Upon the adoption of this chapter or subsequent amendments, there may exist lots, buildings, structures and uses of land which were lawful prior to the enactment of this article, or amendment thereto, but which are not in conformance with the provisions of this article, or amendment thereto. It is the intent of this article to permit these nonconformities to continue, but not to encourage their prolonged existence. Because nonconforming lots, structures and uses, so long as they exist, prevent the full realization of the goals and objectives of the township comprehensive plan, the spirit of this article is to reduce, rather than increase, such nonconformance.

(Ord. No. O-011193-1, § 21.01, 1-11-1993)

In any zoning district, notwithstanding limitations imposed by other provisions of this article, where a nonconforming lot of record, lawful at the time of its creation, fails to meet the requirements of this article for minimum lot area, minimum lot width, or both, such lot may be used for the permitted uses of the zoning district, provided that all applicable minimum requirements of this article not involving lot area, lot width, or both, are met.

(Ord. No. O-011193-1, § 21.02, 1-11-1993)

The lawful use of any land, not involving a building or structure, existing and lawful on the effective date of the ordinance from which this article derives, or amendment thereto, may be continued, even though such use does not conform with the provisions of this article, or amendment thereto, subject to the following provisions:

(1)

No nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied on the effective date of the ordinance from which this article derives, or amendment thereto.

(2)

No nonconforming use shall be moved in whole or in part to any other portion of the lot occupied by such use on the effective date of the ordinance from which this article derives, or amendment thereto.

(3)

If any nonconforming use of land ceases for any reason for a period of more than 12 months, any subsequent use of such land shall conform to the requirements of this article.

(Ord. No. O-011193-1, § 21.03, 1-11-1993)

Structures, including buildings, which are existing and lawful on the effective date of the ordinance from which this article derives, or amendment thereto, may be continued, even though such structure does not conform with the provisions of this article, or amendment thereto, subject to the following provisions:

(1)

No nonconforming structure may be enlarged or altered in a way which increases its nonconformity with the provisions of this article.

(2)

If any nonconforming structure shall be damaged, by any means or in any manner, to the extent that the cost of reconstruction or restoration exceeds one-half the value of such structure prior to the damaging occurrence, as determined by the most recent assessment of the market value of the structure, exclusive of the market value of land, for purposes of taxation, such reconstruction or restoration shall only be permitted in conformity with the provisions of this article.

(3)

If any nonconforming structure shall be damaged, by any means or in any manner, to the extent that the cost of reconstruction or restoration is equal to or less than one-half the value of such structure prior to the damaging occurrence, as determined by the most recent assessment of the market value of the structure, exclusive of the market value of land, for purposes of taxation, such reconstruction or restoration shall be permitted, provided a building permit for such reconstruction or restoration is issued within one year of the occurrence of such damage.

(4)

If a nonconforming structure is altered or modified so as to eliminate, remove or lessen any or all of its nonconforming characteristics, then such nonconforming characteristics shall not be later reestablished or increased.

(Ord. No. O-011193-1, § 21.04, 1-11-1993)

The lawful use of any structure existing and lawful on the effective date of the ordinance from which this article derives, or amendment thereto, may be continued, even though such use does not conform with the provisions of this article, or amendment thereto, subject to the following provisions:

(1)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the effective date of the ordinance from which this article derives, or amendment thereto, but no such use shall be extended to occupy any land outside such building.

(2)

No existing structure devoted to a nonconforming use shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the zoning district in which it is located.

(3)

If a structure which conforms with the provisions of this article, but which is occupied by a nonconforming use, is damaged by any means or in any manner to the extent that the cost of reconstruction or restoration exceeds one-half the value of such structure prior to the damaging occurrence, as determined by the most recent assessment of the market value of the structure, excluding the value of land, for purposes of taxation, such structure may be reconstructed or restored only if its use conforms with the provisions of this article.

(4)

If a nonconforming use of any structure is terminated and replaced by a permitted use, such nonconforming use shall not be later reestablished.

(5)

When a nonconforming use of a structure or structure and land in combination, is discontinued or abandoned for 12 consecutive months, the structure, or structure and land in combination, shall not thereafter be used except in conformance with the regulations of the zoning district in which it is located.

(6)

Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(7)

A nonconforming use of a structure may be changed to another nonconforming use, subject to the prior approval of the zoning board of appeals. The board may approve such change only if it complies with all of the following standards:

a.

The proposed use does not substantially differ from the existing use in terms of compatibility with the character of the area in which it is located, and is no more obnoxious or detrimental to the health, safety and welfare of the surrounding area than the existing nonconforming use.

b.

The proposed use does not increase the degree of nonconformity existing prior to such change of use.

c.

No structural alteration of the existing structure will be required to accommodate the new use.

(Ord. No. O-011193-1, § 21.05, 1-11-1993)

Any structure on which actual construction was lawfully begun prior to the effective date of this article, or amendment thereto, shall be considered existing and lawful. Nothing in this article shall be deemed to require any change in the plans, construction or use of such structure. Actual construction is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to reconstruction, such demolition or removal shall be deemed actual construction.

(Ord. No. O-011193-1, § 21.07, 1-11-1993)