It is the intent of this subchapter to permit the continuation of any lawful use of building or land existing as of the effective date of this chapter. Nonconformance with the provisions of this chapter is not in the best interest of the village and should be discontinued as circumstances permit. Any nonconforming building, structure or use shall not be enlarged or expanded and may be changed, repaired, or reconstructed only as prescribed by this chapter.

(Ord. passed 11-16-2020)

   Any nonconforming property in the village which is listed on the State or National Register of Historic Places is specifically excluded from any requirement of this section which would damage the historic character of the property. When any such property is the subject of any administrative decision, the input of the Michigan State Historic Preservation Officer shall be requested in writing not less than 30 days before any regulatory action may take effect.

(Ord. passed 11-16-2020)

   Nonconformities will be classified as "legal" or "illegal" based on the following guidelines. Regulation of nonconformities will vary based on their legality:

   (A)   Illegal nonconformities are those that have been developed in conflict with zoning regulations.

   (B)   Legal nonconformities are those that meet each applicable criterion listed below. Note that temporary signs are not considered legal nonconforming structures.

      (1)   The nonconformity existed legally before the effective date of this chapter.

      (2)   The nonconformity complied with the district regulations of the previous zoning ordinance or existed legally through a special use permit or variance.

(Ord. passed 11-16-2020)

   If a nonconforming use of land or structure ceases for any reason for a period of one year or more, any reuse of the land or structure must conform to all requirements of this chapter.

(Ord. passed 11-16-2020)

   No structure may be enlarged or structurally altered in such a way as to increase its nonconformity. A reduction of the degree of nonconformance in one respect is not permitted to offset an increase in the degree of nonconformance in another respect. For example, square footage may not be "traded" from one portion of a building to another. Nor may one nonconforming use be replaced by another unless the degree of nonconformance is reduced in some way.

(Ord. passed 11-16-2020)

   Nothing in this chapter shall prohibit the repair, improvement, or modernizing of a lawful nonconforming building to correct deterioration, obsolescence, depreciation, or wear. No repair may enlarge or structurally alter the structure in such a way as to increase the nonconformity. Residential structures undergoing repair for purposes of providing handicapped facilities are exempt from these requirements.

(Ord. passed 11-16-2020)

   The use of a lawful nonconforming building or structure may be changed only to another use that is less nonconforming. This use may or may not be a permitted use in that district. The determination of relative nonconformance of a proposed use with respect to the previous lawful nonconforming use shall be at the discretion of the Zoning Board of Appeals. The proposed use shall be subject to all the requirements applying to that use in the district, including parking, signage and all other aspects of the site. Where the use of a lawful nonconforming building or structure is changed to a less intensive lawful nonconforming use, it may not be changed back to the previous lawful nonconforming use or to another less intensive lawful nonconforming use.

(Ord. passed 11-16-2020)

   (A)   Reconstruction or repair can result in a complete removal or teardown of a structure provided the reconstruction or restoration work does not increase the footprint of the existing structure.

   (B)   All such restoration must be started within a period of one year of the time of such damage and diligently pursued to completion. The Zoning Board of Appeals may extend the period of time for restoration of any such building or structure when a bona fide emergency renders it impossible to make the restoration of the building or structure within the required time period. No fee shall be charged for an appeal to the Zoning Board of Appeals under the provisions of this section. Any basements, large holes, etc. remaining on the site after removal of the structure shall be filled in and leveled within 90 days of removal of the structure.

   (C)   Residential structures in the commercial district are exempt from these requirements.

   (D)   Residential structures undergoing reconstruction or restoration for purposes of providing handicapped facilities are exempt from these requirements.

(Ord. passed 11-16-2020)

   In any case where plans and specifications for a building or structure, which would conform with the zoning regulations prior to the date of this chapter or any amendment thereof have been filed, and where a building permit for such building or structure has been issued and construction work started at the effective date of this chapter or amendment, such work may proceed, provided it is completed within one year.

(Ord. passed 11-16-2020)

   Whenever changes occur in the boundaries of Zoning Districts, the provisions of this chapter shall apply to any uses or parcels that become nonconforming as a result of the boundary changes.

(Ord. passed 11-16-2020)

(Ord. passed 11-16-2020)

   In any district where residential dwellings are permitted, a single-family dwelling and the accessory buildings may be erected on any single legal lot of record at the effective date of adoption or amendment of this chapter. Yard dimensions shall conform to the regulations for the district in which the lot is located. No existing conforming lots may be changed to nonconforming lots.

(Ord. passed 11-16-2020)

   The village Zoning Administrator is hereby required to establish and maintain an inventory of legal nonconformities known to exist in the Village of Sebewaing. This inventory should not list illegal nonconformities. Illegal nonconformities are violations of the chapter and should be kept in the active files of the Zoning Administrator. In theory, the inventory of legal nonconformities should only expand if a Zoning Board of Appeals action allowing the nonconformity is issued. All listed properties shall also be identified on a large-scale map of the village which shall be available for public inspection. Each listing in the inventory of nonconformities shall include the following information:

   (A)   Date each parcel listed on inventory;

   (B)   Parcel identification number;

   (C)   Property address;

   (D)   Current owner(s);

   (E)   Property description;

   (F)   Parcel dimensions;

   (G)   Sketch with dimensions and setbacks of buildings, structures, and parking areas on the parcel;

   (H)   Current zoning district; and

   (I)   Current use of property.

(Ord. passed 11-16-2020)

   In accordance with, P.A.110 of 2006, as amended, the Michigan Zoning Enabling Act, the Village Council may from time to time, acquire properties on which nonconforming uses or structures are located, by condemnation or otherwise, and may remove such uses or develop the property for a public use. The net cost of such acquisition may be made a special assessment against a benefit district or may be paid from other sources of revenue legally available to the village.

 

(Ord. passed 11-16-2020)