It is the intent of this Ordinance to permit legal non-conforming lots, structures, or uses to continue until they are removed.

11.1.1.

It is recognized that there exists within the districts established by this Ordinance uses which were lawful before this Ordinance was passed or amended which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendments. Such uses are declared by this Ordinance to be incompatible permitted uses in the districts involved. It is further the intent of this Ordinance that non-conformities shall not be enlarged upon, expanded, or extended, or be used as grounds for adding other structures or uses prohibited elsewhere in the same district, except as provided for herein.

11.1.2.

Nothing in this chapter shall prohibit the completion of construction and use of a non-conforming building for which a building permit has been issued prior to the effective date of this chapter, provided, that construction is commenced within ninety (90) days after the date of issuance of the permit, and that the entire building shall have been completed according to the plans filed with the application for permit within one (1) year after the date of issuance of the building permit.

11.2.1.

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this Ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Ordinance. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width, or both, of the lots shall conform to the regulations for the district in which such lot is located. Variance to yard requirements may be obtained through approval of the Board of Appeals.

11.2.2.

If two or more lots or combinations of lots and portions of lots with continuous frontage and single ownership are of record at the date of passage or amendment of this Ordinance, and if all or part of the lots do not meet the requirements for lot width and area as established by this Ordinance, the lands involved shall be considered to be an undivided parcel for the purpose of this Ordinance, and no portion of said parcel shall be used or occupied which does not meet lot width and area requirements established by this Ordinance, nor shall any division of the parcel be made which leaves remaining any lot with width or area below the requirements stated in this Ordinance.

Where, at the effective date of adoption or amendment of this Ordinance, lawful use of land exists that is made no longer permissible under the terms of this Ordinance as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

11.3.1.

No such non-conforming uses shall be enlarged or increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance.

11.3.2.

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

11.3.3.

If such non-conforming use of land ceases operation for a period of more than six (6) months, any subsequent use of such land shall conform to the regulations specified by this Ordinance for the district in which such land is located.

Where a lawful structure exists at the effective date of adoption or amendment of this Ordinance that could not be built under the terms of this Ordinance by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

11.4.1.

No such structure may be enlarged or altered in a way which increases its non-conformity.

11.4.2.

Should such structure be destroyed by any means to an extent of more than fifty (50) percent of replacement value at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this Ordinance.

11.4.3.

Non-conforming single-family residential and duplex structures are exempt from this section; however, application for a building permit shall be made within one year from the date of damage or destruction.

(Ord. No. 2007-04, § 1, 10-1-07)

If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of this Ordinance that would not be allowed in the district under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

11.5.1.

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

11.5.2.

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 Ordinance, but no such use shall be extended to occupy any land outside such building.

11.5.3.

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 pertaining to the uses permitted in the district in which such structure is located, and the non-conforming use may not thereafter be resumed.

11.5.4.

If such non-conforming use of land and/or structures ceases such use or is vacant for a period of more than six (6) months the use shall be considered abandoned and any subsequent use of such land shall conform to the regulations specified by this ordinance pertaining to the uses permitted in the district in which such land is located. Structures occupied by seasonal uses shall be excepted from this provision only so long as seasonal uses shall continue.

11.5.6[5].

If no structural alterations are made, any non-conforming use of structure, or structure and premises, may be changed to another non-conforming use of the same or a more restricted classification provided that the Board of Appeals, 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 Board of Appeals may require appropriate conditions and safeguards in accord with the purpose and intent of this Ordinance. Where a non-conforming use of a structure, land, or structure and land in combination is hereafter changed to a more restrictive classification, it shall not thereafter be changed to a less restricted classification.

11.5.7[6].

The following provisions shall apply to uses of record legally existing prior to October 29, 1991 in the MD-1, MD-2, C-1 and C-2 zoning districts. A legal existing use of record which may be considered non-conforming under the provisions of this ordinance dated October 29, 1991, shall remain legally conforming uses if:

A.

The proprietors of the property register as a use of record with the City within six months of legal notification by the City, and

B.

The business activity on the premise is continuous after the effective date of the amendments.

Should a change of use occur, the building become vacant for more than six (6) months, or the building is razed, demolished or destroyed for any reason after the effective date, then all provisions of the MD-1, MD-2, C-1, or C-2 zoning district regulations shall apply to the new proposed use.

On any building devoted in whole or in part to any non-conforming 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 replacement value of the building, provided that the cubic content of the building as it existed at the time of passage or amendment of this Ordinance shall not be increased.

There may be a change of tenancy, ownership, or management of any existing non-conforming uses of land, structures, and premises provided there is no change in the nature or character of such non-conforming uses except in conformity with the provisions of this Ordinance.

In accordance with Act 272, Public Acts of the State of Michigan of 1947, as amended (MCL 125.583a), the City Commission may acquire properties on which non-conforming buildings or uses are located, by condemnation or other means and may remove such uses or structures. The resultant property may be leased or sold for a conforming use or may be used by the city for a public use. The net cost of such acquisition may be assessed against a benefit district or may be paid from other sources of revenue.