intensity and dimensional standards, and general development standards. No repairs or reconstruction shall be undertaken, unless commenced within two years of the date of the partial destruction and diligently carried on to its completion; and

(2)

Pursuant to the authority that is specified in MCL 125.3208 and notwithstanding Subsection (1) of this section, a nonconforming single-family dwelling which is damaged or destroyed may be repaired or reconstructed without need for approval by the Board of Zoning Appeals, provided, that such repair or reconstruction shall not result in an increase in the gross floor area of the single-family dwelling as existed at the time that the damage or destruction occurred. No repairs or reconstruction shall be undertaken, unless a building permit for such repairs/construction has been obtained within two years of the date of the damage or destruction.

(Code 1984, § 61-15-36; Ord. No. 11-05, § 1(61-15-36), eff. 5-28-2005; Ord. No. 44-06, § 1(61-15-36), eff. 12-21-2006)

No structure that is accessory to a principal nonconforming structure shall continue after such principal structure has been destroyed by more than 60 percent of the assessed valuation, as defined in Section 50-16-113 of this Code, of the principal structure at the time the damage occurred, unless the accessory structure complies with all applicable regulations of this chapter. No repairs or reconstruction shall be undertaken, unless commenced within two years of the date of the partial destruction and diligently carried on to its completion.

(Code 1984, § 61-15-37; Ord. No. 11-05, § 1(61-15-37), eff. 5-28-2005; Ord. No. 44-06, § 1(61-15-37), eff. 12-21-2006)

Nonconforming lots are those lots or land parcels which were legally created but no longer comply with the minimum area or width standards of the underlying zoning district as specified in Article XIII of this chapter. Nonconforming lots may be occupied and used in accordance with the standards of Section 50-13-21 and Section 50-13-254 through Section 50-13-256 of this Code.

(Code 1984, § 61-15-41; Ord. No. 11-05, § 1(61-15-41), eff. 5-28-2005)

The Planning and Development Department shall be authorized to recommend to the City Council that nonconforming uses or structures be acquired and removed by the City.

(Code 1984, § 61-15-51; Ord. No. 11-05, § 1(61-15-51), eff. 5-28-2005)

The Planning and Development Department shall submit estimates of the cost of public acquisition and removal of the nonconformity, and of the probable resale price of the subject property after removal of the nonconformity, as obtained from the appropriate City department. The Planning and Development Department's report shall identify the proposed means of offsetting any acquisition and removal costs.

(Code 1984, § 61-15-52; Ord. No. 11-05, § 1(61-15-52), eff. 5-28-2005)

The City Council shall hold a public hearing on the proposed nonconformity acquisition. Following the public hearing, the City Council may declare, by resolution, that proceedings be instituted for acquisition of the nonconformity. Where the City Council resolves to acquire the nonconformity, the City Clerk shall send a certified copy of the resolution to subject property owners by registered mail. Certified copies of the resolution shall also be sent to property owners within any special assessment district that is established to help finance the acquisition.

(Code 1984, § 61-15-53; Ord. No. 11-05, § 1(61-15-53), eff. 5-28-2005)

At least 15 days' notice of the time, place, and purpose of the City Council public hearing shall be published in the City's official newspaper. The City Clerk shall send written notice of the time, place, and purpose of such public hearing, by mail, to all owners of property that is proposed for acquisition. The notice shall be sent to the owner's address as given in the last assessment roll. Where the cost of acquisition or removal is to be assessed to a special district, the Board of Assessors shall be directed to furnish the City Council with a tentative special assessment district, a tentative plan of assessment, the names of the respective owners of the properties that are located in such district, and the addresses of the owners as given in the last assessment roll. The City Clerk shall send said notice of hearing, by mail, to the owners of property that is located in the tentative special assessment district.

(Code 1984, § 61-15-54; Ord. No. 11-05, § 1(61-15-54), eff. 5-28-2005)

Upon the transfer of title of property to the City, the City Council shall cause the discontinuance or removal of the nonconformity. Thereafter, the City Council may elect to retain all or part of acquired property for municipal purposes, other than public housing. Where acquisition costs are to be assessed against a special district, the amount to be assessed shall be reduced by the market value of the property which is retained for public use. Thereafter, the City Council shall order such portion of the property not retained for municipal purposes to be sold, or otherwise disposed of, but only for a conforming use, and not public housing. The City Council shall confirm the cost of such project and report any assessable cost to the Board of Assessors, which shall then prepare an assessment roll in the manner provided for in the Charter and this Code. At the discretion of the City Council, such an assessment may be paid in one or more, but not to exceed ten, annual installments.

(Code 1984, § 61-15-55; Ord. No. 11-05, § 1(61-15-55), eff. 5-28-2005; Ord. No. 38-14, § 1(61-15-55), eff. 10-16-2014)