Negaunee City Zoning Code
NON-CONFORMING USES
§ 156.145 ALTERATIONS.
A non-conforming use is one that is restricted to an area that was non-conforming at the time this subchapter was enacted or amended, subject to the following provisions.
(A) No existing structure devoted to a use not permitted by this subchapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located except as otherwise provided herein.
(B) Any non-conforming use may be extended throughout any part of a building which was manifestly arranged or designed for such use and which existed at the time of adoption or amendment of this subchapter, but no such use shall be extended to occupy any land outside such building.
(C) If no structural alterations are made, any non-conforming use of a structure, or of a structure and premises may be changed to another non-conforming use provided that the Planning Commission, by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use. In permitting such change, the Planning Commission may require appropriate conditions and safeguards in accordance with the purpose and intent of this subchapter.
(D) Any structure, or structure and land in combination, in or on which a non-conforming use is superseded by a permitted use, shall thereafter conform to the regulations applicable to the district in which such structure is located, and the non-conforming use may not thereafter be resumed.
(E) When a non-conforming use of a structure, or of a structure and premises in combination, is discontinued or ceases to exist for 12 consecutive months, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(F) Where non-conforming use status applies to a structure and premises in combination, removal, or destruction of the structure shall eliminate the non-conforming status of the land.
(Prior Code, § 1284.01) (Ord. passed 11-12-2009)
§ 156.146 REPAIRS AND MAINTENANCE.
(A) On any building devoted in whole or in part to any non-conforming use, work may be done in any period of 12-consecutive months in the nature of ordinary repair or replacement of non-bearing walls, fixtures, wiring, or plumbing to an extent not to exceed 50% of the assessed value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this subchapter shall not be increased. Nothing in this subchapter 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, upon the order of such official.
(B) In the event that a building has been destroyed by fire or other calamity, the building may maintain its non-conforming use status if the building is rebuilt on the same footprint as the destroyed building within 12 months of the date of the calamity.
(Prior Code, § 1284.02) (Ord. passed 11-12-2009)
§ 156.147 HOME OCCUPATIONS.
Home occupations may be conducted within a single- or two-family dwelling unit in accordance with the following requirements.
(A) There shall be no exterior display other than one non-illuminated, non-projecting sign, which shall not be more than two square feet in area and which shall be attached to the wall of the building.
(B) Not more than one person who is not a resident of the dwelling shall be involved in the home occupation.
(C) A generally recognized retail store similar to those permitted in the Business Districts shall not be considered a home occupation.
(D) Home occupations shall not require exterior alterations or involve construction features not customary in dwellings, or required use of mechanical or electrical equipment which shall create a nuisance to the adjacent neighborhood.
(E) Off-street parking shall avoid conflicts with adjacent dwelling units and prevent congestion in the street. Home occupations shall not require a loading/unloading area.
(F) Instruction in a fine art, craft, or music shall be considered a home occupation.
(G) Not more than one-fourth of the living area of the dwelling unit and less than one-half of the living area of the main floor shall be devoted to the home occupation. No part of an accessory structure, either attached or detached shall be used. In no instance shall one or more home occupations in any single dwelling unit permanently occupy more than 300 square feet of the dwelling unit.
(H) A home occupation shall not create a nuisance or endanger the health, safety, welfare, or enjoyment of any other person in the area, by reason of noise, traffic, safety hazards, dirt, dust, gas, vibration, glare, fumes, odor, unsanitary or unsightly conditions, fire hazards, or the like, involved in or resulting from such home occupation.
(I) There shall be no outdoor storage of items supportive of the home occupation.
(J) Walk-in retail trade shall be prohibited. All wholesale, jobbing, or retail business shall be conducted entirely by mail, email, or telephone.
(K) All electrical motors and equipment used in the conduct of the home occupation shall be shielded so as not to cause radio or television interference for adjoining properties.
(L) Activities of a registered primary caregiver under the state’s Medical Marijuana Act to assist with a patient’s medical use of marijuana, other than growing marijuana plants for the patient, shall be considered a business and, if conducted from a residence in the R-1, R-2, or RR Districts, subject to this section on home occupations.
(Prior Code, § 1285) (Ord. passed 7-9-2012)