Nonconformities are uses, structures, buildings, or lots which do not conform to one or more provisions or requirements of this ordinance or a subsequent amendment, but which were lawfully established prior to the effective date of adoption or amendment of the ordinance. It is the intent of this ordinance to permit such nonconformities to continue under certain conditions, but to discourage their expansion, enlargement, or extension. Accordingly, the purpose of this section is to establish regulations that govern the completion, restoration, reconstruction, extension, and/or substitution of nonconformities, and to specify the circumstances and conditions under which nonconformities shall be permitted to continue.

The building official shall be responsible for determining legal nonconforming uses, structures, and lots in existence on the effective date of adoption or amendment of this ordinance, and for maintaining records of nonconforming uses, structures, and lots as accurately as is feasible. Said record is intended for use by the township officials only, and is not intended as notice to any owner or person that has any such building, structure, property, or use within the township.

Any failure to prepare such record, or any failure on the part of any official to list any land, building, structure or use on any such record, shall in no way mitigate against the application of the rules and regulations controlling and eliminating said nonconforming buildings, structures, lands or uses as contained in this ordinance.

Failure on the part of a property owner to provide the building official with necessary information to determine legal nonconforming status may result in denial of required or requested permits.

The following regulations shall apply to all nonconforming uses, structures, and lots:

A.

Unlawful nonconformities. No nonconformity shall be permitted to continue in existence if it was unlawful at the time it was established.

B.

Change of tenancy or ownership. In the event there is a change in tenancy or ownership, an existing nonconforming use, structure, or lot shall be allowed to continue provided there is no change in the nature or character of such nonconformity.

C.

Special uses. Any use for which a special use has been granted as provided in this ordinance shall not be deemed a nonconformity.

D.

Substitution. A nonconforming use may be changed to another nonconforming use upon approval of the Community Planner subject to the following provisions:

1.

Structural alterations shall not be necessary to accommodate the new nonconforming use, and the proposed nonconforming use is equally or more appropriate in the zoning district than the existing nonconforming use. Reasonable conditions and safeguards may be placed on such change consistent with the intent and purpose of this Ordinance. The decision of the Community Planner may be appealed in accordance with Section 27.05 of this Ordinance.

2.

Where a nonconforming use of a structure, land, or structure and land in combination is hereafter changed to a more-restrictive use, it shall not thereafter be changed to a less-restricted use.

E.

Reversion. If a legally nonconforming use is eliminated, ceases to exist, or is replaced with a permitted or special land use for the zoning district in which it is located, the legally nonconforming use shall terminate and shall not be reestablished. All subsequent use shall be consistent with the zoning district in which it is located.

F.

Change of location. A nonconforming use shall not 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. If a nonconforming structure is moved, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

G.

Repairs and maintenance. Routine maintenance and repairs, including repair or replacement of non-bearing walls, fixtures, wiring, or plumbing, may be conducted on any nonconforming structure, nonconforming portion of the structure, or structure containing a nonconforming use. Such repairs are permitted provided the structure is not enlarged beyond the condition as it existed at the effective date of adoption or amendment of this ordinance.

A nonconforming structure, nonconforming portion of a structure, or a structure containing a nonconforming use which is physically unsafe or unlawful due to lack of repairs and maintenance, as determined by the building official may be restored to a safe condition. Where enlargement or structural alteration is necessary to allow compliance with health and safety laws or ordinances, the cost of such work shall not exceed 25 percent of the structure's fair market value, as determined by the township assessor at the time such work is done.

H.

Damage by fire or other catastrophe. Any nonconforming structure or structure containing a nonconforming use that is damaged by fire, flood, or other means in excess of 50 percent of the structure's pre-catastrophe fair market value, as determined by the township assessor, shall not be rebuilt, repaired, or reconstructed, except in complete conformity with the provisions of this ordinance.

In the event that the damage is less than 50 percent of the structure's pre-catastrophe fair market value, the structure may be restored to its pre-catastrophe status. Such restoration shall take place only upon approval of the building official and in full compliance with applicable provisions of this ordinance.

I.

Construction in progress. 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 diligently conducted. Actual construction shall include the placing and attaching of construction materials in permanent position and manner. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such work shall be deemed to be actual construction, provided that such work shall be diligently conducted until completion of the building involved.

J.

Cessation of operation.

1.

A nonconforming use of a structure or a structure and land in combination that ceases operation for a period of more than six months shall thereafter conform to the regulations pertaining to the uses permitted in the district in which such structure or structure and land in combination is located. Structures occupied by seasonal uses permitted by this ordinance shall be excepted from this provision only so long as seasonal uses shall continue.

2.

A nonconforming use of land that ceases operation for a period of more than six months shall thereafter conform to the regulations pertaining to the uses permitted in the district in which such land is located.

(Ord. of 3-18-2024(1))

A.

Nonconforming uses of land. Any lawful nonconforming use of land established prior to the effective date of adoption or amendment of this ordinance shall not be considered to be in violation of this ordinance and may be continued, subject to the following provisions:

1.

A nonconforming use shall remain otherwise lawful.

2.

A nonconforming use shall not be enlarged, 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.

Nonconforming uses of structures or structures and land in combination. Any lawful nonconforming use of a structure, or of a structure and land in combination, established prior to the effective date of adoption or amendment of this ordinance shall not be considered to be in violation of this ordinance and may be continued, subject to the following provisions:

1.

A nonconforming use of a structure, or of a structure and land in combination, shall remain otherwise lawful.

2.

A structure devoted to a use not permitted by this ordinance in the district in which it is located shall not 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 is it located.

3.

A nonconforming use may be extended throughout any part of a building which was 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.

Nonconforming structures. Any lawful nonconforming structure established prior to the effective date of adoption or amendment of this ordinance shall not be considered to be in violation of this ordinance and may be continued, subject to the following provisions:

1.

A nonconforming structure shall remain otherwise lawful.

2.

A nonconforming structure shall not be enlarged or altered in a way which increases its nonconformity, except as herein provided.

The following regulations shall apply to any nonconforming lot of record or nonconforming lot described in a deed or land contract executed and delivered prior to the effective date of this ordinance or amendment thereto:

(A)

Use of nonconforming lots. Any nonconforming lot shall be used only for a use permitted in the district in which it is located. Notwithstanding limitations imposed by other provisions of this ordinance, a conforming use and conforming structure may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance. This provision shall apply even though such lot fails to meet the applicable requirements for area or width, or both, subject to the following provisions:

(1)

The lot can be reasonably developed for the use proposed,

(2)

The lot can be developed as proposed without any significant adverse impact on surrounding properties or the public health and safety, and

(3)

The lot is in conformance with all other applicable setback and lot requirements for the district in which it is located.

(B)

Application for use of nonconforming lots. Any application for construction on a nonconforming lot of record shall be submitted to Canton Township in the same manner as a similar application on a conforming lot.

(C)

Nonconforming contiguous lots under the same ownership. If two (2) or more lots or combination of lots with contiguous frontage in single ownership are of record at the time of adoption or amendment of this ordinance, and if all or part of the individual lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be one (1) individual parcel for the purpose of this ordinance, except as permitted below for platted residential lots. No portion of said parcel shall be used, occupied, or sold in a manner which diminishes compliance with lot width and area requirements established by this ordinance, nor shall any division of a parcel be made which creates a lot with width or area less than the requirements stated in this ordinance unless otherwise authorized for platted residential lots by waiver or exception pursuant to section 186 of the Michigan Land Division Act (MCL 560.186) as follows:

(1)

Platted residential lots with public water and public sanitary sewer. The planning commission may approve a waiver from the requirements of Subsection 3.05(C) above for two (2) or more nonconforming contiguous residential platted lots under the same ownership if it finds that all of the following criteria are met:

(a)

Connection to a public water and public sanitary sewer system is available, is accessible, and will serve the lots;

(b)

Each lot has frontage on an approved road; and

(c)

Each lot is of sufficient area and width for a principal building to comply with all setback requirements of the zoning district.

(2)

Platted residential lots with public sanitary sewer but without public water. The planning commission may approve a waiver from the requirements of Subsection 3.05(C) above for two (2) or more nonconforming contiguous residential platted lots under the same ownership if connection to a public sanitary sewer system is available and accessible, but public water is not available, if the planning commission finds that all of the following criteria are met:

(a)

All of the requirements of MCL 560.186(3) are met;

(b)

Each lot has frontage on an approved road; and

(c)

Each lot is of sufficient area and width for a principal building to comply with all setback requirements of the zoning district.

(Ord. of 3-18-2024(1); Ord. of 1-14-2025)