The lawful use of land or a structure exactly as such existed at the time of the enactment of this Ordinance, may be continued although such use or structure does not conform with the provisions of this Ordinance. Such a use, where lawfully continued pursuant to the provisions of this section, shall, for the purpose of this Ordinance, be known as a "Valid Nonconforming Use"; but where such a use is not thus lawfully continued, the same, for the purpose of this Ordinance, shall be known as an "Invalid Nonconforming Use." For purpose of this section, produce markets and nurseries existing in the City as of July 1, 1997 in RUF zoning districts and which are currently nonconforming uses shall be considered to be valid nonconforming uses as long as the continuation of the operation of such business and buildings utilized therein is substantially of the same size and same essential nature as the use existing as of July 1, 1997. Such produce markets and nurseries shall remain subject to the provisions below, inclusive, of this Ordinance and any expansion of these uses is prohibited.

A certificate shall be required for each valid nonconforming use, as that term is defined in Section 12.01 of this Ordinance. Such certificate shall state that, on consideration by the Department of Inspection of an application for such certificate and of such other facts as may be ascertained by the Department, the use described in the application has been determined to be a valid nonconforming use existing pursuant to Section 12.01 and Section 12.03 of this Ordinance. Such application shall be filed with the Department of Inspection by the owner or lessee of the building or land occupied by such nonconforming use, within one (1) year from the effective date of this Ordinance, and the Department shall issue such certificate within thirty (30) days following the filing of such application. Failure of an owner or lessee to so obtain such a certificate within said one (1) year period shall create a conclusive presumption that such use is not a valid nonconforming use and such use shall be discontinued immediately following said one (1) year period; provided, however, that nothing contained in this section shall affect existing dwellings or interfere with the continued use, as a dwelling, or any dwelling lawfully existing at the time this Ordinance becomes effective, or prevent any alteration, repair or improvements as provided by Section 12.06 of this Ordinance.

Any use which is properly designated as a valid nonconforming use shall be automatically terminated on the happening of either of the following events:

(1)

Actual abandonment of said use;

(2)

Acquisition by the City of Livonia, by purchase, condemnation or otherwise, of private property for the removal of such valid nonconforming use, pursuant to Section 8 (3), Act 110, Public Acts of Michigan, 2006, MCL 125.3208, as amended.

After such termination, such nonconforming use may not thereafter be resumed or revived.

(1)

Nothing in this Ordinance shall prevent the restoration, repairing, or rebuilding of any valid nonconforming building or structure damaged by fire, explosion, act of God, or any act of the public enemy, subsequent to the effective date of this Ordinance, or shall prevent the continuance of the use of such building, or part thereof, as such use existed at the time of such impairment of such building or part thereof, provided said use has not been abandoned.

(2)

No nonconforming structure or use shall be changed unless the changed structure or use conforms to the Zoning Ordinance regulations for the district in which such structure or use is located. However, any vertical or horizontal retraction of a nonconforming structure or use is permitted, provided there is no vertical or horizontal expansion of the nonconforming portion of the structure or use.

(3)

No nonconforming use or structure shall be moved in whole or in part, for any distance whatsoever, to any other location on the same or any other lot unless the entire use and structure shall thereafter conform to the regulations of the zoning district in which it is located after being moved.

Nothing in this Ordinance shall prevent the repair, reinforcement, or reconstruction of a valid nonconforming building, structure, or part thereof existing at the effective date of this Ordinance, rendered necessary by wear and tear, deterioration or depreciation, provided such use, building, or structure has not been previously abandoned, nor shall any provision of this Ordinance prevent compliance with the provisions of any Building Code in effect in this City or the Housing Laws of Michigan relative to the maintenance of buildings or structures.

Notwithstanding the provisions of the preceding Sections above, inclusive, of this Ordinance, nothing in this Ordinance shall prevent:

(1)

The alteration, improvement, or rehabilitation of any valid nonconforming building which does not involve any increase in height, area, bulk, or change of use;

(2)

The strengthening or restoration of any building or wall declared unsafe by the Department of Inspection;

(3)

Any alteration, improvement or repair required by the Department of Health or the Department of Public Safety, or by any of the divisions of said departments, as necessary to the protection of the public health, safety, and welfare;

(4)

Any alteration, improvement, repair, or addition determined by the Department of Inspection to constitute full or partial compliance with the use requirements of the district in which the building in question is situated;

(5)

The conforming alteration, improvement, or repair of, or addition to any dwelling or any accessory building, including private garage, incidental to such dwelling; or

(6)

The erection of any conforming accessory building, including private garage, incidental to an existing dwelling.

Except as hereinafter provided, no building, structure, or premises or part thereof shall be used, altered, constructed, or reconstructed except in conformity with the provisions of this Ordinance which apply to the district in which it is located. The existence of nonconforming uses is hereby declared to be contrary to the best interests of the community and it is hereby declared to be the policy of the City as expressed in this Ordinance to discontinue nonconforming uses in the course of time, as circumstances permit, having due regard for the rights of all parties concerned. In order to accomplish the elimination of those nonconforming uses which constitute a nuisance or are detrimental to the public health and general welfare, the City of Livonia, pursuant to Section 8(3), Act 110, Public Acts of Michigan, 2006, MCL 125.3208(3), as amended, and Sections 11 and 15, Chapter IV of the Charter, may acquire by purchase, condemnation or otherwise private property for the removal of nonconforming uses and structures. The Council may in its discretion provide that the cost and expense of acquiring such private property be paid from general funds, or the cost and expense or any portion thereof be assessed to a special district.

The foregoing provisions relating to nonconforming uses shall also apply to buildings, structures, land, or uses which hereafter become nonconforming due to any reclassification of districts under this Ordinance or any subsequent change in the regulations of the Ordinance.