(A)

Nonconforming uses and structures are those which do not conform to a provision or requirement of this chapter but were lawfully established prior to the time of its applicability. It is recognized that those nonconformities which adversely affect orderly development and the value of nearby property are not permitted to continue without such necessary and appropriate restriction as are within the power of the township to impose.

(B)

The zoning regulations established by this chapter are designed to guide the future use of land in the 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.

(C)

This chapter distinguishes by class the various nonconforming uses and structures. Different regulations are established for each class. The degree of restriction over each class is a function of the degree to which that class of nonconformity is a nuisance or incompatible with the purposes and regulations of this chapter.

(D)

All uses or structures created in violation of any preceding township zoning chapter shall not be considered a nonconforming use or structure, has no vested right, and is a violation of this chapter.

(Ord. § 901, 9-14-2009)

Class A nonconforming uses and structures are those which have been so designated by the planning commission, after application by any interested person or the zoning administrator. The planning commission shall find that the continuance thereof would not be contrary to the public health, safety, and general welfare; or to the spirit of this chapter; that the use or structure does not and is not likely to significantly depress the value of nearby properties; that the use or structure was lawful at the time of its inception; that it meets the standards set out in section 150.128 of this chapter; and that no useful purpose would be served by strict application of the provisions or requirements of this chapter with which the use or structure does not conform.

(Ord. § 902, 9-14-2009)

(A)

A written application shall be filed with the planning commission which shall include:

(1)

Name and address of property owner and applicant if not the same;

(2)

A legal description of the property or lot;

(3)

A map illustrating property boundaries, all existing buildings and uses of land including existing drives and parking areas;

(4)

An explanation describing the present nonconforming use or structure; and

(5)

Proof of ownership of property.

(B)

The planning commission shall, upon receipt of said application, schedule a public hearing in accordance with the procedures set out in section 150.181 of this chapter. Upon hearing the facts and information, the planning commission shall make its decision in writing and set forth the findings and reasons on which it is based, pursuant to the standards identified in section 150.128. Conditions may not be attached, including any time limit, where necessary to assure that the use of structure does not become contrary to the public health, safety, or welfare, or the spirit and the purpose of this chapter.

(Ord. § 903, 9-14-2009)

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

(A)

No such Class A nonconforming use or structure 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 chapter, except after approval of the planning commission.

(B)

No Class A nonconforming use or structure 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 chapter, except after approval of the planning commission.

(C)

No Class A nonconforming use or structure shall be extended to displace a permitted (conforming) use.

(D)

No Class A nonconforming use or structure shall be changed to another nonconforming use or structure, except after approval of the planning commission. Before granting such approval, the planning commission shall determine that such change in use will have a less deleterious effect on neighboring properties than the existing nonconforming use.

(E)

No Class A nonconforming uses or structures shall be altered or expanded to add another nonconforming use or structure, except after approval by the planning commission.

(F)

Nonconforming structures or structures devoted to a nonconforming use shall not be repaired, other than normal maintenance. Repairs shall not exceed 25 percent of the assessed market value of the structure in any 12-month period.

(G)

(1)

In the event that any nonconforming structure or structure devoted to a nonconforming use is damaged by any means or in any manner to the extent that the cost of reconstruction or restoration is equal to or less than 50 percent of 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, such reconstruction or restoration shall be permitted provide a building permit for such reconstruction or restoration is issued within one year of the occurrence of such damage.

(2)

Failure to commence restoration or reconstruction within one year following the occurrence of said damage shall be conclusively presumed to be an abandonment of the nonconforming use or structure.

(H)

Where the cost of restoration or reconstruction of such a structure exceeds 50 percent of the entire structure as it existed immediately prior to the time of said damage, the nonconforming structure may not be restored or reconstructed, nor shall any nonconforming use which may have been occurring within said structure be resumed or continued upon the premises upon which said structure was located unless the planning commission authorizes the continuation of the nonconforming structure or nonconforming use within said structure. A written application for such authorization must be filed with the planning commission within six months of the occurrence of the damage.

(Ord. § 904, 9-14-2009)

Cross reference— General standards, § 150.128.

No Class A nonconforming use or structure shall be resumed if it has been discontinued for a continuous period of at least 12 months or if it has been changed to a conforming use for any period.

(Ord. § 905, 9-14-2009)

(A)

All nonconforming uses and structures not designated as Class A are considered as Class B. It is the purpose of this chapter to eliminate Class B nonconforming uses and structures as rapidly as is permitted by law without payment of compensation No Class B nonconforming use shall be resumed if it has been discontinued for a continuous period of at least 12 months or if it has been changed to a conforming use for any period, or if the structure in which such use is conducted is damaged by fire or other casualty to the extent that the cost of reconstruction or repair exceeds 50 percent of the reproduction cost of such structure.

(B)

No Class B nonconforming structure shall be enlarged or structurally altered. Non Class B nonconforming use shall be changed to a substantially different nonconforming use, nor enlarged so as to make use of more land area that was used at the time of becoming nonconforming. No Class B nonconforming use or structure shall be permitted to continue in existence if it was unlawful at the time of its inception.

(Ord. § 906, 9-14-2009)

Any nonconforming parcel of land shown as a lot in a map recorded with the county register of deeds, or described in a deed or land contract or lease agreement which has been perpetual, executed together with an affidavit or acknowledgment of a notary public, prior to the effective date of this chapter, and which lot actually exists as shown or described may be used for permitted uses even though the lot area and/or dimensions are less than those required for the district in which the lot is located, provided that yard dimensions and other requirements of the district, not involving lot area or width, are met. If a parcel contains more than one nonconforming lot, which is contiguous and in one ownership and would make one or more conforming lots, then only one structure would be permitted per conforming parcel. In addition, if a parcel contains more than one nonconforming lot which is contiguous and in one ownership but would not make one or more conforming lots, then only one structure would be permitted per parcel. The spirit of this provision is to limit density in areas of historically small lots to provide for proper isolation for wells, septic systems, drainage and similar public health considerations. No vested right shall arise to the property owner for any parcel created in violation of any preceding township zoning ordinance.

(Ord. § 907, 9-14-2009)

The planning commission shall review the particular facts and circumstances of each proposal in terms of the intent of this subchapter and the general standards as set out in section 150.128 of this chapter. Each individual proposal shall follow the procedure identified in section 150.181 of this chapter.

(Ord. § 906, 9-14-2009)