Nonconformities are uses, structures, buildings, or lots that do not conform to one (1) or more provisions or requirements of the Zoning Ordinance or to any subsequent amendment, but which were lawfully established prior to the time of adoption of this Ordinance or amendment. Such nonconformities are not compatible with the current or intended use in the district where they are located. It is the intent of this Ordinance to permit such nonconformities to continue under certain conditions, but to discourage their expansion, enlargement, or extension. Accordingly, the purpose of this article is to establish regulations that govern the completion, restoration, reconstruction, extension, and/or substitution of nonconformities, and to specify the circumstances and conditions under which the nonconformities shall be permitted to continue.

The following table summarizes the nonconforming regulations contained in this Article:

For the purposes of this Article, the following words or phrases shall have the meaning ascribed to them:

A.

Effective Date.

Whenever this article refers to the "effective date," the reference shall be deemed to include the effective date of any amendments to this Ordinance if the amendments created a nonconforming situation.

B.

Nonconforming Structure.

A structure or portion thereof that does not meet the limitations on building size, location on a lot, or other regulations for the district in which such building is located.

C.

Nonconforming Lot.

A lot existing at the effective date of this Ordinance, or amendments thereto, that does not meet the minimum area or dimensional requirements of the district in which the lot is located.

D.

Nonconforming Sign.

A sign that on the effective date of this Ordinance does not conform to one (1) or more regulations set forth in the Ordinance.

E.

Nonconforming Structure.

A structure or portion thereof that does not meet the limitations on structure size, location on a lot, or other regulations for the district in which such structure is located.

F.

Nonconforming Use.

A use which was lawfully in existence at the effective date of this Ordinance or amendment thereto, and which does not now conform to the use regulations of this Ordinance for the zoning district in which it is now located.

G.

Structural Nonconformity.

A nonconformity that exists when the height, size, or minimum floor space of a structure, or the relationship between an existing building and other buildings or lot lines, does not conform to the standards of the district in which the property is located. Also sometimes referred to as a dimensional nonconformity.

The following regulations shall apply to all nonconforming uses, structures, buildings, and lots:

A.

Continuation of Nonconforming Uses, Structures, and/or Buildings.

A nonconforming use may be continued and shall not be considered to be in violation of this Ordinance, provided that the use, structure, and land involved shall neither be structurally altered nor enlarged, unless otherwise permitted by this Ordinance. Nothing in this Ordinance shall be deemed to prevent the strengthening or restoration of any nonconforming structure or part thereof to a safe condition when said structure is declared to be unsafe by an order of an official charged with protecting the public safety.

B.

Buildings Under Construction.

To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in plans, construction, or designated use of any structure on which physical construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance, and upon which actual building construction has been diligently continued. Physical construction is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner.

Where demolition or removal of an existing structure has been initiated preparatory to rebuilding or permanent construction, such work shall be deemed to be physical construction, provided that such work shall be continued diligently until completion of the structure involved.

C.

Discontinuation of Nonconforming Uses.

If any nonconforming use is discontinued, abandoned or ceases for any reason for a period exceeding 180 calendar days, any subsequent use of such land or structures and land in combination shall conform to the provisions set forth of the zoning district in which it is located. In applying this sub-section to uses that are typically seasonal in nature, any time related to the off-season for the use shall not be counted.

D.

Purchase or Condemnation.

Pursuant to Section 3a, Public Act 207 of 1921, as amended, the City may acquire (by purchase, condemnation or otherwise) private property for the purpose of removal of nonconforming uses or structures that constitute a nuisance or are detrimental to the public health, safety and welfare.

E.

Recording of Nonconforming Uses and Structures.

The Community Development Director shall be responsible for making determinations as to the existence of legal nonconforming uses and structures, and for maintaining a record of such uses and structures. Failure on the part of a property owner to provide the Community Development Department with necessary information to make such determinations may result in denial of required or requested permits.

F.

Establishment of a Conforming Use or Structure.

If a nonconforming use or structure is superseded by a conforming use or structure, the nonconformity shall be deemed to be immediately and permanently removed.

G.

Change of Tenancy or Ownership.

A change of tenancy, ownership or management of any existing nonconforming use or structure shall be permitted, provided there is no change in the nature or character of such nonconformity, which shall otherwise be maintained in compliance with this Ordinance.

H.

Exceptions and Variances.

Any use or structure for which an exception or variance has been granted shall not be deemed a nonconformity. Where a future amendment to this Ordinance causes a nonconforming situation regarding the exception or variance, the use or structure shall be deemed nonconforming as of the effective date of the Ordinance amendment.

I.

Unlawful Uses, Structures of Buildings.

Any use, structure or building that was unlawful at the time it was established shall not become a legal nonconformity because of the adoption or amendment of this Ordinance.

J.

Substitution of Use.

A nonconforming use may be changed to another nonconforming use upon review and approval of the Zoning Board of Appeals (ZBA), provided that no structural alterations are required to accommodate the proposed use, and that the proposed use is more conforming to the intent of the zoning district than the existing nonconforming use. In permitting such a change, the ZBA may require conditions upon the new use to accomplish the purposes of this Ordinance.

K.

Change of Location.

Should a nonconforming structure be moved to another parcel or another location on the same parcel for any reason whatsoever, it shall conform to the regulations for the zoning district in which it is then located.

The following regulations shall apply to any nonconforming lot of record or nonconforming lot described in a deed or land contract executed and delivered prior to the effective date of this Ordinance or amendment thereto:

A.

Use of Nonconforming Lots.

Any nonconforming lot shall be used only for a use permitted in the zoning district in which it is located.

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Ordinance, a single-family dwelling and accessory building(s) may be erected on any single lot of record in existence on the effective date of adoption or amendment thereto. This provision shall apply even though such single-family lot fails to meet the requirements for area or width, or both, provided that the lot can be developed as proposed without any significant adverse impact on surrounding properties or the public health, safety, and welfare.

B.

Variance from Area and Bulk Requirements.

If the use of a nonconforming lot requires a variation from the area or bulk requirements, then such use shall be permitted only pursuant to a variance granted by the ZBA.

C.

Combination of Nonconforming Lots.

The City Assessor may permit the combination, in whole or in part, of nonconforming lots of record into building sites that combine in dimensions less than the minimum requirements established by this Ordinance, provided that the combination of lots reduces the degree of nonconformity and results in a parcel that is capable of accommodating a structure or building that conforms with the building area, setback, and side yard requirements for the zoning district in which it is situated.

D.

Nonconforming Contiguous Lots Under the Same Ownership.

If two or more lots or combination of lots with contiguous frontage in single ownership are of record at the time of adoption or amendment of this Ordinance, and if all or parts of the individual lots do not meet the requirement established for lot width and area, the lots involved shall be considered to be an individual parcel for the purposes of this Ordinance. No portion of said parcel shall be used, occupied, or sold in a manner which diminishes compliance with lot width and area requirements established by this Ordinance, nor shall any division of a parcel be made which creates a lot with width or area less than the requirements stated in the Ordinance. These provisions shall not apply to contiguous lots in single ownership where each of the lots is occupied by an existing home.

No nonconforming use or structure shall be enlarged, extended, structurally altered or increased in intensity of use, except as specifically permitted by the regulations that follow:

A.

Applicability.

The following regulations shall apply to:

1.

Nonconforming uses of open land.

2.

Nonconforming use of structures designed for a conforming use.

3.

Nonconforming use of structures specifically designed for the nonconforming use not suitable for a conforming use.

4.

Buildings designed and used for a conforming use but not in conformance with Ordinance standards.

5.

Other nonconforming structures, including fences and signs.

B.

Enlargement, Extension, or Alteration.

1.

Increase in nonconformity prohibited. Except as specifically provided in this Section, no person may engage in any activity that causes an increase in the extent of any nonconformity. For example, physical alteration of structures or the placement of new structures on open land shall be prohibited where such activity would result in an increase in the total amount of space devoted to a nonconforming use, or greater nonconformity with the requirements of the zoning district in which the property is located.

2.

Permitted extension. Any nonconforming use may be extended throughout any part of a building that was 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. No nonconforming use shall be enlarged, increased, or extended to occupy a greater area of land, nor shall any such use be moved in whole or in part to any portion of the lot or parcel than was occupied on the effective date of this Ordinance or amendment thereto.

3.

Alterations that decrease nonconformity. Any nonconforming structure, or any structure or portion thereof occupied by a nonconforming use, may be altered if such alteration serves to decrease the degree of nonconformity. The Building Official shall determine if a proposed alteration decreases the degree of nonconformity.

4.

Variance to area and bulk requirements. If a proposed alteration is deemed reasonable by the Building Official by virtue of the fact that it would decrease the nonconforming nature of a structure or use, but the alteration requires a variation to area or bulk requirements, then such alteration shall not be permitted unless a variance is granted by the Zoning Board of Appeals.

C.

Repairs, Improvements, and Modernization.

1.

Required repairs. Repairs or maintenance deemed necessary by the Building Official to maintain a nonconforming structure in a structurally safe and sound condition shall be permitted. If a nonconforming structure or a structure occupied by a nonconforming use is declared physically unsafe by the Building Official, it shall not thereafter be restored, repaired, or rebuilt except in full conformity with the regulations of the zoning district in which it is located.

2.

Permitted improvements. Repairs, improvements or modernization of nonconforming structures shall be permitted, provided such repairs or improvements do not exceed the structure's pre-catastrophe state equalized value (SEV), as determined by the City Assessor. Any such repairs, improvements or modernization shall not result in enlargement of the cubic content of the nonconforming structure. The provisions of this subsection shall apply to all structures, except as otherwise provided in this Ordinance for single-family residential uses and for reconstruction of structures damaged by fire or other catastrophe.

D.

Damage by Fire or Other Catastrophe.

Any nonconforming structure or any structure occupied by a nonconforming use that is damaged by fire, flood or other means to a point where the cost of repairs would exceed the structure's pre-catastrophe state equalized value (SEV) (as determined by the City Assessor) shall not be rebuilt, repaired or reconstructed, except in complete conformity with the provisions of this Ordinance.

In the event that the cost of repairing the damage is less than the structure's pre-catastrophe state equalized value, the structure may be restored to its pre-catastrophe status.

Such restoration shall take place only upon approval of the Building Official, and all construction shall be in full compliance with applicable provisions of this Ordinance and other applicable City Codes. Any request for such rebuilding, repair, or restoration shall be made to the Building Official within 180 days following the catastrophe, and shall be completed within 365 calendar days from the date of the catastrophe or the date that a building permit is issued for the work, whichever is later.

The Community Development Director shall consider the following standards when there is uncertainty whether or not a nonconforming use has been removed, discontinued or otherwise ceased to occupy the land in question. Any determination by the Director may be appealed to the Zoning Board of Appeals (ZBA).

1.

Local, county or state government files or records show that the nonconforming use has ceased. Such evidence may include, but shall not be limited to permits, inspection reports, dated photographs or notarized statements of government officials, agents, representatives or employees.

2.

Dated telephone directories, or similar dated records that provide information about the occupants or uses located on a street by address or lot number, show that the nonconforming use has ceased. Such evidence may include, but shall not be limited to entries that show the address associated with the use as vacant or occupied by another use, or show the telephone number associated with the use as disconnected or in use at another location.

3.

Utility records, including, but not limited to providers of water, sewer, electric, natural gas or telecommunications service, show that the nonconforming use has ceased. Such evidence may include, but shall not be limited to records indicating that the address of the use is vacant or occupied by another use, the utility service associated with the use has been disconnected or the business, organization or individual associated with the use has moved to another location.

4.

Dated advertising or other information published in a newspaper or magazine show that the nonconforming use has ceased. Such evidence may include, but shall not be limited to advertisements, articles, features or photographs that address the use of the land in question.

5.

Dated aerial photos from Wayne County or other sources as accepted by the Director or ZBA show that the nonconforming use has ceased.

6.

Other relevant information shows that the nonconforming use has ceased. Such evidence may include, but shall not be limited to date-stamped photographs, diary or log entries, affidavits or notarized statements.