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Gibraltar City Zoning Code

ARTICLE V

- NONCONFORMING USES

Sec. 44-128.- Continuance of nonconforming building.

Any lawful nonconforming building or structure may be continued and maintained provided there is no physical change other than necessary maintenance and repair of such building or structure except as permitted hereinafter.

(Code 1969, § 5.55; Code 1977, § 28-91)

Sec. 44-129. - Continuance of nonconforming use.

Any lawful nonconforming use may be continued and maintained, provided there is no increase or enlargement of the area, space or volume occupied by or devoted to such nonconforming use.

(Code 1969, § 5.56; Code 1977, § 28-92)

Sec. 44-130. - Continuance of nonconforming use of land.

Any lawful nonconforming use of land may be continued, provided that such use of land shall not be expanded or extended either on the same or adjoining property, and provided further, that if such use or any portion thereof is discontinued or abandoned, any future use of such land shall be in conformity with the provisions of this chapter.

(Code 1969, § 5.57; Code 1977, § 28-93)

Sec. 44-131. - Restoration of damaged building.

A nonconforming building or structure having been damaged or partially destroyed by fire or other calamity to an extent not exceeding 60 percent of the assessed valuation, exclusive of foundations, at that time, may be restored and its immediately previous occupancy or use, existing at the time of such partial destruction, may be continued or resumed; provided the work of restoration is commenced within one year of the date of such partial destruction and is diligently carried on to completion. Whenever a nonconforming building or structure is damaged in excess of 60 percent of its assessed valuation, exclusive of foundations, at that time, the repair or reconstruction of such building shall conform to all of the regulations of the district in which it is located and it shall be treated as a new building.

(Code 1969, § 5.58; Code 1977, § 28-94)

Sec. 44-132. - Change of use.

Any part of a building, structure or land occupied by a nonconforming use may be changed to a use of the same or a more restricted classification (subject to such permits as may be required for proposed use), but where the use of a nonconforming building, structure or land is hereafter changed to a more restricted classification, it shall not thereafter be changed to a use of less restricted classification.

(Code 1969, § 5.59; Code 1977, § 28-95)

Sec. 44-133. - Vacancy; termination of nonconforming use.

In the event that a nonconforming use of land or building is discontinued or abandoned, for a period of six months or more, the use of the same shall conform thereafter to the uses permitted in the district in which it is located.

(Code 1969, § 5.60; Code 1977, § 28-96)

Sec. 44-134. - Change of tenancy or ownership.

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

(Code 1969, § 5.61; Code 1977, § 28-97)

Sec. 44-135. - Completion of pending construction.

The adoption of the ordinance from which this chapter is derived shall not limit the construction of any building for which a permit had been obtained and on which work had commenced and had been carried on continuously for at least 30 days.

(Code 1969, § 5.62; Code 1977, § 28-98)

Sec. 44-136. - Expansion prohibited.

A nonconforming use of a portion of a building or structure, which building or structure otherwise conforms to the provisions of this chapter, shall not be expanded or extended into any other portion of such conforming building or structure, nor changed except to a conforming use. If the nonconforming use or portion thereof is discontinued or changed to a conforming use, any future use of such building, structure or portion thereof shall be in conformity to the regulations of the district in which such building or structure is located.

(Code 1969, § 5.63; Code 1977, § 28-99)

Sec. 44-137. - Signs, billboard, commercial advertising structures.

Any sign, billboard, commercial advertising structure or object which lawfully existed and was maintained at the time of the Code became effective may be continued although such use does not conform with the provisions of this chapter, provided that no structural alterations may be made thereto, and provided further, that all such nonconforming signs, billboards, commercial advertising structures and objects and their supporting members located in one-family residence, two-family residence, multiple-family residence, local business districts, should be completely removed from the premises within three years of the passage of the ordinance from which this chapter is derived.

(Code 1969, § 5.64; Code 1977, § 28-100)

Sec. 44-138. - Removal of nonconforming use, building or structure.

The planning commission shall, from time to time, recommend to the city council the acquisition of such private property as does not conform in use or structure to the regulations and restrictions of the various districts defined in this chapter and to recommend the removal of such use or structure pursuant to section 208(3) of the Michigan Zoning Enabling Act (MCL 125.3208(3)). The city council may in its discretion provide that the cost and expense of acquiring such private property be paid from the general fund or the cost and expense or any portion thereof be assessed to a special district.

(Code 1969, § 5.65; Code 1977, § 28-101)

Sec. 44-139. - Nonconforming uses—Due to reclassification.

The foregoing provisions shall also apply to uses which hereafter become nonconforming due to any reclassification of districts or zones under this chapter.

(Code 1969, § 5.66; Code 1977, § 28-102)

Sec. 44-140. - Same—Record of.

Immediately after the effective date of this Code or amendments thereto, the city shall prepare a complete record of all nonconforming uses and occupations of lands, buildings and structures, including tents and trailer coaches, existing at the time of such chapter or amendment. Such record shall contain the names and addresses of the owners of such nonconforming use and of any occupant, other than the owner, the legal description of the land and the nature and extent of use. The city planning commission shall review the record and make such recommendations to the city council as they deem advisable for the correction or elimination of such nonconforming uses. The record of nonconforming uses and recommendations of the planning commission shall be filed in the office of the city clerk, which record shall constitute prima facie evidence of the number, character and extent of the nonconformances at the time this chapter or an amendment thereto becomes effective. The record of nonconforming uses shall be reviewed and revised annually as the planning commission shall prescribe.

(Code 1969, § 5.67; Code 1977, § 28-103)