Antrim Township City Zoning Code

   A.   The definitions of nonconforming lot, nonconforming use and nonconforming structure shall be as set forth in § 150-4.

   B.   Use provisions. Any nonconforming lot, use of land, structure, or combination thereof may be continued, subject to the following:

      (1)   The use shall not be moved to another location where such use would be nonconforming.

      (2)   The use shall not be changed to another nonconforming use without first obtaining approval by the Zoning Hearing Board in accordance with § 150-67 herein.

      (3)   The use shall not be reestablished unless in accordance with § 150-68, if such use has been discontinued for a period of one year or more.

   A.   Lots. Nonconforming lots may be used in accordance with § 150-58(B) entitled Setback exemption . Lots may be expanded without appearing before the Zoning Hearing Board as long as it is decreasing the degree of nonconformity.

   B.   Uses.

      (1)   Any person seeking permission to change a nonconforming use to any other nonconforming use shall sufficiently document to the Zoning Hearing Board that such new nonconforming use is more in compliance with the applicable provisions of this chapter than the present nonconforming use.

      (2)   Any expansion of a non residential non conforming use shall apply to the Zoning Hearing Board.

      (3)   The Zoning Hearing Board may attach additional conditions when approving the expansion or change of a nonconforming use for the purpose of promoting the objectives and intent of this chapter.

   C.   Buildings and Structures.

      (1)   Any nonconforming structure or building, but not including signs, may be expanded, reconstructed, or structurally altered without applying to the Zoning Hearing Board, provided that a land use permit has been applied for and issued showing that the distance from the property line to the expansion shall not be less than the current nonconforming portion of the structure or building.

      (2)   Any expansion of nonconformity not covered by subsection (C)(1) above shall apply to the Zoning Hearing Board for approval before a building permit or land use permit may be issued.

      (3)   Any expansion or alteration of any building or structure that would create a non conforming building or structure must apply to the Zoning Hearing Board for approval before a building permit or land use permit may be issued.

   D.   Repair. Any nonconforming use or structure which is destroyed by fire, casualty or act of God may be repaired, rebuilt and used as before, provided that no increase in the degree of nonconformity is thereby created. All repairs shall be commenced within one year after the damage occurs or such use or structure shall not be rebuilt except as a conforming use or structure.

   E.   Standards. Each application for an expansion or change of a nonconforming use, building or structure shall be subject to the following standards:

      (1)   It shall be the responsibility of the applicant to sufficiently document to the Zoning Hearing Board that the proposed expansion or change will not be contrary to the purposes of this chapter and the public health, safety and welfare of Township residents in general and of the residents of the immediate area in particular.

      (2)   Such expansion or change shall not extend beyond the lot lines existing on the date the chapter or its subsequent amendments were adopted.

   Any person desiring to temporarily discontinue a nonconforming use may do so and may resume the same within one (1) year after such discontinuance, provided that such person has notified the Township in writing of his or her intention to do so within thirty (30) days after the use is discontinued. A discontinued use will not be deemed to be resumed unless such use is operated on a regular basis for six (6) months after such resumption begins.

   Notwithstanding any of the above regulations, nothing in this chapter shall be deemed to prevent normal maintenance and repair of any nonconforming use or structure.

   All lawful uses existing at the effective date of this chapter which do not conform to the requirements set forth in this chapter, or any other amendments thereto, shall be identified and registered by the Zoning Officer.

   Property acquired for the purpose of extracting sand, gravel, slate or other minerals therefrom and held for such purpose on the effective date of this chapter shall be considered in use for such extraction whether or not such extraction has actually commenced, and extraction, including erection of any necessary buildings or structures incidental to the extraction or processing of the deposits, will be allowed to commence and continue. In order for property to qualify hereunder, the following conditions must be documented by the landowner as evidence that the property was acquired and held for the purpose of later mineral extraction:

   A.   The land was acquired prior to the effective date of this chapter.

   B.   The land was acquired and is owned by an individual, corporation or otherwise engaged at the time of acquisition in the business of mineral extraction.

   C.   The property has not been permanently developed, in whole or in part, for any purpose other than mineral extraction or processing.

   D.   The land contains mineral deposits of a demonstrable economic value.