The intent of this article is to regulate an existing use, structure, or lot, or any combination thereof, which does not conform to the terms and conditions provided in this chapter. Further this article intends to allow the continuation of lawful nonconforming uses while securing the gradual elimination of all such uses over time. It is recognized that lots, structures, and uses of land and structures exist which were lawful before this chapter was adopted, or amended, and which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments.

(Ord. No. 152, 5-1-2006)

On any lot legally created and recorded prior to the effective date of this chapter, or an amendment thereof, which is made non-compliant with the requirements for lot area, lot width, or lot depth-to-width ratio prescribed by this chapter and chapter 74, a single-family dwelling and customary accessory structures may be erected, provided that:

   (1)   Single-family dwellings are permitted by right in the applicable zoning district.

   (2)   All other requirements for the applicable zoning district are met.

   (3)   No adjacent lot or undeveloped land is owned by the owner of the lot in question.

(Ord. No. 152, 5-1-2006)

Where a lawful use of land exists on the effective date of this chapter, or an amendment thereof, that is made no longer permissible under the requirements of this chapter, such use may be continued, so long as it remains otherwise lawful, and provided no such nonconforming use, structure, or lot shall be enlarged, increased or extended.

(Ord. No. 152, 5-1-2006)

Where a lawful structure exists on the effective date of this chapter, or an amendment thereof, that is made no longer permissible under the requirements of this chapter by reason of dimensional restrictions on lot area coverage, height, yards or other characteristics of the structure or 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, but the use of a structure and/or the structure itself may be changed or altered to a use permitted in the district in which it is located, provided that all such changes are also in conformance with the requirements of the district in which it is located.

   (2)   Should such a structure be destroyed by any means to an extent equivalent to more than 50 percent of twice the state equalized value (SEV) at the time of destruction, it shall be reconstructed only in conformance with the provisions of this chapter except that a nonconforming structure used as a single-family dwelling may be reconstructed as a single-family dwelling provided the nonconformity is not enlarged or increased.

   (3)   Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(Ord. No. 152, 5-1-2006)

In any nonresidential district, notwithstanding other requirements of this chapter, a nonconforming use may be changed to another nonconforming use of the same or a lesser intensity of use, provided that no structural alterations are made and that a special use permit is granted in accordance with article VI of this chapter.

(Ord. No. 152, 5-1-2006)

On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12-consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 50 percent of twice the state equalized value (SEV) of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this chapter shall not be increased. Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety.

(Ord. No. 152, 5-1-2006)

As long as there is no change in the characteristics or increase in the intensity of the nonconforming use, a change of tenancy or ownership is allowed.

(Ord. No. 152, 5-1-2006)

Whenever the boundaries of a zoning district shall be changed, the provisions of this article shall also apply to any existing uses that become nonconforming as a result of the boundary changes.

(Ord. No. 152, 5-1-2006)

Nonconforming buildings or structures may be structurally changed, altered, or enlarged in a way which increases nonconformity only with the approval of a variance by the zoning board of appeals in accordance with the provisions of article XI of this chapter and Section 5 of the City and Village Zoning Act (MCL 125.585). When considering such a request, the proofs the board shall accept as proof of practical difficulty, shall include the following:

   (1)   A board finding that failure to grant the relief requested would unreasonably restrict continued use of the property or would restrict valuable benefits that the public currently derives from the property as used in its nonconforming status.

   (2)   A board finding that the subject structure possesses historical significance and that the requested variance is necessary to maintain or enhance the utility or safety of the structure.

(Ord. No. 152, 5-1-2006)

Uses of structures or land existing on June 10, 2001 that were established without approval of zoning compliance or without a valid building permit or special use permit, and those uses which cannot be proved conclusively as existing prior to the effective date of this chapter shall be declared illegal uses and are not entitled to the status and rights accorded legally established nonconforming uses.

(Ord. No. 152, 5-1-2006)

(a)   A nonconforming use, land, or structure which is discontinued for 12-consecutive months shall lose its nonconformity status, shall not be resumed and shall thereafter only be used in a manner which meets all the provisions of the district in which it is located.

(b)   Failure to continue to use any nonconforming land or structure for 12-consecutive months, shall be prima facie proof of an intention to legally abandon the nonconformity.

(c)   If a nonconformity is in probate, foreclosure or bankruptcy, and during the period of probate, foreclosure or bankruptcy the use is abandoned, such period of abandonment shall not be used to calculate the time described in subsections 94-331(a) and 94-331(b) hereof, up to a maximum of three years.

(Ord. No. 152, 5-1-2006)

Any decision regarding any nonconformity may be appealed to the zoning board of appeals within the time limits and according to the procedures provided by article XI of this chapter.

(Ord. No. 152, 5-1-2006)