A)

Definition. There are three types of nonconformities within a city: lots, uses and structures. When the city amends a zoning ordinance, it sometimes creates nonconforming lots, uses, and structures. Nonconformities are authorized and lawful at the time the lot/use/structure was created but are no longer allowed due to changes made in a zoning ordinance.

B)

Regulation. This article intends to permit these nonconformities to continue until they are removed, but not to encourage their survival. With the knowledge that some nonconforming uses, lots, or structures shall not disappear, the city desires and requires, in pursuit of the public interest, to distinguish between nonconforming uses or structures that must be eliminated as rapidly as possible and nonconforming uses or structures that ought to be given separate treatment. Therefore, the city establishes two classes of non-conformities: Class A and Class B. All non-conforming uses and structures are classified as Class B unless designated as Class A. The planning commission has the authority to designate uses as Class A.

(Ord. of 11-13-2023)

All nonconforming uses and structures are classified as Class B nonconforming uses at adoption of this article. The planning commission, city council, building department, or any person with a property interest may apply for designation as a Class A nonconforming use or structure. The planning commission has the sole authority to designate a nonconforming use or structure as a Class A nonconformity upon finding that (see approval standards in sub-section below):

A)

Continuance of the nonconformity would not be contrary to the public health, safety or welfare, or the spirit and intent of this chapter;

B)

The existing character of the area is maintained, and expansion will not have a detrimental effect on neighboring properties;

C)

The nonconformity was lawful at the time of its inception; and

D)

No useful purpose would be served by strict application of the provisions or requirements of this chapter with which the use or structure does not conform.

(Ord. of 11-13-2023)

A)

Application process. A written application must be filed setting forth the following information:

1)

The address, parcel identification number and legal description of the total land area of the application.

2)

Use(s). A map showing the existing and proposed use(s) of the subject property and adjacent lands with sufficient detail to properly define nearby parks, public lands, roads, highways, available discharge points or routes for surface drainage, sewer and water facilities and zoning district boundaries.

3)

Sketch plan. A plan for alterations, enlargements, extensions, and other site improvements, if any, associated with the application for a Class A designation.

4)

Any information as may be deemed necessary by the planning commission to decide on the request.

B)

Public hearing. A public hearing must be held by the planning commission for a request on a Class A designation for a non-conforming structure or use, to acquaint the public and particularly adjoining property owners with the request.

C)

Planning commission decision. After a public hearing, the planning commission may deny, approve or approve with conditions a request for a Class A designation, after review of the application and the standards established in this section. The decision of the planning commission must be incorporated in a statement to be made part of the official minutes of the meeting and must contain the conclusions relative to the application under consideration. The commission must specify the basis for the decision and any conditions imposed. No vested interest must arise out of a Class A designation.

D)

Effect of approval.

1)

Class A non-conforming structures. These structures may be permitted to be perpetuated, expanded, enlarged, altered, improved, or reconstructed if damaged or destroyed only after approval of the planning commission, and in accordance with an approved plan, the provisions of this section and any conditions of approval. Should such a structure be moved for any reason for any distance whatsoever, it must conform to the regulations for the district in which it is located after it is moved.

2)

Class A non-conforming uses. These uses may be perpetuated, expanded, enlarged, increased, or extended, either on the same or adjoining lot or parcel, only after approval of the planning commission, and in accordance with an approved plan, the provisions of this section and any conditions of approval. No such non-conforming use must 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 ordinance, except after approval of the planning commission.

E)

Effect of denial.

1)

Zoning board of appeals. The following must not be eligible for appeal to the zoning board of appeals:

a)

An application for a Class A designation that has been denied by the planning commission.

b)

An administrative decision made by the chief zoning administrator regarding a modification of a Class B structure or use that has been previously denied by the planning commission for Class A status.

2)

Re-submission. Notwithstanding the above, a previously denied application for Class A status may be resubmitted for planning commission consideration as a new application after a minimum of 365 days have elapsed from the date of denial by either the planning commission or building official.

(Ord. of 11-13-2023)

A)

Cessation or removal. If a Class A non-conforming structure is permanently removed, or when a Class A non-conforming use is discontinued or ceases to exist for a period of more than 365 days, the Class A designation may be revoked by the planning commission. If the Class A non-conforming use is changed or replaced by a conforming use, the designation shall be deemed removed.

Any subsequent structure or use shall conform with the provisions of this ordinance for the district where it is located unless a change to another non-conforming use has been approved by the planning commission.

B)

Revocation. Upon a finding that the structure or use no longer qualified for Class A designation, because of any change of conditions or circumstances, or failure to maintain or improve a Class A non-conforming structure or use in accordance with the provisions of this section, an approved site plan or any conditions of approval, the planning commission may take action to revoke the Class A designation. Such action shall be subject to the following:

1)

Public hearing. The planning commission shall hold a public hearing subject to the notice requirements, at which time the owner, operator or person having use of property occupied by a Class A designated non-conforming structure or use shall be given an opportunity to present evidence in opposition to revocation.

2)

Determination. Subsequent to the hearing, the decision of the commission with regard to the revocation shall be made and written notification provided to said operator or person having use of property occupied by a Class A designated non-conforming structure or use.

(Ord. of 11-13-2023)

The planning commission may approve a Class A designation for a non-conforming structure or use only upon determining that the following conditions exist:

A)

Protect the health, safey and welfare of community from nuisances. The proposed use must not generate activities that are detrimental to the public health, safety, and welfare. Are there any detrimental effects or nuisances involved in the project and how are these nuisances mitigated? Consider the production of traffic, noise, vibration, smoke, fumes, odor, dust, glare, light, etc.

B)

Protect adjacent property value and existing character. Continuance of the non-conforming structure or use does not and is not likely to significantly depress the value of nearby properties and will not have a negative effect on the existing character of the neighborhood.

C)

Recognize lawful structures and uses. The structure or use was lawful at the time of its inception and is non-conforming as defined in this ordinance.

D)

Protect from abandoned uses/structures. No nonconforming use or structure shall be resumed if it has been for any reason discontinued for a continuous period of at least 12 months.

E)

Promote alignment and conformity with community and zoning ordinance (uses).

1)

The proposed use will have less of a negative impact on neighboring properties than the existing land use.

2)

The proposed use, although inappropriate to a uniform zoning pattern, is desirable and useful in pursuit of the public interest or is more appropriate to the zoning district than the existing nonconforming use.

F)

Promote alignment and conformity with community and zoning ordinance (structures).

1)

The proposed alteration/extension/expansion/replacement will not have a negative impact on neighboring properties.

2)

The materials are compatible with the existing building.

G)

Require appropriate safeguards/conditions. In permitting such a change in use or structure, the planning commission may require appropriate conditions and safeguards in accord with the purpose and intent of this chapter, inclusive of upgrading the premises to comply as nearly as is practicable with requirements of this chapter.

H)

Improve landscaping and screening. The applicant must update their property to meet the landscaping and screening requirements established within this chapter.

(Ord. of 11-13-2023)

Where, on the effective date of this zoning ordinance, a lawful use or structure of land exists that is no longer permitted and it is not deemed Class A, such use may be continued, subject to the following:

A)

Changes in ownership. When the nonconforming use or structure changes ownership, the new owner must bring the site into landscaping compliance, provide the required screening device(s), and provide a dumpster enclosure. The building official can waive a portion of landscaping requirements—but cannot waive requirements entirely.

B)

Enlarged or alteration restrictions. A non-conforming use or structure of land cannot be enlarged, expanded, or extended to occupy a greater area of land or altered in a way that increases their nonconformity.

C)

No incidental uses or structures. No accessory use or structure can be established as incidental to a non-conforming use.

D)

No re-location. No non-conforming use or structure of land can be moved in whole or in part to any other portion of the land on which it is located.

E)

No extension or displacement. No non-conforming use or structure can be extended to displace a conforming use or structure.

F)

Expiration. If a non-conforming use or structure of land ceases for any reason for a period of more than 12 months (consecutive), the use or structure cannot be re-established, and future uses and structures must conform to the regulations of this zoning code. To determine the 12-month period, the zoning administrator will use the date at which the property's business license expired.

G)

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

H)

Unsafe structures. Non-conforming structures that are determined by the zoning administrator to be unsafe must not thereafter be restored, repaired, or rebuilt, but rather must be immediately removed.

I)

Other regulations. The use or structure must be maintained in compliance with all applicable federal, state, county and city laws, ordinances, regulations, and codes, other than the use regulations for the district where the use is located. Failure to do so, or failure to bring the use into compliance with current laws, ordinances, regulations and codes within 180 days of their effective date, shall constitute grounds for the city to seek court approval to terminate or remove the use.

(Ord. of 11-13-2023)

A)

Normal repairs and maintenance. This article must not prevent work required for compliance with the provisions of the state construction code or Michigan housing laws regulating the maintenance of buildings or structures. Normal repair, maintenance or replacement of interior non-bearing walls, fixtures, wiring, plumbing, or heating and cooling systems in Class B non-conforming structures may be permitted in accordance with applicable code requirements, provided that such improvements do not result in an enlargement of a non-conforming structure or use, and provided that the cost of such improvements does not exceed the state equalized value of the structure at the time such work is conducted, unless such building is changed to a conforming use.

B)

Changes to a use permitted. Existing nonconforming structures and uses may experience minor site modifications that enlarge or structurally alter the building only if the use of the addition/structural alteration is changing to a use permitted in the district.

C)

Structures under construction. Nothing in this article must require a change in the plans, construction or designated use of any building or structure for which construction was lawfully begun prior to the effective date of adoption or amendment of this zoning ordinance and diligently carried on until completion. Construction must include the placement of materials in a permanent manner or demolition and removal of an existing structure preparatory to rebuilding in accordance with an approved site plan.

D)

Restoration of damaged structures, including their use.

1)

The reconstruction, repair, rebuilding, or continued use of any non-conforming building, including their use, damaged by fire, collapse, explosion, or act of natural disaster or unusual circumstance wherein the expense of such reconstruction does not exceed the assessed valuation of the building at the time such damage occurred is permitted, provided there is no increase to its non-conformity. However, every effort shall be made to rebuild or repair such non-conforming building in complete conformity with this zoning ordinance.

2)

When any non-conforming building is destroyed by any means to the extent of more than the assessed valuation, said structure or use cannot be rebuilt, restored, or reoccupied for any purpose except in conformity with the provisions of this zoning ordinance. If the cost of repairs and restoration is less than the state equalized value of the structure, then it may be restored to the same configuration as existed before such damage, provided that such restoration must be subject to site plan approval by the planning commission. Said restoration must be commenced within 180 days of the date of site plan approval and must be diligently carried on to completion.

E)

Change of tenancy permitted. There may be a change in tenancy, ownership, or management of an existing nonconformity without affecting its non-conforming status, if there is no change in the nature or character of the nonconformity.

(Ord. of 11-13-2023)

In the R-1 District, there are recorded lots or parcels, which lawfully existed at the time of adoption of this ordinance, which do not meet the minimum requirements for width, area, or setbacks. The purpose of this article is to allow such lots or parcels of record to be utilized if reasonable living standards can be provided. The following regulations must apply to non-conforming lots or parcels of record within the R-1 District:

A)

Development. A single-family dwelling and customary accessory structures may be erected on any single lot or parcel of record in the R-1 District that was in existence at the effective date of adoption or amendment of this article. This provision must apply even if the lot or parcel does not meet the minimum area or width requirements of the R-1 District, provided that any principal or accessory structure constructed on the lot or parcel complies with all other yard, floor area, height, and access requirements of the R-1 District.

B)

Review and approval procedure. An application for the construction of a single-family residence on a non-conforming lot or parcel of record in the R-1 District must be submitted to the zoning administrator for review and approval prior to the issuance of a building permit. In reviewing the application, the zoning administrator must determine that all other requirements not involving area or width have been met. In addition, the zoning administrator must determine whether any additional information and/or approvals must be obtained to ensure compliance with this article, and to preserve the general public health, safety, and welfare.

(Ord. of 11-13-2023)

The city may acquire by purchase, condemnation, or otherwise, private property or an interest in private property for the purpose of removing nonconformities. The elimination of the nonconformities in a zoning district may be declared to be for a public purpose and for a public use. The planning commission may institute and prosecute proceedings for condemnation of nonconformities under the power of eminent domain in accordance with Public Act 149 of 1911, as amended, being MCL 213.21—213.41, or other applicable statute.

(Ord. of 11-13-2023)