A.

It is recognized that there may exist within zoning districts certain lots, buildings, structures, and uses which were lawful before this ordinance was passed or amended, which would be prohibited, regulated, or restricted under the terms of this ordinance. It is the intent of this ordinance to permit legal nonconforming lots, buildings, structures, and uses to continue until they are removed, but not to encourage their survival.

B.

Non-conforming lots, buildings, structures, and uses are declared by this ordinance to be incompatible with permitted uses in the districts in which they are located. It is the intent of this ordinance that these nonconformities shall not be enlarged upon, expanded, or extended, nor be used as grounds for adding other buildings, structures or uses prohibited elsewhere in the district.

C.

Nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any building on which actual 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 conducted.

D.

Nothing in this ordinance shall be interpreted as authorization for, or approval of, the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the adoption of this ordinance.

A.

No nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of the adoption or amendment of this ordinance.

B.

No part of any nonconforming use shall be moved unless such movement eliminates the non-conformity.

C.

If a nonconforming use is abandoned for any reason for a period of more than one year, any subsequent use shall conform to the requirements of this ordinance. A nonconforming use shall be determined to be abandoned if one or more of the following conditions exists, and which shall be deemed to constitute an intent on the part of the property owner to abandon the nonconforming use:

1.

Utilities, such as water, gas and electricity to the property, have been disconnected;

2.

The property, buildings, and grounds, have fallen into disrepair;

3.

Signs or other indications of the existence of the nonconforming use have been removed;

4.

Equipment or fixtures necessary for the operation of the nonconforming use have been removed;

5.

Other actions have occurred, which in the opinion of the zoning administrator, constitute an intention of the part of the property owner or lessee to abandon the nonconforming use.

D.

A nonconforming use may be changed to another nonconforming use; provided, all of the following determinations are made by the zoning administrator:

1.

The proposed use shall be as compatible or more compatible with the surrounding neighborhood than the previous nonconforming use. Factors such as number of employees, truck traffic, hours of operation, noise, and lighting shall be considered in making the determination.

2.

The proposed nonconforming use shall not be enlarged or increased, nor extended to occupy a greater area of land than the previous nonconforming use.

3.

That appropriate conditions and safeguards are provided that will ensure compliance with the intent and purpose of this ordinance.

A.

Where a lawful building or structure exists at the effective date of this ordinance, or an amendment thereto, that does not comply with the requirements of this ordinance because of restrictions such as lot area, coverage, width, height, or setbacks, such building or structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

1.

No building or structure may be enlarged or altered in a way that increases its nonconformity, except in cases in which the setback of a building or structure is nonconforming by 50 percent or less of the distance required by this ordinance. Only in these cases may the building or structure be extended along the same plane as the existing nonconforming setback, provided that in so doing, the setback itself is not further reduced.

2.

Should a nonconforming building or structure be destroyed to an extent of more than 60 percent of its replacement value, exclusive of the foundation, it shall be reconstructed only in conformity with the provisions of this ordinance; provided, the Board of Zoning Appeals may, upon application, permit the reconstruction of such nonconforming building or structure if all of the following conditions are met:

a.

The prior nonconforming condition(s) shall not be increased.

b.

All building materials and architectural details shall be substantially the same as those of the prior building or structure.

c.

The new building or structure shall be placed on the original foundation.

d.

The application to reconstruct the nonconforming building or structure was filed with the zoning administrator within six months of the event in which the building or structure was damaged or destroyed.

e.

The reconstruction of the building or structure shall not be detrimental to adjacent property and the surrounding neighborhood.

B.

Should a nonconforming building or structure be moved for any reason and for any distance, it shall be moved to a location which complies with the requirements of this ordinance.

C.

None of the provisions of this section are meant to preclude normal repairs and maintenance on any nonconforming building or structure that would prevent strengthening or correcting of any unsafe condition of the building or structure.

A.

Where a residential lot of record in existence at the time of the adoption or amendment of this ordinance does not meet the minimum requirements for lot width or lot area, such lot of record may be used for any purposes permitted by the district in which the lot is located, provided that any building or structure constructed on the lot complies with all yard setback requirements.

B.

If two or more lots of record or combination of lots and portions of lots of record, in existence at the time of the passage of this ordinance, or an amendment thereto, with continuous frontage and under single ownership do not meet the requirements established for lot width or lot area, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance, and no portion of such parcel shall be used or divided in a manner which diminishes compliance with lot width and area requirements established by this ordinance. If such a lot is used, it shall lose its legal nonconforming status.

Where a nonconforming front yard setback, parking lot setback, or greenbelt depth is created as a result of additional street right-of-way width being acquired by a public street agency, the building or parking lot may be improved or expanded without the need to obtain a variance from the Zoning Board of Appeals, provided the following conditions are met.

A.

The building or parking lot complied with the front yard setback prior to the acquisition of the additional street right-of-way;

B.

The building or parking lot expansion will not reduce the depth of the established front yard setback; and

C.

All other requirements of this chapter are met, and necessary approvals obtained.

In accordance with the Michigan Zoning Enabling Act, the city may acquire, through purchase or condemnation, private nonconforming, buildings, structures, or land. The City Council may make this purchase of private property in the manner provided for by law.