The lawful use of any building or structure and of any land or premises as existing and lawful at the time of enactment of this Chapter 470, Zoning, or, in the case of an amendment of this chapter, then at the time of such amendment, may be continued although such use does not conform with the provisions of this chapter or amendment. It is the intent of this chapter to permit these nonconformities to continue, but not to encourage their survival.

Repairs and maintenance work which are required to keep a nonconforming building or structure in a sound condition may be made. In the event any nonconforming building or structure is damaged by fire, wind, or an Act of God or the Public enemy, it may be rebuilt or restored provided that the cost of rebuilding or restoring the structure the cost thereof shall not exceed 1/2 the value of such building or structure. If the cost or rebuilding or restoring the building or structure exceeds 1/2 the value thereof, then the rebuilding or restoration of the structure shall be permitted only with the approval of the Board of Appeals. Approval shall be granted only upon a finding:

In the event that any nonconforming use is discontinued for a period of one year, any subsequent use shall conform to the uses permitted in the district in which the premises are located.

Any building shall be considered to have been lawfully in use for the purpose for which constructed if on the effective date of this chapter a building permit had been obtained therefore, if required, and a substantial start has been made on construction. If a building permit is not required than a substantial start has been made on construction to establish a lawful use. A building permit may be revoked if all construction is not diligently pursued to completion.

Any building or structure constructed or erected after the effective date of this chapter, but for any reason does not comply with the provisions of this chapter and which cannot legally be brought into conformity with this chapter shall be removed by the owner. Should the owner fail to remove said building, a hearing shall be held before the Planning Commission, which after said hearing, may order the building or structure removed within 60 days. If the building is not removed within said 60-day period the Charter Township Board may have the building or structure removed and the costs thereof shall be paid for by the owner. Notice of the hearing before the Planning Commission shall be given to the owner or any interested party at least 10 days prior to said hearing by certified mail and any owner or interested party may be present at said hearing either in person or by his attorney.

In case of a nonconforming use which is a use designated as a special land use by this chapter, the nonconforming status may be removed after appropriate action has been taken and the use has been approved in accordance with the provisions of this chapter. It shall be the responsibility of the owner or person requesting the special land use designation to initiate the request in accordance with the procedures specified in Article 20.

When, because additional right-of-way has been acquired, by purchase or by exercise of the power of eminent domain, from a lot with an existing structure on it which is located along the State Trunkline of M-45 (Lake Michigan Drive) for purposes of street construction, street widening, street relocation, or utility location, there results a nonconformance with a required minimum setback or yard requirement, a lot width or lot area requirement, or a parking requirement of this chapter, existing buildings or structures rendered nonconforming thereby shall, notwithstanding §§ 470-26.03 and 470-26.04 of this chapter to the contrary, be permitted to be extended, enlarged, altered, remodeled, modernized, rebuilt, or restored, provided that (1) the specific nonconformity created when the right-of-way was acquired is not increased; and (2) all such extended, altered, remodeled, modernized, rebuilt, or restored buildings and structures shall conform to all other requirements of this chapter. However, the provisions of this section shall not apply to buildings or structures which have a setback from the new right-of-way line of less than 50% of the required minimum setback; such buildings and structures may be extended, enlarged, altered, remodeled, or modernized only if first approved by the Board of Appeals as is provided in § 470-26.03, and may be rebuilt or restored only if first approved by the Board of Appeals as is provided in § 470-26.04.

Any party aggrieved by any order, determination, or decision of the Zoning Administrator, Township Board, Planning Commission or Zoning Board of Appeals with respect to a nonconforming situation may appeal to the circuit court.