This chapter is applied in compliance with the policy of the State of Michigan that non-conformities should gradually be eliminated and restricted to the same area of land and level of intensity at the effective date of adoption or amendment of this Zoning Code.

   (a)   Lots, buildings, and uses of land and structures that were lawful before this Zoning Code was adopted or amended and which would be prohibited, regulated, or restricted under the terms of this Zoning Code, or its future amendments, may continue until they are discontinued, damaged, or removed, subject to the provisions of this chapter.

   (b)   Non-conformities are declared to be incompatible with the current or intended use of land, lots, and buildings in the district in which they are located. Non-conformities cannot be enlarged, expanded, or extended except as provided in this chapter. Non-conformities cannot be used as grounds for adding other lots, structures, or uses prohibited elsewhere in the same district.

   (c)   Once conforming, no building or land is permitted to revert to a non-conformity.

   (d)   Any non-conformity that cannot be proved to have legally existed prior to the effective date of this Zoning Code is in violation of this Zoning Code and must be brought into compliance or discontinued.

(Ord. 2023-01. Passed 2-7-23.)

   Where, on the effective date of this Zoning Code, a lawful use of land exists that is no longer permitted, such use may be continued, subject to the following:

   (a)   A non-conforming use of land cannot be enlarged, expanded, or extended to occupy a greater area of land.

   (b)   No accessory use or structure can be established as incidental to a non-conforming use.

   (c)   No non-conforming use of land can be moved in whole or in part to any other portion of the land on which it is located.

   (d)   No non-conforming use can be extended to displace a conforming use.

   (e)   If a non-conforming use of land ceases for any reason for a period of more than six-months (consecutive), the use cannot be re-established, and future uses must conform to the regulations of this Zoning Code.

(Ord. 2023-01. Passed 2-7-23.)

   Where a lawful building exists at the effective date of adoption or amendment of this Zoning Code that could not be built under the terms of this Zoning Code by reason of dimensional regulations, the building may be continued so long as it remains otherwise lawful, subject to the following:

   (a)   A building may be enlarged or altered in a way which does not increase its non-conformity. For the purposes of this Zoning Code, increasing the height of a structure with a non-conforming setback is considered increasing the non-conformity, and is not permitted.

   (b)   A non-conforming building may not be reconstructed or structurally altered during its life to an extent exceeding in aggregate fifty percent of the assessed value of the building unless such building is changed to a conforming use.

      (1)   The reconstruction, repair, rebuilding, or continued use of any non-conforming building damaged by fire, collapse, explosion, or act of God wherein the expense of such reconstruction does not exceed the assessed valuation of the building at the time such damage occurred is permitted, provided there is no increase to its non-conformity. However, every effort shall be made to rebuild or repair such non-conforming building in complete conformity with this Zoning Code.

      (2)   When any non-conforming building is destroyed by any means to the extent of more than the assessed valuation, said structure or use cannot be rebuilt, restored, or reoccupied for any purpose except in conformity with the provisions of this Zoning Code.

   (d)   Non-conforming single-family residential structures are exempt from this section. However, application for rebuilding must be made within one year from the date of damage or destruction.

(Ord. 2023-01. Passed 2-7-23.)

   In any district in which single-family dwellings are permitted, a single-family dwelling and accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this Zoning Code, provided that all structures on the lot meet the required setbacks and that the Zoning Board of Appeals has determined the lot to be buildable per Section 1229.06.

(Ord. 2023-01. Passed 2-7-23.)

   To avoid undue hardship, this Zoning Code does not 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 Zoning Code and upon which actual building construction has been diligently carried on. Actual construction includes the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal is deemed to be actual construction, provided that work is diligently carried on until completion of the building involved.

(Ord. 2023-01. Passed 2-7-23.)

   A change of tenancy, ownership, or management of any existing non-conforming uses of land, or structure, is permitted.

(Ord. 2023-01. Passed 2-7-23.)

   A non-conformity may be expanded upon granting of special land use. In determining whether to grant approval, the Planning Commission must apply the following criteria:

   (a)   The enlargement or increase or extension is reasonable based upon a consideration of the area of the original non-conformity.

   (b)   The enlargement or increase or extension does not substantially interfere with the use of other properties in the surrounding area for the uses for which they have been zoned, or with the use of such other properties in compliance with the provisions of this Zoning Code.

   (c)   The enlargement, increase, or extension does not significantly compromise the ability of the City to effectuate the goals and purposes of its Master Plan.

(Ord. 2023-01. Passed 2-7-23.)

   Any structure or portion hereof declared to be unsafe by the City may be restored to a safe condition.

(Ord. 2023-01. Passed 2-7-23.)

   When, in the opinion of Council, an area will be improved by the removal of a non-conforming use or structure, Council may, by resolution, determine to cause such removal by purchase, condemnation or otherwise and proceed in accordance with the City Charter or state law and may pay the cost and expense thereof from the General Fund or proceed to assess the costs thereof by special assessment against the area especially benefitted in accordance with any special assessment ordinance of the City which may be applicable.

(Ord. 2023-01. Passed 2-7-23.)