It is the purpose of this article to permit the continuance of a lawful use of any building or land existing at the effective date of this ordinance, although such use of land or structure may not conform with the provisions of this ordinance. It is recognized, however, that those nonconformities which adversely affect orderly development and the value of nearby property are not permitted to continue without restriction.

The zoning regulations established by this ordinance are designed to guide the future use of land in Bath Charter Township by encouraging appropriate groupings of compatible and related uses and thus to promote and protect the public health, safety, and general welfare. The continued existence of nonconformities is frequently inconsistent with the purposes for which such regulations are established, and thus their gradual elimination is generally desirable. The regulations of this article permit such nonconformities to continue without specific limitation of time but are generally intended to restrict further investments which would make them more permanent.

This article distinguishes between major nonconforming uses or structures and minor nonconformities. Different regulations are established for each of these categories. The degree of restriction over each category is a function of the degree to which that category of nonconformity is a nuisance or incompatible with the purposes and regulations of this ordinance.

A.

A major nonconforming use is any use listed in the table below for the district in which it is listed:

B.

A major nonconforming use or structure shall not be changed to any use other than a use permitted in the zoning district in which it is located.

C.

Major nonconforming uses or structures shall not be reestablished in their nonconforming condition in any zoning district after damage or destruction, if the estimated expense of reconstruction exceeds 33 percent of the appraised replacement cost of the use or structure.

D.

If a major, nonconforming use ceases for any reason for a period of more than 90 consecutive days, such discontinuance shall be considered conclusive evidence of an intention to abandon the nonconforming use. At the end of this period of abandonment, the nonconforming use shall not be re-established, and any future use shall be in conformity with the provisions of this ordinance.

Prior to termination of a nonconforming use due to abandonment, the township shall provide written notice by personal delivery or by first class mail of its intent to terminate such nonconforming use to the property owner as identified in the township's most recent real property tax rolls. Said notice shall also provide the date, time and place where and when a public hearing will be held on the question of such abandonment.

(Ord. No. 31.37, § 12, 4-19-2010)

A.

A minor nonconforming use or structure is any nonconforming use or structure which is not a major nonconforming use or structure.

Where, at the effective date of adoption or amendment of this ordinance, a lawful use of land exists that is no longer permissible under the terms of this ordinance as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

A.

No such nonconforming use shall be enlarged or increased, or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance.

B.

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this ordinance.

C.

Nonconforming uses shall not be changed to another nonconforming use, except after approval of the board of zoning appeals. Before granting such approval, the board shall determine that such change in use will have a less deleterious effect on neighboring properties than the existing nonconforming use.

D.

If such nonconforming use of land ceases for any reason for a period of more than 90 consecutive days, such discontinuance shall be considered conclusive evidence of an intention to abandon the nonconforming use. The time limit of discontinuance may be extended beyond the 90 days for a period of time not to exceed one year upon proper application to the board of zoning appeals within the 90 day period, and upon presentation of evidence that an unnecessary hardship or practical difficulty would exist, should the 90 day limitation be strictly enforced. At the end of this period of abandonment, the nonconforming use shall not be re-established, and any future use shall be in conformity with the provisions of this ordinance. Seasonal nonconforming uses currently found in the township and which, by their nature, operate habitually or customarily during a given period of the year not exceeding 12 consecutive months, shall be exempted from this requirement.

Prior to termination of a nonconforming use due to abandonment, the township shall provide written notice by personal delivery or by first class mail of its intent to terminate such nonconforming use to the property owner as identified in the township's most recent real property tax rolls. Said notice shall also provide the date, time and place where and when a public hearing will be held on the question of such abandonment.

E.

No nonconforming use shall be extended to displace a permitted conforming use.

(Ord. No. 31.37, § 13, 4-19-2010)

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

A.

Nonconforming structures shall not be altered or expanded without the prior approval of the board of zoning appeals, except that the following structural alterations may be permitted without prior approval:

(1)

Structural alterations or extensions adding to the bulk of a structure which is nonconforming only by reason of lot size, lot frontage, lot width or setback shall be permitted without prior approval of the board of zoning appeals provided that such structure alteration or extension shall not increase the extent of nonconformity and shall satisfy all other site development regulations which are applicable.

(2)

Structural alterations which do not add to the bulk of structure or increase the intensity of use of the structure.

B.

Nonconforming buildings or structures may be structurally altered so as to prolong the life of the building or structure.

C.

Nonconforming structures may be re-established in their nonconforming condition in any zoning district after damage or destruction of the nonconforming structure, if such building or structure is nonconforming due only to its having insufficient setback or due to its being locates on a site having a size, frontage, width or a combination of the three, less than prescribed in the applicable sections of this ordinance.

(Ord. No. 31.32, § 6, 10-20-2003; Ord. No. 31.75, § 10, 5-2-2022)

If a lawful use of a structure, or of structure and land in combination, exists at the effective date of adoption or amendment of this ordinance, that would not be allowed in the district under the terms of this ordinance, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

A.

No existing structure devoted to a use not permitted by this ordinance in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

B.

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building.

C.

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the board of zoning appeals, by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the board of zoning appeals may require appropriate conditions and safeguards in accord with the purpose and intent of this ordinance.

D.

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded or changed to a permitted use, shall thereafter conform to the regulations for the district in which such structure is located and shall not revert back to a nonconforming use.

E.

Where a nonconforming use of a structure, or a structure and premises in combination, is discontinued for 90 consecutive days, such discontinuance shall be considered conclusive evidence of an intention to abandon the nonconforming use. The time limit of discontinuance may be extended beyond the 90 days, for a period of time not to exceed one year, upon proper application to the board of zoning appeals within the 90 day period, and upon presentation of evidence that an unnecessary hardship or practical difficulty would exist should the 90 day limitation be strictly enforced. At the end of this period of abandonment, the structure or structure and premises in combination shall not thereafter be used, except in conformance with the regulations of the district in which it is located. Seasonal nonconforming uses of a structure or structures and premises currently found in the township which, by their nature, operate habitually or customarily during a given period of the year not exceeding 12 consecutive months, shall be exempted from this requirement.

Prior to termination of a nonconforming use due to abandonment, the township shall provide written notice by personal delivery or by first class mail of its intent to terminate such nonconforming use to the property owner as identified in the township's most recent real property tax rolls. Said notice shall also provide the date, time and place where and when a public hearing will be held on the question of such abandonment.

(Ord. No. 31.37, § 14, 4-19-2010)

Repairs and maintenance may be performed on any building devoted in whole or in part to a nonconforming use; including ordinary repairs or repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding 50 percent of the assessed value (25 percent of true case value) of the building during any period of 12 consecutive months.

However, the cubic content of the building as it existed at the time of passage or amendment of this ordinance shall not be increased. Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition of any building or part thereof declared to be unsafe by any official charged with protecting the public safety, upon order of such official.

Nothing in this article shall prohibit the completion of construction and use of a nonconforming building for which a building permit has been issued prior to the effective date of this ordinance, provided that construction is commenced within 90 days after the date of issuance of the permit, that construction is carried on diligently and without interruption for a continuous period in excess of 30 days; and that the entire building shall have been completed according to the plans filed with the permit application within two years after the issuance of the building permit.

To avoid undue hardship, nothing in this article shall be deemed to require a change in the plans, construction or designated use of any building on which construction was lawfully begun prior to the effective date of adoption or amendment of this article, and upon which actual construction has been diligently carried on. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, provided that work shall be diligently carried on until completion of the building involved.

There may be a change of tenancy, ownership or management of any existing nonconforming uses of land, structures, and premises provided there is no change in the nature or character of such nonconforming uses.

The township board may acquire by purchase, condemnation or other means, private property or an interest in private property for the removal of any nonconforming use or structure. The cost or expense or a portion thereof may be paid from general funds or assessed to a special district in accordance with applicable statutory provisions.