No building or land or part thereof in Addison Township shall be used, altered, constructed, reconstructed or moved within or into said township without a variance except in conformity with the provisions of this ordinance which apply to the district in which it is located. If within the districts established by this ordinance or amendments that may later be adopted, there exist lots, structures, uses of land and structures and characteristics of use which were lawful before this ordinance was passed or amended, but which would be prohibited, regulated or restricted under the terms of this ordinance or future amendment, it is the intent of this ordinance to permit these nonconformities to continue until they are removed or discontinued but not to encourage their survival. It is further the intent of this ordinance that the nonconformity shall not be enlarged upon, expanded or extended, or be used as grounds for adding other structures or uses prohibited. Notwithstanding the foregoing, the zoning board of appeals may grant variances to extend or expand nonconforming structures but not the degree of nonconformity. A parcel which is nonconforming due to area, lot width, road frontage (as specified in Section 4.17 and Section 4.19) or depth to width ratio may not be altered to increase the number of building sites or parcels except in compliance with all provisions of this zoning ordinance. Such nonconforming parcels shall be limited to the number of building sites which existed when the nonconforming parcel was created. Nonconforming uses are declared by this ordinance to be incompatible with permitted uses in the districts involved.

A nonconforming use shall be deemed discontinued for the purposes of this section if no nonconforming use is made of the property for a period of six (6) months and there is an intent to abandon the right to the nonconforming use by the owner or the holder combined with an act or omission on the part of the owner or holder that clearly demonstrates the decision to abandon. There may be a change of tenancy, ownership or management of any existing nonconforming use of land, structures and premises, provided there is no change in the nature or character of such nonconforming uses.

(Ord. No. 12-01, 5-21-2012)

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in 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 carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition for removal of an existing building has been substantially begun preparatory to rebuilding, such excavation or demolition or removal shall be deemed to be actual construction, provided that the work shall be carried on diligently.

In any district in which single-family dwellings are permitted, 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, notwithstanding limitations imposed by other provisions of the ordinance. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall apply even though such lots fail to meet the minimum requirement for area and/or width, that are generally applicable in the district, provided that yard dimensions and other requirements shall conform to the regulations for the district in which such lot is located. Variances of yard requirements may be obtained only through action of the board of appeals, except in cases of front, side and rear yard setbacks, where the building inspector may grant a permit for building, where said building is to be built with a setback that is no closer than the average setback of forty (40) percent of the developed frontage on the block (street) or five hundred (500) feet each way, whichever is the lesser. In no case, however, may the building inspector grant a permit which allows a building to be built closer than thirty (30) feet to the front property line, unless a variance is granted by the zoning board of appeals.

If two (2) or more lots, combinations of lots, and/or portions of lots with continuous frontage and single ownership are of record at the time of passage or amendment of this ordinance, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this ordinance. For the purpose of this ordinance, no portion of said parcel shall be used or separated in a manner that diminishes compliance with lot width and area requirements established by this ordinance; no division of any parcel may be made which creates a lot with width or area below the requirements stated in this ordinance.

Where at the time of passage of this ordinance, lawful uses of land exist which would not be permitted by the regulations imposed by this ordinance, and where such use involves structures with replacement costs not exceeding $1,000.00, the use may be continued so long as it remains otherwise lawful, provided:

1.

The nonconforming use shall not be enlarged, increased, or extended to occupy a greater space of land then was occupied at the effective date of adoption or amendment of this ordinance.

2.

The nonconforming use shall not be moved in whole or in part within the lot after effective date of adoption or amendment of this ordinance.

3.

If any such nonconforming use of land ceases for any reason for a period of more than sixty (60) days, any subsequent use of such land shall conform to the regulations specified by this ordinance for the district in which such land is located.

4.

No additional nonconforming structure or use shall be erected in connection with such nonconforming use of land.

5.

Prior to the issuance of a building permit or certificate of occupancy, for a use on a lot that already contains a nonconforming use or uses, all such nonconforming use or uses shall be permanently terminated. This provision shall not be circumvented by the division of the lot in question, unless the lot division conforms with requirements for lots in the zoning district in which the lot is located.

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 restriction on area, lot coverage, height, yards, its location on the lot or other requirement concerning the structure, such structure may be continued so long as it remains otherwise lawful subject to the following provisions:

1.

The nonconforming structure may not be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity.

2.

Should such nonconforming structure or portion of structure be destroyed by any means to any extent of more than one hundred twenty (120) percent of its state equalized value at time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance.

3.

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

On any nonconforming structure or portion of structure containing a nonconforming use, work may be done in any period of twelve (12) consecutive months on ordinary repairs or on repair or replacement of walls, fixtures, wiring or plumbing to an extent not exceeding one hundred twenty (120) percent of the current state equalized value of the nonconforming structure or nonconforming part of the structure as the case may be, provided that the cubic foot content existing when it became nonconforming shall not be increased.

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared so by the building inspector, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

Any use that is permitted as a special approval use in district under the terms of this ordinance shall not be deemed a nonconforming use in such district, but shall without further action be considered a conforming use.

Buildings, structures and uses on nonconforming farms may be enlarged, increased, or extended to occupy a greater area of land than was occupied at the effective date of this ordinance, provided such expansion, enlargement or extension is approved by the planning commission and further subject to site plan approval in accordance with Article 29, Site Plan Review. In approving or disapproving site plans, the commission shall consider off-site impacts of the farm on abutting and surrounding uses, especially residences.