This article is established for the following purposes:

(a)

Recognition. To recognize that within the districts established by this chapter there exist lots of record, structures, sites and uses of land that were lawful prior to the effective date of adoption or amendment of this chapter but would be incompatible with permitted uses in the district and are therefore prohibited, regulated, or restricted under the terms of this chapter.

(b)

Determinations. To provide procedures for determining whether a use of land is conforming, nonconforming or illegal in the district where it is located, or whether an existing nonconforming use of land has ceased, and to establish reasonable standards for making such determinations.

(c)

Regulation. To regulate the use and development of nonconforming lots of record, the completion, restoration and reconstruction of nonconforming structures, the re-development and improvement of nonconforming sites, the extension, enlargement and substitution of nonconforming uses of land, and the circumstances and conditions under which nonconformities shall be permitted to continue.

(d)

Termination. To require the termination and removal of illegal structures or uses of land.

(e)

Establish classifications. To recognize that certain nonconformities may not have a significant adverse impact upon nearby properties or the public health, safety and welfare. Accordingly, this article establishes two (2) classes of nonconforming structures and uses of land. Class A nonconforming status may be granted by the City, allowing the property or use to be perpetuated and improved subject to specific conditions designed to enhance the character of the neighborhood and to protect adjacent properties. Class B nonconformities are not desirable and the intent of this article is to eliminate Class B nonconformities as rapidly as possible.

(f)

The further purpose of this article is to permit the four types of nonconformities (uses of land, structures, lots of record and sites) to continue until they cease or are removed, and to:

(1)

Uses of land. (Sec. 98-51) Eliminate nonconforming uses of land that are incompatible with and more intense than permitted uses in a particular zoning district, or to encourage their redevelopment into more compatible land uses.

(2)

Structures. (Sec. 98-52) Permit construction that was lawfully begun prior to the adoption or amendment of this Ordinance and diligently carried on until completion without change in the plans, construction or designated use of the development.

(3)

Lots of record. (Sec. 98-53) Address the circumstances under which lots of record may be developed that do not conform to current ordinance standards.

(4)

Sites. (Sec. 98-54) Encourage the upgrading of sites that were developed in compliance with the standards in force at the time of their construction, but which do not meet the current site design standards of this chapter.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

All nonconforming uses shall be classified as Class B nonconforming uses at adoption of this chapter. The planning commission, City council, Development Services Department, or any person with a property interest may submit an application for designation as a Class A nonconforming use.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

It is the intent of this section to recognize that certain nonconforming structures and uses of land may not have a significant adverse impact upon nearby properties or the public health, safety and welfare, and to allow the planning commission to establish a "Class A" nonconforming status for these nonconforming structures or uses of land, subject to the following procedure and standards:

(a)

Procedure. The procedure for considering all Class A nonconforming designations shall be as follows:

(1)

Application. Applications for consideration of a Class A designation for a nonconforming structure or use of land may be initiated by the City, or by the owner, operator or person having beneficial use of the lot occupied by the nonconforming structure or use of land. The application shall include the applicant's name, address and telephone numbers, and the reasons for the request.

(2)

Public hearing. A public hearing shall be held for all requests for a Class A nonconforming designation in accordance with the procedures set forth in Sec. 98-28.

(b)

Conditions for approval of a Class A designation. Subsequent to a public hearing, the planning commission may grant a Class A designation upon finding that all of the following conditions exist:

(1)

The structure or use of land is nonconforming as defined in this chapter.

(2)

No useful purpose would be served by strictly applying the requirements for a Class B nonconformity under this chapter.

(3)

The nonconforming use is benign or limited in scope, such that it does not materially undermine the goals of the zoning district in which it is located.

(4)

There is no practical difference in impact between the current nonconforming use and a conforming use of similar intensity, scale, or character.

(5)

Requiring Class B treatment would create an unnecessary burden on the property owner without corresponding public benefit, for example, by requiring an extensive public hearing process for a long-established, low-impact use.

(6)

The use is compatible with surrounding uses, and there is no substantial evidence of harm, nuisance, or incompatibility justifying additional regulatory scrutiny.

(7)

The use has demonstrated stable operation over time, including a record of compliance with applicable health, safety, and property maintenance regulations.

(c)

Effect of approval of a Class A designation. Class A nonconformities shall be permitted to be perpetuated and expanded in accordance with an approved site plan, subject to the provisions of this section and any conditions of approval. Class A nonconforming structures shall be permitted to be perpetuated, expanded, improved or rebuilt if damaged or destroyed in accordance with an approved site plan, subject to the provisions of this section and any conditions of approval.

(d)

Effect of denial of a Class A designation. An application for a Class A designation that has been denied by the planning commission may not be appealed to the zoning board of appeals but may be resubmitted for planning commission consideration after a minimum of three hundred sixty-five (365) days have elapsed from the date of denial.

(e)

Cessation or removal of Class A nonconforming structures or uses of land.

(1)

When a Class A nonconforming structure is permanently removed, or when a Class A nonconforming use of land is replaced by a conforming use, the designation shall be deemed removed. Any subsequent structure or use of land shall conform to ordinance provisions for the district where it is located.

(2)

No Class A nonconforming structure or use of land shall be resumed if it has been discontinued for six (6) consecutive months.

(f)

Rescinding approval of a Class A designation. Failure of the owner, operator or person having beneficial use of a lot occupied by a Class A designated nonconforming structure or use of land to maintain or improve the site in accordance with the provisions of this section, an approved site plan or any conditions of approval shall be grounds for the planning commission to rescind the Class A designation. Such action shall be subject to the following.

(1)

Public hearing. Such action may be taken only after a public hearing has been held in accordance with the procedures set forth in Sec. 98-28, at which time the owner, operator or person having beneficial use of land occupied by a Class A designated nonconforming structure or use of land shall be given an opportunity to present evidence in opposition to rescission.

(2)

Determination. Subsequent to the hearing, the decision of the commission with regard to the rescission shall be made and written notification provided to said owner, operator or person having beneficial use of land occupied by a Class A designated nonconforming structure or use of land.

(g)

Existing residential dwellings. Residential dwellings, which are so used and so existing in non-residential zoning districts before the effective date of adoption or amendment of this chapter, are hereby designated as Class A nonconforming uses of land. Such dwellings and accessory structures may be used, repaired, expanded and replaced if destroyed, subject to the following conditions:

(1)

Any expansion of the dwelling or accessory structures shall conform to all applicable yard dimensions, setbacks and other requirements specified in this chapter for the same type of residential dwelling or structure.

(2)

The addition of detached accessory structures greater than four hundred (400) square feet in area, must be reviewed and approved as an administrative site plan, consistent with the procedures detailed in Sec. 98-32.

(3)

If an existing structure is destroyed, any replacement dwelling or accessory structure shall conform to all applicable yard dimensions, setbacks and other requirements specified in this Ordinance the same type of residential dwelling or structure.

(4)

The use of the dwelling and associated parcel of land shall be maintained in conformance with the use provisions specified in this Ordinance for the same type of residential dwelling or structure.

(5)

The use, dwelling and accessory structures shall be maintained in conformance with all other applicable federal, state, county and City laws, ordinances, regulations and codes.

(h)

Existing two-family dwellings. Two-family dwellings, which are so used and so existing in one-family residential zoning districts before the effective date of adoption or amendment of this Ordinance, are hereby designated as Class A nonconforming uses of land. Such dwellings and accessory structures may be used, repaired, expanded and replaced if destroyed, subject to the following conditions:

(1)

The two-family dwellings must be an existing use on the subject property at the time of this code amendment adoption.

(2)

Must have the overall appearance of a single-family dwelling including, but not limited to, such items as: architectural design, roof design, garages and driveways.

(3)

Any expansion of the dwelling or accessory structures shall conform to all applicable yard dimensions, setbacks and other requirements specified in this Ordinance for a single-family dwelling.

(4)

If an existing structure is destroyed, any replacement dwelling or accessory structure shall conform to all applicable yard dimensions, setbacks and other requirements specified in this Ordinance for a single-family dwelling or structure.

(5)

The use of the dwelling and associated parcel of land shall be maintained in conformance with the use provisions specified in this Ordinance for the same type of residential dwelling or structure.

(6)

The use, dwelling and accessory structures shall be maintained in conformance with all other applicable federal, state, county and City laws, ordinances, regulations and codes.

(i)

Conditions of Class A designation. The planning commission may attach reasonable conditions to a Class A nonconforming designation, including the following:

(1)

Signs. If the application was initiated by the by the owner or person having beneficial use of the lot occupied by the nonconforming structure or use of land, the planning commission may require that all signs on the structure or land in question be brought into compliance with the City's sign regulations.

(2)

Plan for site improvements. If the application was initiated by the by the owner or person having beneficial use of the lot occupied by the nonconforming structure or use of land, the planning commission may require that a site plan for improvements be submitted for review that addresses the priorities for site improvements listed in Sec. 98-54.

(3)

Other conditions. The planning commission may attach conditions to the approval to assure that the structure or use of land does not become contrary to the purpose of this article and chapter, or the public health, safety and welfare.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

All nonconforming uses of land that have been designated as "Class A" by City action shall not be subject to the requirements of this Sec. 98-51, but rather shall be subject to the provisions of Sec. 98-50 (Class A nonconforming designation). Nonconforming uses of land not designated "Class A" shall be considered "Class B" and shall be allowed to continue after the effective date of the ordinance from which the chapter derives or amendments thereto, subject to the requirements of this Sec. 98-51.

(a)

Class B nonconforming uses of land shall be allowed to continue after the effective date of this chapter or amendments thereto, subject to the following conditions:

(1)

Compliance with other applicable standards. The owner, operator or person having beneficial use of land occupied by a Class B nonconforming use of land shall demonstrate that the use is maintained in compliance with all applicable federal, state, county and City laws, ordinances, regulations and codes, other than the use regulations of this chapter for the district where the use is located. Failure to do so, or failure to bring the use into compliance with current laws, ordinances, regulations and codes within one hundred eighty (180) days of their effective date, shall constitute grounds for the City to seek court approval to terminate or remove the use at the owner's expense.

(2)

Expansion prohibited. The use shall not be enlarged, increased in intensity, extended to occupy a greater area of land or building floor area, or moved in whole or in part to any other portion of the lot or structure. No additional signage shall be permitted.

(3)

Additional structures prohibited. No additional structures may be constructed in association with a Class B nonconforming use of land. If a structure associated with a Class B nonconforming use is removed, or damaged by any means to an extent that the repair cost is greater than the state equalized value of the property, the nonconformity shall be deemed removed and subsequent uses of such land shall conform to ordinance provisions for the district where it is located.

(4)

Cessation of Class B nonconforming uses of land. If the Class B nonconforming use is replaced by a conforming use or ceases for a period of more than thirty (30) days, the Class B nonconforming use may not be resumed, and subsequent uses of land shall conform to the use provisions for the district where it is located.

(b)

Determination that a use of land is nonconforming. This section provides standards for determining whether a use of land is conforming, nonconforming or illegal in the district where it is located, as defined in Article XII (Definitions). When there is a question or dispute over the status of a use, the zoning board of appeals shall have the authority to make such determinations, subject to the following procedure and standards:

(1)

Procedure. The procedure for making such determinations shall be as follows:

a.

Public hearing. Such action may be taken only after a public hearing has been held in accordance with the procedures set forth in Sec. 98-28, at which time the owner, operator or person having beneficial use of the land in question shall be given an opportunity to present evidence and documentation about the status of the use of land.

b.

Determination. Subsequent to the hearing, the zoning board of appeals shall make a determination with regard to whether the use of land is conforming, nonconforming or illegal in the district where it is located, and written notification provided to said owner, operator or person having beneficial use of the land in question.

(2)

Standards for determining that a use of land is nonconforming. The zoning board of appeals shall determine that a use of land is nonconforming upon finding that the following statements (b)(2)a—c are true:

a.

The use of land does not conform to the purpose and use regulations of the district where it is located, and the nonconformity cannot be resolved by means available under this chapter, such as Article II, Division 4 (Special Land Uses).

b.

The use of land is in compliance with all other applicable federal, state, county and City laws, ordinances, regulations and codes.

c.

Evidence from a minimum of three (3) of the following sources demonstrates that the use of land was legally established prior to the effective date of adoption or amendment of the ordinance from which this chapter derives:

1.

Local, county or state government files or records, including, but not 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.

3.

Utility records, including, but not limited to, providers of water, sewer, electric, natural gas or telecommunications service.

4.

Dated advertising or other information published in a newspaper or magazine including, but not limited to, advertisements, articles, features or photographs that address the use of the land in question.

5.

Dated aerial photos from Lenawee County, the Region 2 Planning Commission or other sources accepted by the zoning board of appeals.

6.

Other relevant information, including, but not limited to, date-stamped photographs, diary or log entries, affidavits or notarized statements.

(3)

Standards for determining that a use of land is conforming. The zoning board of appeals shall determine that a use of land is conforming upon finding that the use of land is in compliance with the use regulations of the district where it is located, including any required permits or special approvals.

(4)

Standards for determining that a use of land is illegal. Any use of land that is not a conforming use in the district where it is located, or determined to be a nonconforming use of land, shall be considered an illegal use of land in the district that has been established in violation of this chapter.

(c)

Determinations that a nonconforming use of land has ceased. The following is intended to provide reasonable standards for determining whether a nonconforming use of land has been removed, discontinued or otherwise ceased to occupy the land in question. When there is a question or dispute over whether a nonconforming use has ceased, the zoning board of appeals shall have the authority to make such determinations, subject to the following procedure and standards:

(1)

Procedure. The procedure for making such determinations shall be as follows:

a.

Public hearing. Such action may be taken only after a public hearing has been held in accordance with the procedures set forth in Sec. 98-28, at which time the owner, operator or person having beneficial use of the land in question shall be given an opportunity to present evidence and documentation about the status of the use of land.

b.

Determination. Subsequent to the hearing, the Zoning Board of Appeals shall make a determination with regard to whether the nonconforming use of land has been removed, discontinued or otherwise ceased to occupy the land in question, and written notification provided to said owner, operator or person having beneficial use of the land in question.

(2)

Standards for determining that a nonconforming use of land has ceased. The zoning board of appeals shall determine that a nonconforming use of land has been removed, discontinued or otherwise ceased to occupy the land in question upon finding that a minimum of three of the following six statements (a—f) are true:

a.

Local, county or state government files or records show that the nonconforming use of land 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.

b.

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.

c.

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.

d.

Dated advertising or other information published in a newspaper or magazine show that the nonconforming use of land 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.

e.

Dated aerial photos from Lenawee County, the Region 2 Planning Commission or other sources as accepted by the zoning board of appeals show that the nonconforming use of land has ceased.

f.

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

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

All nonconforming structures that have been designated as "Class A" shall not be subject to the requirements of this section, but rather shall be subject to the provisions of Sec. 98-50 (Class A nonconforming designation). Nonconforming structures not designated "Class A" shall be considered "Class B" and shall be allowed to continue after the effective date of this chapter or amendments thereto, subject to the following conditions:

(a)

Expansion restricted. No such structure may be enlarged or altered in a way that increases its nonconformity. Such structures may be enlarged or altered in a manner that does not increase its nonconformity. By way of example, a structure that does not conform to the front yard setback requirements but does comply with the rear and side yard setback requirements of the zoning district in which it is located may be enlarged by adding onto the back or side of the structure but could not be enlarged by adding on to the front of the structure.

(b)

Normal repairs and maintenance. This article shall not prevent work required for compliance with the provisions of any building code in effect in the City, or Michigan housing laws regulating the maintenance of buildings or structures. Normal repair, maintenance or replacement of interior non-bearing walls, fixtures, wiring, plumbing or heating and cooling systems in Class B nonconforming structures may be permitted in accordance with applicable code requirements, provided that such improvements do not result in an enlargement of a nonconforming structure, and provided that the cost of such improvements does not exceed the state equalized value of the property at the time such work is proposed.

(c)

Buildings under construction. Nothing in this article shall require a change in the plans, construction or designated use of any building or structure for which construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and diligently carried on until completion. Construction shall include the placement of materials in a permanent manner or demolition and removal of an existing structure preparatory to rebuilding in accordance with an approved site plan.

(d)

Damaged or unsafe structures shall be removed. Class B nonconforming structures that are declared to be physically unsafe by the building official, or otherwise damaged or destroyed by any means to an extent that the repair cost is greater than the state equalized value of the property shall not thereafter be restored, repaired or rebuilt except in complete conformance with the requirements of this chapter.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

Existing lots of record, as defined in Article XII (Definitions), that are not in compliance with the dimensional requirements of this chapter shall only be used, developed or otherwise improved with principal or accessory structures in accordance with the following:

(a)

Division of lots of record. A lot of record shall not be divided in a manner that would increase its nonconformity, cause an existing structure or site improvement to become nonconforming, or create one or more nonconforming lots.

(b)

Combination of nonconforming lots of record. Where possible, nonconforming lots of record shall be combined to create lots that comply with the dimensional requirements of this chapter. Nothing in this chapter shall prohibit two or more nonconforming lots of record from being combined to create a parcel that does not meet one or more requirements of this chapter.

(c)

Use of nonconforming lots of record. Use of a nonconforming lot of record shall be subject to the regulations of this chapter for the district where it is located.

(d)

Lots in the single-family residential districts. A single-family dwelling and customary accessory buildings may be erected in accordance with all applicable requirements of this chapter on a nonconforming lot of record in a RA-1, RA-2, RM-1, RM-2, or B-1 district provided that all required yard dimensions and setbacks, other than minimum lot area or width, shall conform to the regulations for the district where the lot is located.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

The purpose of this section is to encourage improvements to existing sites in the City that were developed before the site design standards of this chapter were established or amended. This section establishes standards for prioritizing improvements to existing sites that are intended to gradually bring the site into compliance with current Zoning Ordinance standards. Nonconforming sites may be improved or modified without a complete upgrade of all site elements, subject to the following conditions:

(a)

A nonconforming site shall not be improved or modified in a manner that increases its nonconformity.

(b)

The proposed site improvements shall resolve public safety deficiencies, including building and fire code violations, emergency access and pedestrian/vehicle conflicts.

(c)

The proposed site improvements shall include exterior lighting, landscaping, screening and building improvements that are in reasonable proportion to the scale and construction cost of proposed building improvements, expansions or other improvements.

(d)

The proposed site improvements shall include the installation, restoration or expansion of sidewalks within and through the site, where appropriate.

(e)

A reasonable timeline for completion of site improvements to an existing nonconforming site may be approved as part of any plan approval. Failure to complete improvements in accordance with an approved timeline shall be deemed a violation of the approved site plan.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

There may be a change of tenancy, ownership, or management of any existing nonconforming lot, structure, site, or use of land without any permit or approval by the City.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

All appeals of actions, orders, requirements, permits or determinations made by the building official, planning commission, or duly authorized agents charged with the administration or enforcement of this article, other than Class A nonconforming designations, shall be taken to the zoning board of appeals in accordance with Article II, Division 5 of this chapter.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

The elimination of Class B nonconforming structures and uses of land shall be considered to be for a public purpose and for a public use. The City council shall have the authority to institute and prosecute proceedings for the condemnation of Class B nonconforming uses and structures under the power of eminent domain, in accordance with the General Law City Act, Public Act 3 of 1895, as amended. The City council may, at its discretion, acquire private property by purchase, condemnation or otherwise for the purpose of removing a Class B nonconforming use or structure, provided that the cost of acquiring such private property be paid from general funds or assessed to a special district established for that purpose.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)