22.30 NONCONFORMING LOTS, USES AND STRUCTURES
22.30.010 NONCONFORMING USE LIMITATIONS
It is the intent of this Ordinance to permit legal nonconforming lots, structures, or uses to continue until they are removed but not to encourage their survival.
It is recognized that there may exist within the districts established by this Ordinance and subsequent amendments, lots, structures, and uses of land and structures 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 with permitted uses in the districts involved. It is further the intent of this Ordinance that nonconformitites shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this Ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, or by addition of other uses of a nature which would not be permitted generally in the district involved.
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 carried on.
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 lot shall conform to the regulations for the district in which such lot is located. Yard requirement variances may be obtained through approval of the Zoning Board of Appeals.
a. Notwithstanding the foregoing, when two (2) or more of such nonconforming lots or any combinations of such nonconforming lots and/or portions of lots which are nonconforming are contiguous and owned by the same person at the time of passage or amendment of this Ordinance, said combination of lots or portions thereof shall be considered a single, individual lot for the purposes of this Ordinance, and no portions of said lot shall be used, occupied, divided or sold in any manner which would diminish compliance with the regulations of this Ordinance or which would leave remaining any lots that do not comply with the minimum lot width, minimum area of any other requirements of this Ordinance. {Ord. 243; 12-17-89}
22.30.030 NONCONFORMING USES OF LAND
Where, on the effective date of this Ordinance, or the effective date of an amendment of this Ordinance, a 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:
a. No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this Ordinance.
b. No such nonconforming 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.
c. If such nonconforming use of land ceases for any reason 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.
22.30.040 NONCONFORMING STRUCTURES
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, open space 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:
a. No such structure may be enlarged or altered unless the proposed enlargement or alteration conforms to the provisions of this Ordinance.
b. Should such structure be destroyed by any means to an extent of more than sixty percent (60%) of its replacement costs, exclusive of the foundation, it shall be reconstructed only in conformity with the provisions of this Ordinance.
c. Should such structure be moved for any reason for any distance it shall thereafter conform to the regulations for the district in which it is relocated after it is moved. {Ord. 356; 11-28-15}
22.30.050 NONCONFORMING USES OF STRUCTURES AND LAND
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 permitted in the district under the terms of this Ordinance, the lawful use may be continued so long as it remains otherwise lawful, subject to both 22.30.030 and 22.30.040 above.
22.30.060 REPAIRS AND MAINTENANCE
On any building devoted in whole or in part to any nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding fifty percent (50%) of the assessed 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.
22.30.070 USES UNDER SPECIAL APPROVAL PROVISIONS NOT NON-CONFORMING USES
Any use which is permitted by a special approval, as provided in this Ordinance, or variance, or court of competent jurisdiction, shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use in such district.
Whenever in the opinion of the Village Council an area will be improved by the removal of a nonconforming use, the Village Council may by resolution determine to cause such removal by purchase or condemnation or otherwise proceed in accordance with the Village Charter or laws and statutes of the State of Michigan, and may pay the cost and expense thereof by special assessment against the area especially benefitted in accordance with any Special Assessment Ordinance of the Village which may be applicable.