A minor nonconforming use or structure is any nonconforming
use or structure which is not a major nonconforming use or structure.
At the effective date of adoption or amendment of this ordinance,
if a lawful use of land exists that is no longer permissible under
the terms of this ordinance as enacted or amended, that use may be
continued so long as it remains otherwise lawful, subject to the following
provisions:
(a)
Enlargement. No such nonconforming use shall be enlarged, increased,
or extended to occupy a greater area of land than was occupied at
the effective date of adoption or amendment of this ordinance.
(b)
Moving of nonconforming use. 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)
Change of use. A nonconforming use shall not be changed to another
nonconforming use except after approval of the Planning Commission.
Before granting such approval, the Planning Commission shall determine
that the change in use will have a less deleterious effect on neighboring
properties than the existing nonconforming use.
(d)
Discontinuance. If the nonconforming use of land ceases for
any reason for a period of more than 180 consecutive days, the discontinuance
shall be considered conclusive evidence of an intention to abandon
the nonconforming use. The time limit of discontinuance may be extended
beyond the 180 days, for a period of time not to exceed one year upon
proper application to the Planning Commission within the 180-day period
and upon presentation of evidence that an unnecessary hardship or
practical difficulty would exist should the 180-day limitation be
strictly enforced. At the end of this period of abandonment, the nonconforming
use shall not be reestablished, and any future use shall be in conformity
with the provision of this ordinance. Seasonal nonconforming uses
currently found in the City and which, by their nature, operate habitually
or customarily during a given period of the year not exceeding eight
consecutive months, shall be exempted from this requirement.
(e)
Expansion. No nonconforming use shall be physically extended
or expanded to displace a permitted conforming use.
Notwithstanding the provisions of § 19.04, such nonconforming
uses as signs, billboards, open storage or similar uses shall be discontinued
by December 31, 1999. In addition, and in accordance with Public Act
No. 110 of 2006 (MCL § 125.3101 et seq.), as amended, the
Council may from time to time acquire real property on which nonconforming
uses or structures are located by purchase or condemnation, and may
remove such uses or structures and resell the property for a conforming
use or develop it 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.
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 because of restrictions on area, lot coverage, height,
yards, or other characteristics of the structure or its location on
the lot, the structure may be continued as long as it remains otherwise
lawful, subject to the following provisions:
(a)
Nonconforming structures shall not be altered or expanded without
the prior approval of the Planning Commission, except that the following
structural alterations may be permitted without prior approval of
the Planning Commission:
(1)
Structural alterations or extensions adding to the bulk of a
structure which is nonconforming only by reason of lot size or lot
width, provided that the alteration or extension of the structure
shall not increase the extent of nonconformity and shall satisfy all
other applicable site development regulations.
(2)
Structural alterations which do not add to the bulk of the structure
or increase the intensity of use of the structure.
(b)
Nonconforming buildings or structures may be structurally altered,
but not expanded, so as to prolong the life of the building or structure.
(c)
After damage or destruction of a nonconforming structure, it
may be reestablished in its nonconforming condition if the building
or structure is nonconforming only because it has an insufficient
setback or because of its location on a site having a size, width,
or both less than prescribed in the applicable sections of this ordinance.
Repairs and maintenance may be performed on any building devoted
in whole or in part to a nonconforming use, including ordinary repairs
or repair or replacement of nonbearing walls, fixtures, wiring or
plumbing, to an extent not exceeding 50% of the assessed value (25%
of true cash value) of the building during any period of 12 consecutive
months. However, the cubic content of the building as it existed at
the time of passage or amendment of this ordinance shall not be increased.
Nothing in this article shall be deemed to prevent the strengthening
or restoring to a safe condition of any building or part of a building
declared to be unsafe by any official charged with protecting the
public safety and upon order of the official.
Nothing in this article shall prohibit the completion of construction
and use of a nonconforming building for which a building permit has
been issued prior to the effective date of this ordinance, provided
that construction is commenced within 90 days after the date of issuance
of the permit, that construction is carried on diligently and without
interruption for a continuous period in excess of 30 days, and that
the entire building shall have been completed according to the plans
filed with the permit application within two years after the issuance
of the building permit.
There may be a change of tenancy, ownership or management of
any existing nonconforming uses of land, structures, and premises
provided there is no change in the nature or character of such nonconforming
use.
The foregoing provisions of this article shall also apply to
buildings, structures, land or uses which hereafter become nonconforming
due to any reclassification of districts under this ordinance or any
subsequent change in the regulations of this ordinance.