§ 153.084. NONCONFORMITIES.

(A) Nonconforming uses and structures. Lawful nonconforming uses or structures as defined in §§ 153.015 through 153.017 may be continued but shall not be enlarged, extended, added to or altered unless such enlargement, extension, alteration or addition is in conformity with the provisions of this chapter.

(B) Nonconforming uses eliminated and abandonment. Nonconforming uses may be eliminated in accordance with the provisions of the State Zoning Enabling Act, being M.C.L.A. §§125.3101 et seq. An otherwise valid nonconforming use which has been abandoned for six consecutive months or more shall be deemed to be eliminated and such nonconforming status revoked. Prior to revocation, the owner of the property whereon such nonconforming use exists shall be given a written notice of intent to revoke the nonconforming use, and a public hearing regarding such abandonment shall be noticed as provided in § 153.126.

(C) Restoration and repair.

(1) Such repairs and maintenance work as required to keep a nonconforming building or structure in a sound condition may be made.

(2) In the event any nonconforming building or structure shall be damaged by fire, wind or any act of God or the public enemy, it may be rebuilt or restored within one year, provided the cost of restoration thereof shall not exceed 60% of the replacement value of such building or structure. Such determination shall be made by the Zoning Administrator.

(D) Change of use. The use of a nonconforming building may be changed to another nonconforming use if the Board of Appeals finds that such new use would markedly decrease the degree of nonconformance and would enhance the desirability of adjacent conforming uses. This shall not be construed to permit the conversion of a nonconforming use to a prior nonconforming use nor to waive the other provisions of this subchapter.

(E) Nonconforming lots of record (substandard lots). Any lot platted or created with the minimum requirements of its zone district may be used in the following manner.

(1) A lot in single ownership at the effective date of this chapter which contains less than 80% of the zone district width and area requirements and is not adjacent to lots owned by the same person, family, partnership or corporation may be sold and or utilized for a single-family dwelling.

(2) Any lot which meets 80% or more of the zone district width and area requirements may be sold and or utilized as a separate lot whether in single ownership or not; provided, however, that the front yard must conform to the requirements of the zone district in which said lot is located.

(3) Two or more adjacent lots containing less than 80% of the zone district requirements and owned by the same person, family, partnership or corporation at the effective date of this chapter shall be redivided to meet at least 80% of the zone district requirements; provided that the Board may permit the use or redivision of less than four such lots in conformity with the established character of existing adjoining homes.

(F) Expansion.

(1) Nonconforming uses shall not be extended, added to or enlarged.

(2) Nonconforming structures shall not be extended, added to or enlarged, unless such extension, alteration or addition is intended to bring said structure into conformity with the provisions of this chapter.

(3) Nonconforming lots of record (substandard lots) shall not be extended, added to or enlarged unless each such action results in more conforming lot sizes.

(Ord., § 5.5, passed 8-5-1991; Ord. 2012-02, passed - -2012)