Within the districts established by this chapter, or amendments that may later be adopted, there exist lots, land, structures, and uses thereof which were lawful before this chapter was passed or amended but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments. It is the intent of this chapter to permit these nonconformities to continue until they are removed but not to encourage their continuation. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, except as provided elsewhere in this chapter, nor used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(Ord. No. 90, § 6.01, 12-24-2016)

Nonconforming uses are declared by this chapter to be incompatible with permitted uses in the districts involved. A nonconforming use of land, structure, or combination thereof shall not be extended or enlarged after passage of this chapter by attachment on a building or premises of additional signs intended to be seen from off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved, except as provided elsewhere in this chapter.

(Ord. No. 90, § 6.02, 12-24-2016)

To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the 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 chapter and upon which actual building construction has been carried on diligently. Actual construction is defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation or demolition or removal of an existing building has been substantially begun preparatory to building, such excavation or demolition or removal shall be deemed to be actual construction, provided that work shall be carried on diligently.

(Ord. No. 90, § 6.03, 12-24-2016)

(a)

Contiguous parcels under single ownership. When two or more parcels of land, each of which lack adequate area or dimension to qualify for a permitted use under the requirements of the use district in which they are located, are contiguous and are held in one ownership, they shall be used as one zoning lot for such use (see Lot, zoning, in section 40-1).

(b)

Adjoining nonconforming lots under single ownership. Any zoning lot of record consisting of two or more nonconforming parcels of land under single ownership, regardless of the form of recording, shall be considered one zoning lot of record, and the zoning lot may not be divided to create a lot or zoning lot in violation of the terms of this chapter.

(c)

Lot area and lot frontage restrictions; exemption. Lot area and lot frontage restrictions shall not apply to any lots or parcels of land which are part of a recorded plat, and at the time of the adoption of the ordinance from which this chapter is derived such plats disclose lot areas or lot frontages of less than those governed by the terms of this chapter.

(Ord. No. 90, § 6.04, 12-24-2016)

Except as provided elsewhere in this chapter, where, at the time of passage of the ordinance from which this chapter is derived, lawful use of land exists which would not be permitted by the regulations imposed by this chapter, and where such use involves no individual structure with a replacement cost exceeding $1,000.00, the use may be continued so long as it remains otherwise lawful, provided:

(1)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance from which this chapter is derived;

(2)

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of the ordinance from which this chapter is derived;

(3)

If any such nonconforming use of land ceases for any reason for a period of more than one year, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located; and

(4)

No additional structure not conforming to the requirements of this chapter shall be erected in connection with such nonconforming use of land.

(Ord. No. 90, § 6.05, 12-24-2016)

Except as provided elsewhere in this chapter, where a lawful structure exists at the effective date of adoption or amendment of the ordinance from which this chapter is derived that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, its location on the lot, or other requirements concerning the structure, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity; except as provided elsewhere in this chapter.

(2)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(3)

A lawful nonconforming dwelling may be enlarged as long as the addition to the dwelling meets all ordinance restrictions, including, but not limited to, area, lot coverage, height, setbacks and location on the lot.

(Ord. No. 90, § 6.06, 12-24-2016; Ord. No. 112, § I, 6-12-2019)

Except as provided elsewhere in this chapter, if lawful use involving individual structures with a replacement cost of $1,000.00 or more, or of structure and premises in combination, exists at the effective date of adoption or amendment of the ordinance from which this chapter is derived that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

An existing structure devoted to a use not permitted by this chapter 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.

(2)

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

(3)

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may as a special land use be changed to another nonconforming use, provided that the township board, by making findings in the specific case, shall find the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the township board may require appropriate conditions and safeguards in accordance with the provisions of this chapter.

(4)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

(5)

If a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for 12 consecutive months, the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

(6)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction for the purpose of this subsection is defined as damage to an extent of more than 50 percent of the replacement cost at the time of destruction.

(Ord. No. 90, § 6.07, 12-24-2016)

Residential dwellings on properties that are lawfully in existence at the time of the enactment of the ordinance from which this chapter is derived or which shall become lawful existing nonconforming buildings or structures due to an amendment to this chapter, that is destroyed by an act of God or accident to an extent of more than 50 percent of its replacement cost at the time of destruction, may be replaced with a new residential building or structure if the following conditions are met:

(1)

A new dwelling cannot be built on the property to meet all of the districts setback requirements.

(2)

The new dwelling does not exceed the footprint of the nonconforming portions of the original dwelling.

(3)

There is one dwelling located on the property.

(4)

The new dwelling must be a minimum of five feet from each side lot line.

(5)

The new dwelling may not extend outside of the existing structure's width, length, and height if the extension is not in complete compliance with the schedule of district regulations (section 40-42) for this zoning district unless varied by the zoning board of appeals.

(Ord. No. 90, § 6.08, 12-24-2016)

(a)

Ordinary repairs. On any nonconforming structure or portion of a structure containing a nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs not to exceed 25 percent of the current replacement cost of the nonconforming structure.

(b)

Safety repairs permitted. Nothing in this chapter 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, provided that the cubic content existing when it became not conforming shall not be increased.

(Ord. No. 90, § 6.09, 12-24-2016)

Any use which is approved by the township board after the effective date of the ordinance from which this chapter is derived as a special land use in a district under the terms of this chapter shall not be deemed a nonconforming use in such district but shall, without further action, be considered a conforming use.

(Ord. No. 90, § 6.10, 12-24-2016)