Any lawful use of the land and/or of building existing at the time adoption of Ordinance No. 92, March 25, 1956, or this Ordinance or amendments thereto, and located in a district in which it would not be permitted as a new use under the regulation of this Ordinance, is hereby declared to be a "nonconforming use" and not in violation of this Ordinance, provided, however, that a nonconforming use shall be subject to, and the owner comply with, the regulations in this Section. Further, nonconforming structures and nonconforming lots of record also shall be subject, and the owner shall comply with, the regulations in this Section.

Where at the time of adoption of Ordinance No. 92, March 25, 1956, or this Ordinance or amendments thereof, lawful use of land exists which would not be permitted by the regulations imposed by this Ordinance, and where such use involves no individual structure with a State Equalized valuation exceeding five hundred dollars ($500.00) the use may be continued so long as it remains otherwise lawful, provided:

A.

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land that was occupied at the time of adoption of Ordinance No. 92.

B.

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than occupied by such use at the effective date of adoption or amendment of this Ordinance.

C.

If any such nonconforming use of land ceases for any reason for a period of more than one (1) year, such land shall conform to the regulation specified by this title for the district in which such land is located.

D.

No structure not conforming to the requirements of this Ordinance shall be erected in connection with such nonconforming use of land.

If a lawful use involving individual structures with a State Equalized Valuation of five hundred dollars ($500.00) or more, or if structure and premises in combination, exists at the time of adoption of Ordinance No. 92, March 25, 1956, or this Ordinance or amendments thereto that would not be allowed in the district under the terms of this Ordinance, the lawful use may be continued as long as it remains otherwise lawful, subject to the following provisions:

A.

No existing structure devoted to a use not permitted by this Ordinance in the zone 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.

B.

Any nonconforming use may be extended throughout any parts of a building that were manifestly arranged or designed for such use at the time of adoption or amendment of this Ordinance, but no such use shall be extended to occupy any land outside such building.

C.

If no structural alterations are made, any nonconforming use of structure, or structure and premises, may be changed to another non-conforming use provided that the proposed use is equally appropriate to the zone as the existing nonconforming use, as determined by the Zoning Board of Appeals. Whenever a nonconforming use has been changed to a use permitted to a zone of greater restrictions, it shall not thereafter be changed to a nonconforming use.

D.

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the entire structure shall eliminate the nonconforming status.

E.

Any use which is a lawful accessory use shall become a nonconforming use and subject to provisions of the Section at such time as the principle use to which the accessory use was incidental terminated of the accessory use, because of a sale of the land or building containing the principle use or for other reason, is no longer incidental to a principle permitted use.

The following regulations shall apply to nonconforming residential lots:

A.

Instance where Zoning Board of Appeals action is not required:

1.

Any residentially zoned lot that was of record at the time of adoption of this Ordinance that does not meet the requirements of this Ordinance or amendments thereto for overall lot area, lot width, road frontage, and/or lake frontage, shall be considered conforming for single family residential purposes provided the area, width, and frontages are not less than seventy-five percent (75%) of that required by the Ordinance.

2.

The lot area and lot width requirement specified in the Schedule of Regulations shall not be applicable to any lot of record in Zone 1 and 3 created by a plat recorded prior to March 25, 1956, provided that said lot contains at least ten thousand (10,000) square feet and has a road frontage of not less than sixty-five (65') feet. For the purpose of this provision only, lots whose method of ingress and egress is by way of an easement rather than a public or private street or lane, said easement shall be considered a public or private street or lane for determining road frontage. The purpose of this provision is to permit utilization of a recorded lot that lacks adequate area and/or width provided reasonable living standards can be provided.

3.

Proposals to add onto or modify an existing home on a nonconforming lot shall not require Zoning Board of Appeals action, provided that any proposed expansion complies with the minimum dimensional requirements of the Ordinance.

B.

Instance where Zoning Board of Appeals action is required:

1.

A proposal to construct a new home on a nonconforming lot where the nonconforming lot cannot satisfy the criteria in sub-section A.2 above.

2.

Proposals to divide a lot where one or more of the resulting lots would be nonconforming with respect to lot area, lot width, road frontage, and/or Lake Frontage.

C.

Nonconforming Contiguous Lots under the Same Ownership. Where two or more adjacent lots are in single ownership and, where one or both of the individual lots do not meet the requirements in the Schedule of Regulations (Article XIII) for lot width or area, then the lots involved shall be considered to be a single zoning lot for purposes of this Ordinance. No portion of said zoning lot shall be built upon, sold or divided in any manner that diminishes compliance with lot width and area requirements in Article XIII of this Ordinance.

Where a lawful structure exists at the date of adoption of Ordinance No. 92, March 25, 1956, or this Ordinance or amendments thereto that could not be built under the terms of this Ordinance by reasons of restrictions on area, lot coverage, height, yards, its location on the lot or other requirements concerning the structure, such structure may be continued as long as it remains otherwise lawful, subject to the following provisions:

A.

No such nonconforming structure may be enlarged or altered in a way that increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

B.

Should such structure be moved for any reason whatsoever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

On any nonconforming structure, or structure containing a nonconformity use, work may be done in any period of twelve (12) consecutive months on ordinary repairs, or on repair or replacement of non-bearing walls, fixtures, wiring or plumbing, to an extent not exceeding fifty (50%) percent of the current State Equalized Valuation (SEV) of the nonconforming structure or the nonconforming portion of the structure, as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased. If a nonconforming structure or structure containing a nonconforming use becomes structurally unsafe or unlawful due to a lack of repairs and maintenance, and it is declared by the Building Official to be unsafe or unlawful of physical condition, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the zone in which it is located.

BUILDINGS AND STRUCTURE: Nothing in this Ordinance shall prevent the reconstruction, repair or restoration and the continued use of any nonconforming building or structure damaged by fire, collapse, explosion, Acts of God or Act of Public enemy, subsequent to the effective date of this Ordinance wherein the expense or such reconstruction does not exceed one hundred percent (100%) of the current State Equalized Valuation of the entire building or structure at the time such damage occurred; provided that such valuation shall be subject to the approval of the Building Official, whose decision shall be subject to Zoning Board of Appeals and provided that such restoration and assumption shall take place within six (6) months of the time of such damage and that it be completed within one (1) year from the time of such damage, and provided further, that said use be identical with the nonconforming use permitted and in effect directly preceding said damage. Where pending insurance claims require an extension of time, the Building Official may grant a time extension provided that the property owner submits a certification from the insurance company attesting to the delay. Until such time as the debris from the fire damage is fully removed, the premises shall be adequately fenced or screened from access by the public who may be attracted to the premises.

When nonconforming use of land is discontinued through vacancy, lack of operation or other similar condition for a period of thirty (30) days or more, or when a nonconforming use of any existing building is discontinued through vacancy, lack or operation or other similar condition for a period of six (6) months or more, thereafter no right shall exist to maintain on said property a nonconforming use of land or of building unless the Zoning Board of Appeals grants such privilege within thirty (30) days or six (6) months respectively after such discontinuance. No nonconforming use of land or of a building, if changed to a use permitted in the district in which it is located, shall be resumed or changed back to a nonconforming use.

The use of a nonconforming building or structure may be changed to another use permitted in the most restricted zone in which such nonconforming use is permitted. Where the use of a nonconforming building or structure is hereafter changed to use permitted in a more restricted zone, it shall not thereafter be changed to a use that is not permitted in a more restricted zone. The proposed use shall be subject to all the requirements applying to such proposed use in the most restricted zone in which the nonconforming use to be changed is permitted.

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

The Planning Commission may 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 Ordinance and the removal of such use or structure. The Planning Commission shall submit its reasons and estimates of cost and expense of such acquisition and removal of the nonconforming structure and probable resale price of the property to be acquired after removal of the nonconforming structure as obtained from the appropriate City department, board or commission. The Planning Commission shall recommend that portion of the difference between the estimated cost of acquisition and removal of the nonconforming structure and the probable resale price that in their opinion should be assessed against a benefited district. Whenever the City Council has under advisement the acquisition by purchase, condemnation or otherwise as provided by law of any nonconforming building, structure or use, a preliminary public hearing thereon shall be held before the City Council. Not less than fifteen (15) days before the hearing, a notice of time, place and purpose of such public hearing shall be published in a paper circulating in the City and the City Clerk shall send by mail addressed to the respective owners of any such properties at the addresses given in the last assessment roll, a written notice of time, place and purpose of such hearing. If the cost and expense or any portion thereof is to be assessed to a special district, the City Assessor shall be directed to furnish the City Council with a tentative special assessment district and the plan of assessment, the names of the respective owners of the property in such district and addresses of such owners in the last assessment roll. The City Clerk also shall send the notice to the respective owners in the tentative assessment district.

Whenever the City Council, after a public hearing, shall declare by the adoption of an Ordinance supported by at least five (5) affirmative votes that proceed the acquisition of any property on which is located a nonconforming building, structure or use in accordance with the laws of the State, the Charter, this Ordinance and other applicable ordinance of the City, the City Clerk shall send by registered mail a certified copy of such resolution to the respective owners of the properties and to the owners of the properties in any special assessment district, at address given in the last assessment roll.

Upon the passing of title to the private property to the City, the City Council shall cause the discontinuance or removal of the nonconforming use or the removal, demolition or remodeling of the nonconforming structure. The City Council shall thereafter order such property sold or otherwise disposed of, but only for a conforming use. The City Council shall confirm the cost and expense of such project and report any assessable cost to the City Assessor, who shall then prepare an assessment roll in the manner provided for in the Charter and other applicable ordinances for the City. Such as assessment roll may, in the discretion of the City Council, be in one (1) or more, but not to exceed five (5) annual installments.

A.

At any time after the adoption of this Ordinance should the City become aware of a nonconforming use, the owner of said nonconforming use shall be notified by the City clerk of the provisions of this Section, and that this property constitutes a nonconforming use. Within thirty (30) days after receipt of said notice, the owner shall apply for and may be issued a Certificate of Occupancy by the Building Official for the nonconforming use. The application for such Certificate shall designate the location, nature and extent of the nonconforming use and such other details as may be necessary for the issuance of the Certificate of Occupancy. If the owner of a nonconforming use fails to apply for a Certificate of Occupancy within thirty (30) days after receipt of the foregoing notice, the use ceases to be nonconforming and is hereby declared to be in violation of this Ordinance. The City Clerk and the City Attorney shall take appropriate action to enjoin such violation.

B.

If the Building Official shall find, upon reviewing the application of Certificate of Occupancy, that the existing use is illegal or in violation of any other ordinance or law, or, if he finds that the building for which the Certificate is requested has been constructed or altered for the existing use or any other use without full compliance with the Michigan Construction Code or this Ordinance in effect at the time of construction or alteration, he shall not issue the Certificate of Occupancy, but shall declare such use to be in violation of this Ordinance.

C.

Within six (6) months after the adoption of this Ordinance or any amendments thereto, the Building Official shall prepare a record of all known nonconforming uses and occupations of lands, buildings and structures, including tents and mobile homes, existing at the time of this Ordinance or amendments thereto. Such record shall contain the names and addresses of the owners of record 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. Such list shall be available in the office of the City Clerk.

D.

Notwithstanding the above, in the event that the Building Official or the City Clerk do not notify the owner(s) of a nonconforming use and make a record of same, such omission does not cause the use to become conforming, nor grant to said owner(s) any greater status for said use or property than would be the case had such a notification and record occurred.

In any case where plans and specifications for a building or structure have been filed, which would conform with the zoning regulations effective at the date of such filing, but not with the regulations of this Ordinance, and where a building permit for such building or structure has been issued and construction work started at the effective date of this Ordinance, such work may progress, provided it is completed within one (1) year of said date.