(a)

It is the intent of this chapter to permit legal nonconforming lots, structures or uses to continue until they are removed, but not to encourage their survival. It is recognized that there exist within the districts established by this chapter and subsequent amendments, lots, structures and uses of land and structures 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.

(b)

Such uses are declared by this chapter to be incompatible with permitted uses in the district involved. It is further 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 district.

(c)

After December 26, 1996, a nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.

(d)

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun prior to December 26, 1996, or at the time of amendment of this chapter and upon which actual building construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent manner; except that, where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until the completion of the building involved. In addition, while nonconforming uses are generally declared by this chapter to be incompatible with permitted uses in the district involved, increasing awareness that some nonconforming uses will not disappear make it necessary and desirable in pursuit of the public interest to distinguish between nonconforming uses which should be eliminated as rapidly as possible and nonconforming uses which ought to be given separate treatment. To this end, there are established two classes of nonconforming uses: (1) Class A, those that could be restored, reconstructed or have substituted nonconforming uses; and (2) Class B, those that are not desirable and useful and will only be allowed to be continued until they are removed or voluntarily discontinued.

(Ord. No. 279, § 13.00, 12-12-96)

All nonconforming uses shall be classified as Class B nonconforming uses at adoption of this chapter. The planning commission, city council, building department, or any person with a property interest may submit an application for designation as a Class A nonconforming use. The planning commission, shall have the sole authority to designate a nonconforming use as a Class A nonconforming use upon finding that: (1) continuance thereof would not be contrary to the public health, safety or welfare, or the spirit and intent of this chapter; (2) the use does not, and is not likely to, significantly depress the value of nearby properties; (3) the use was lawful at the time of its inception; and (4) no useful purpose would be served by strict application of the provisions or requirements of this chapter with which the use does not conform.

(Ord. No. 279, § 13.01, 12-12-96)

A written application shall be filed with the building department, setting forth the name and address of the applicant, giving a legal description of the property to which the application pertains, and including such other information as may be necessary to enable the planning commission to make a determination concerning the matter. The planning commission may require the furnishing of such additional information as it considers necessary. Upon receipt of an application for Class A nonconforming status, the city shall: (1) Publish a notice of public hearing in the local newspaper; (2) Submit a notice of same to owners of the property in question; (3) Send notices to persons with assessed property within three hundred (300) feet; and (4) Send notices to occupants within three hundred (300) feet. The notice shall be published not less than five (5) nor more than fifteen (15) days prior to the planning commission meeting at which the application will be considered.

The planning commission may attach conditions, including any time limit where necessary, to assure that the use and its buildings or structures do not become contrary to the public health, safety or welfare, or the spirit and purpose of its classification. If the nonconforming use is reclassified as a Class A nonconforming use, the applicant shall file the nature and conditions with the Macomb County Register of Deeds.

(Ord. No. 279, § 13.02, 12-12-96)

Any Class A designation shall be revoked, following the same procedure required for designation, upon a finding that, as a result of any change of conditions or circumstances, the use or structure no longer qualifies for Class A designation.

(Ord. No. 279, § 13.03, 12-12-96)

(a)

No use which was unlawful under a prior zoning chapter or this chapter prior to amendment shall be considered a Class A nonconforming use.

(b)

No Class A nonconforming use of land shall be resumed if it has been for any reason discontinued for a continuous period of at least twelve (12) months, or if it has been changed to another lesser nonconforming or a conforming use for any period.

(c)

A Class A use may be used, altered or enlarged, provided that it does not violate any condition imposed by the planning commission established at the time of its designation.

(d)

Nothing in this section shall prevent the restoration of a Class A nonconforming use eliminated by fire, explosion, act of God, or act of the public enemy subsequent to the effective date of its Class designation, or shall prevent the continuance of the use as such use existed at the time of its impairment, provided that said use restoration is completed within eighteen (18) months from the time of destruction and that the same use is made of the premises. The building official may, for reasonable cause, grant one (1) extension of time for an additional period not exceeding ninety (90) days.

(e)

Where a Class A nonconforming use occupies a building and/or structure and land in combination, removal of such building and/or structure shall eliminate the nonconforming status of the land.

(f)

Any Class A nonconforming use may be changed to another nonconforming use upon written findings of the zoning board of appeals that:

(1)

The proposed use is similar in operational characteristics as the former nonconforming use;

(2)

There is no increase in the intensity of the use of the land, building or structure involved;

(3)

Such change in use will have a less detrimental effect or negative impact on neighboring property than the existing nonconforming use it is replacing; and

(4)

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.

(g)

In permitting such a change in use, the zoning board of appeals 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.

(Ord. No. 279, § 13.04, 12-12-96)

The purpose of this section is to establish restructuring designed to eliminate Class B nonconforming uses as rapidly as is permitted by law without payment of compensation.

(1)

No Class B nonconforming use of a structure, or structure and premises in combination, that is discontinued or ceases to exist for one (1) year or for twelve (12) months during any three-year period or be otherwise sooner abandoned, shall thereafter be used in conformance with the regulations of the district in which it is located. Structures and/or land established for seasonal uses shall be excepted from this provision.

(2)

No Class B nonconforming use shall be resumed if it has been changed to a conforming use for any period.

(3)

No Class B nonconforming use shall be enlarged or extended, nor shall the structure it occupies be repaired or reconstructed if damaged by fire or other casualty to the extent that the cost of reconstruction or repair exceeds fifty (50) percent of the replacement cost of such structure.

(4)

No Class B nonconforming use shall be changed to a substantially different nonconforming use, nor enlarged so as to make use of more land area than used at the time of becoming nonconforming.

(5)

No use which was unlawful under a prior zoning chapter or this chapter prior to amendment shall be considered a Class B nonconforming use.

(6)

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

(Ord. No. 279, § 13.05, 12-12-96)

The following applies to all nonconforming structures and buildings, except as may be modified in sections 32-205 and 32-206. Where a lawful structure or building 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, type of structure, or other restrictions 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. Such structures may be enlarged or altered in a way which does not increase its nonconformity.

(2)

Should such structure or nonconforming portion of the structure be destroyed by any means to an extent of more than fifty (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.

(3)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(4)

Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition any nonconforming building or structure, or part thereof, declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

Nothing in this chapter shall be deemed to prevent routine repairs and maintenance of a nonconforming building or structure so long as such repairs and maintenance do not add to its nonconformity.

(Ord. No. 279, § 13.06, 12-12-96)

The following applies to all nonconforming uses of structures and land, except as may be modified in sections 32-205 and 32-206. If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of this chapter that would not be allowed in the district under the terms of this chapter, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure and/or use of land devoted to a Class B use not permitted by this chapter in the district in which it is located shall be intensified, enlarged, extended, constructed, reconstructed, moved or altered, except in changing the use of the structure and/or land to a use permitted in the district in which it is located.

(2)

Any nonconforming Class A use may be extended throughout any parts of building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this chapter, but no such use shall be extended to occupy any land outside such building.

(3)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded, in whole or in part, by a permitted use shall thereafter conform to all regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

(Ord. No. 279, § 13.07, 12-12-96)

After the adoption of this chapter or any amendments thereto, the building official shall prepare a record of all known nonconforming uses, including uses of buildings and of land, existing at the time of such chapter or amendment.

Such record shall contain the names and addresses of the owners of record of such non-conforming uses and of any occupant, other than the owner, the legal description of the land, and the nature and extent of use. Each owner and occupant shall be notified by certified mail, return receipt requested, of the nonconforming character of the structures and uses thereof. Such list shall be available during regular business hours in the office of the building official for examination and shall constitute permanent records of the city.

(Ord. No. 279, § 13.08, 12-12-96)

There may be a change in tenancy, ownership or management of an existing nonconforming use, provided there is no change in the nature or character of such nonconforming use.

(Ord. No. 279, § 13.09, 12-12-96)

Any specific use in existence for which a special land use approval is required in a specific zoning district as provided in this chapter shall not be deemed a nonconforming use as of the date of this chapter, but shall without further action be deemed a conforming use in such district. Any change or modification of such use shall require processing as required for a new special land use.

(Ord. No. 279, § 13.10, 12-12-96)

(a)

Any lot which was of record on December 26, 1996, that does not meet the requirements of this chapter for lot width and depth and available space for yards, may be utilized for single residence purpose, provided the width and depth and available open space for yards is not less than sixty-six and two-thirds (66⅔) percent of that required by the terms of this chapter. Yard requirement variances may be obtained through approval of the zoning board of appeals.

(b)

If two (2) or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record on December 26, 1996, or at the time of 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 the 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 be made which leaves remaining any lot with width or area below the requirement stated in this chapter. The purpose of the provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided.

(Ord. No. 279, § 13.11, 12-12-96)

The city may acquire, by purchase, condemnation or otherwise, private property or an interest in private property for the removal of nonconforming uses. The cost and expense, or a portion thereof, of acquiring the private property may be paid from general funds or assessed to a special district in accordance with the applicable statutory provisions relating to the creation and operation of special assessment districts for public improvements in the city. The elimination of the nonconforming uses and structures in a zoning district is declared to be for a public purpose and for a public use. The city council may institute and prosecute proceedings for condemnation of nonconforming uses and structures under the power of eminent domain in accordance with Act No. 149 of the Public Acts of 1911, as amended, being sections 213.21 to 213.41 of the Michigan Compiled Laws or other applicable statute.

(Ord. No. 279, § 13.12, 12-12-96)

Appeals from decisions made under this section of the chapter may be taken by the zoning board of appeals, as provided by P.A. 207 of 1921, as amended.

(Ord. No. 279, § 13.13, 12-12-96)