§ 20.3. Restoration and use of damaged nonconforming buildings and structures.

A.

Minor repairs. Repairs and reinforcement of any nonconforming building or structure are permitted if necessary to maintain the building or structure in a sound condition; provided, however, that no such repair or reinforcement shall permit the use of such building or structure beyond its normal period of usefulness.

B.

Major reconstruction and restoration. The reconstruction, repair, reinforcement or restoration and resumption of use of any nonconforming building or structure, damaged by fire, wind, collapse, explosion, act of God, or acts of a public enemy is permitted if the total cost and expense of such reconstruction, repair, reinforcement or restoration does not exceed the state equalized valuation of the nonconforming building or structure or portion thereof so damaged on the date such damage has occurred. The reconstruction, reinforcement, repair or restoration shall be begun within 90 days following the date on which the damage has occurred. The zoning administrator may authorize an additional period of up to 90 days to begin such reconstruction, repair, reinforcement or restoration. The zoning administrator may, in their discretion, decline to determine whether or not such authorization should be granted and, instead, refer [the] decision thereon to the zoning board of appeals as a matter for zoning board of appeals decision pursuant to the Michigan Zoning Enabling Act. In considering such authorization, the zoning administrator or the zoning board of appeals, as the case may be, shall consider the following standards:

1.

The reason or reasons why construction cannot begin within such 90-day period;

2.

Any factors beyond control which prevent beginning construction within such 90-day period such as weather, lack of availability of labor or materials, or lack of availability of professional services necessary for such reconstruction, repair, reinforcement or restoration; and

3.

Any relationship between beginning the reconstruction, repair, reinforcement or restoration and the receipt of insurance proceeds with respect to the damage.

C.

Completion. Once begun, such reconstruction, repair, reinforcement or restoration shall be completed within one year from the beginning date; provided, however, that the zoning administrator may authorize an extension of such completion date of up to one year. The zoning administrator may, in their discretion, decline to determine whether or not such authorization should be granted and, instead, refer [the] decision thereon to the zoning board of appeals as a matter for zoning board of appeals decision pursuant to the Michigan Zoning Enabling Act. In considering such authorization, the following standards shall be considered:

1.

The reason or reasons why it is impossible to complete the reconstruction, repair, reinforcement or restoration within such one year period;

2.

Any reasons or factors beyond control such as weather, strikes, accidents, acts of God, availability of material or labor or availability of other professional services which prevent completion of the reconstruction, repair, reinforcement or restoration within such one year time period. Resumption of the use of the building or structure shall begin within 30 days after completion of reconstruction, repair, reinforcement or restoration.