It is recognized that there exists within the districts established by this chapter and subsequent amendments lots, structures, and uses of land and structures which were lawful before this chapter was passed or amended, which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved.

It is the intent of this chapter to permit legal nonconforming lots, structures, or uses to continue until they are removed but not to encourage their survival. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

Expanding nonconforming uses prohibited. A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land 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.

Construction prior to adoption excluded. 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 diligently carried on.

In any district in which one-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a one-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter. This provision shall apply even though such lot fails to meet the requirements for area or widths, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. The following side yard requirements shall prevail to a piece or parcel of land platted and identified as a single unit on a plat officially approved and recorded prior to the effective date of this chapter:

Residential lots of record on the date of adoption of this chapter and having double frontage, or being a through lot as defined in Article 2, Construction of Language and Definitions, and with a depth of 350 feet or more, shall be permitted to be divided into two lots split through their present depth, providing minimum lot area requirements for the zoning district are maintained and rights to sewer connection are provided.

Expansion. 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 this chapter.

Moving of use. 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 chapter.

Loss of nonconformance status. If such nonconforming use of land ceases for any reason for a period of more than three months, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

No such structure may be enlarged or altered in a way which increases its nonconformity.

Reconstruction after destruction. Should such structure be destroyed by any means to an extent of more than 60% of the assessed value of the building, exclusive of the foundation, at the time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter.

Removal from foundation. 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 removed.

No 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, unless it can be conclusively shown to the Board of Appeals that such enlargement, expansion, or extension will substantially improve the use and the environment of abutting uses, and will not be cause for making abutting properties unusable as zoned. In granting this approval, the Board of Appeals shall impose the following conditions:

Extension of use throughout building. 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 chapter, but no such use shall be extended to occupy any land outside such building.

Change to more restrictive use class. In any Business or Industrial District, if no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use of the same or a more restricted classification, provided that the Board of Appeals, either by general rule or 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 Appeals may require appropriate conditions and safeguards in accord with the purpose and intent of this chapter. Where a nonconforming use of a structure, land, or structure and land in combination is hereafter changed to a more restrictive classification, it shall not thereafter be changed to a less restrictive classification.

Switch to permitted use irreversible. 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 in which such structure is located, and the nonconforming use may not thereafter be resumed.

Nonconformance discontinued. When a nonconforming use of a structure, or structure and premises in combination, is discontinued or ceases to exist for six consecutive months or for 18 months during any three-year period, 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. Structures occupied by seasonal uses shall be excepted from this provision.

Removal or destruction of structure.

Special exception not nonconforming use. Any use for which a special exception or modification of the standards of this chapter is permitted, as provided in this chapter, shall not be deemed a nonconforming situation, but shall without further action be deemed conforming.

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

Purchase or condemnation by Township.