A.

Existing use. Except where specifically provided to the contrary, and subject to the provisions of sections 20.2, 20.3, and 20.4, hereinafter, the lawful use of any building or structure or of any lot of record which is existing and lawful on September 22, 1976, or in the case of an amendment or restatement of this ordinance, then on the effective date of such amendment or restatement, may be continued although such use does not conform with the provisions of this ordinance or any amendment or restatement thereto, as the case may be. In addition, except where specifically provided to the contrary, and subject to the provisions of sections 20.2, 20.3, and 20.4, hereinafter, a building or structure which is existing and lawful on September 22, 1976, or in the case of an amendment or restatement to this ordinance, then on the effective date of such amendment or restatement, may be maintained and continued although such building or structure does not conform with the provisions of this ordinance or any amendment or restatement thereto, as the case may be.

B.

Extending of use prohibited. No building, structure or use which is nonconforming under this ordinance or any amendment or restatement thereto may be extended, enlarged, altered, remodeled or modernized unless such extension, enlargement, alteration, remodeling or modernization is first authorized by the zoning administrator. The zoning administrator may, in their discretion, decline to determine whether or not such authorization should be granted and, instead, refer [the] decision thereon to the zoning board of appeals as a matter for zoning board of appeals decision pursuant to the Michigan Zoning Enabling Act. In considering such authorization, the zoning administrator or the zoning board of appeals, as the case may be, shall consider the following standards:

1.

Whether the extension, enlargement, alteration, remodeling or modernization will substantially extend the probable duration of the nonconforming structure, building or use.

2.

Whether the extension, enlargement, alteration, remodeling or modernization of the nonconforming structure, building or use will interfere with the use of adjoining lands or other properties in the surrounding neighborhood for the uses for which they have been zoned pursuant to the provisions of this ordinance.

3.

The effect of the nonconforming structure, building or use and such extension, enlargement, alteration, remodeling or modernization thereof on adjoining lands in the surrounding neighborhood.

C.

Changing of uses. The nonconforming use of any building, structure or land shall not be changed to any other nonconforming use unless first authorized by the zoning administrator. The zoning administrator may, in their discretion, decline to determine whether or not such authorization should be granted and, instead, refer [the] decision thereon to the zoning board of appeals as a matter for zoning board of appeals decision pursuant to the Michigan Zoning Enabling Act. In considering such authorization, the zoning administrator or the zoning board of appeals, as the case may be, shall consider the following standards:

1.

Whether the proposed use is equivalent to or more appropriate than the present nonconforming use to the zoning district in which the building, structure or land is located. No change to a less appropriate use may be authorized by the zoning administrator or the zoning board of appeals.

2.

Whether the proposed use will substantially extend the probable duration of the use of the nonconforming structure, building or use.

3.

Whether the proposed use will interfere with the use of adjoining lands or other properties in the surrounding neighborhood for the uses for which they have been zoned pursuant to the provisions of this ordinance.

4.

The effect of the proposed use on adjoining lands in the surrounding neighborhood.

D.

Reestablishment; nonconforming use. Whenever the nonconforming use of any building, structure or land has been changed to a conforming use, the nonconforming use shall not thereafter be reestablished. In addition, if a building or structure is altered, remodeled or modified so as to eliminate or remove any or all of its nonconforming characteristics, then such nonconforming characteristics shall not be later reestablished.

E.

Vacancy and conformance. If the nonconforming use of any building, structure, lot of record is discontinued through vacancy, lack of operation or use, or otherwise for a continuous period of nine consecutive months or more, then any future use of such building, structure, lot of record shall conform to the provisions of this ordinance.

A.

Lawful buildings and structures. Any building or structure shall be considered existing and lawful and, for the purposes of section 20.1, to have been in use for the purpose for which constructed if, on September 22, 1976, or the effective date of any amendment or restatement of this ordinance:

1.

A building permit has been obtained therefor, if required, or, if no building permit is required, a substantial start has been made toward erection of the building or structure; and

2.

Erection is thereafter pursued diligently to conclusion.

A.

Minor repairs. Repairs and reinforcement of any nonconforming building or structure are permitted if necessary to maintain the building or structure in a sound condition; provided, however, that no such repair or reinforcement shall permit the use of such building or structure beyond its normal period of usefulness.

B.

Major reconstruction and restoration. The reconstruction, repair, reinforcement or restoration and resumption of use of any nonconforming building or structure, damaged by fire, wind, collapse, explosion, act of God, or acts of a public enemy is permitted if the total cost and expense of such reconstruction, repair, reinforcement or restoration does not exceed the state equalized valuation of the nonconforming building or structure or portion thereof so damaged on the date such damage has occurred. The reconstruction, reinforcement, repair or restoration shall be begun within 90 days following the date on which the damage has occurred. The zoning administrator may authorize an additional period of up to 90 days to begin such reconstruction, repair, reinforcement or restoration. The zoning administrator may, in their discretion, decline to determine whether or not such authorization should be granted and, instead, refer [the] decision thereon to the zoning board of appeals as a matter for zoning board of appeals decision pursuant to the Michigan Zoning Enabling Act. In considering such authorization, the zoning administrator or the zoning board of appeals, as the case may be, shall consider the following standards:

1.

The reason or reasons why construction cannot begin within such 90-day period;

2.

Any factors beyond control which prevent beginning construction within such 90-day period such as weather, lack of availability of labor or materials, or lack of availability of professional services necessary for such reconstruction, repair, reinforcement or restoration; and

3.

Any relationship between beginning the reconstruction, repair, reinforcement or restoration and the receipt of insurance proceeds with respect to the damage.

C.

Completion. Once begun, such reconstruction, repair, reinforcement or restoration shall be completed within one year from the beginning date; provided, however, that the zoning administrator may authorize an extension of such completion date of up to one year. The zoning administrator may, in their discretion, decline to determine whether or not such authorization should be granted and, instead, refer [the] decision thereon to the zoning board of appeals as a matter for zoning board of appeals decision pursuant to the Michigan Zoning Enabling Act. In considering such authorization, the following standards shall be considered:

1.

The reason or reasons why it is impossible to complete the reconstruction, repair, reinforcement or restoration within such one year period;

2.

Any reasons or factors beyond control such as weather, strikes, accidents, acts of God, availability of material or labor or availability of other professional services which prevent completion of the reconstruction, repair, reinforcement or restoration within such one year time period. Resumption of the use of the building or structure shall begin within 30 days after completion of reconstruction, repair, reinforcement or restoration.

A.

Nonconforming lots of record. If a lot of record in an agricultural (article 3) or residential (article 4) zoning district which is platted or otherwise of legal record as of the effective date of this ordinance, or any applicable subsequent amendment thereof, does not comply with the area or width requirements of its zoning district, but does have a total area and width which are each equal to at least 90 percent of the area and width requirements of its zoning district, then such lot of record may be used for a single-family dwelling only, provided there is compliance with all side yard requirements of the zoning district. If a lot of record in an agricultural or residential zoning district which is platted or otherwise of legal record as of the effective date of this ordinance, or any applicable subsequent amendment, does not comply with the area or width requirements of its zoning district, or with 90 percent of each of such requirements of its zoning district as is provided above, then such lot of record may be utilized for a single-family dwelling only and then only if all the following requirements are met:

1.

Side yards shall be reduced by the same percentage the total area of the lot of record bears to the minimum lot area requirement of the zoning district;

2.

No side yard shall be less than five feet; and

3.

All off-street parking requirements shall be met.

B.

Adjacent nonconforming lots. Where two or more such noncomplying lots of record have a common side lot line and are in common ownership, such lots of record shall be combined so that the lot of record created by this combination comply or more nearly comply with the minimum requirements of this ordinance.