Buildings and structures and uses of buildings and structures and uses of land which were lawful under the Emmett Township Zoning Ordinance of 1976 and prior zoning ordinances, as amended, may be continued, although such structure, building or use does not conform to the provisions and regulations of this ordinance, subject to the limitations, conditions and requirements set forth in the following sections of this article 7.

The building, structure or land or the use thereof shall not be structurally changed, altered, enlarged or increased or moved in whole or in part unless the building, structure or land or use thereof in its entirety conforms to the provisions of this ordinance applicable to the district in which it is located.

A nonconforming use of a building or structure or land shall not be extended in any manner unless such use in its entirety complies with the provisions of this ordinance applicable to the district in which it is located.

Whenever a nonconforming use of land shall be abandoned for a period of more than 90 consecutive days and whenever a nonconforming use of a building or structure shall be abandoned for six consecutive months, such use shall not thereafter be reestablished or continued in any manner unless such use conforms to the provisions of this ordinance applicable to the district in which it is located.

If a nonconforming building or structure, a nonconforming use of a building or structure or land is changed or altered in any manner so as to bring it into compliance with the provisions of this ordinance applicable to the district in which it is located, such building or structure, use of building or structure, or use of land shall not thereafter be changed back to a nonconforming use, building or structure.

Nothing in this ordinance shall prohibit the improvement or modernizing of a lawful nonconforming building or structure, provided that such improvement or modernizing does not increase the height, area, bulk or use of such building or structure except in the following cases:

a.

Increase in height, area or bulk is confined to required setbacks.

b.

A conforming addition is made to a lawful nonconforming structure.

Any lawful nonconforming building or structure may be repaired during its normal useful life to correct deterioration, obsolescence, depreciation and normal wear and tear, provided that such repair does not exceed an aggregate cost of 30 percent of the assessed value of the building or structure.

Any lawful nonconforming use damaged by fire, explosion, flood or other act of God may be restored or rebuilt provided that such restoration or rebuilding does not exceed 60 percent of such building's or structure's assessed valuation, exclusive of the assessed value of the foundation.

When, on the effective date of this ordinance or any amendment thereto, a building permit has already been issued for the construction or erection of a nonconforming building or structure, such building or structure may be completed in accordance with the building permit and shall thereafter become a nonconforming building or structure provided that construction is commenced within 90 days after the issuance of the building permit and that construction is carried on diligently and in accordance with the building permit and completed within two years after the issuance of the building permit.

Whenever the boundaries of a district shall be changed by amendments to this ordinance so as to transfer land from one district to another of a different classification or having different regulations, lawful building and structure and lawful use of buildings, structures and lands existing on the effective date of such amendment shall become legal nonconforming buildings or structures or uses of buildings or structures or uses of land as a result of the boundary change.

In accordance with Sec. 208 of 2006 PA 110 (MCL 125.3208), as amended, or any other state law applicable hereto, the township board may acquire by condemnation, purchase or other means, properties on which illegal buildings or structures or uses are located and may remove such uses, buildings or structures or may be used by the township for a public use. The cost and expenses of such acquisition may be assessed against a benefit district, or may be paid from other sources of revenue.

A.

No marijuana facility operating or purporting to operate prior to December 15, 2017, shall be deemed to have been a legally existing use nor shall the operation of such marijuana facility be deemed a legal nonconforming use under this ordinance.

B.

A property owner shall not have vested rights nor nonconforming use rights that would serve as a basis for failing to comply with this ordinance or any amendment thereto.

C.

Discontinuation of a state medical marijuana facility license shall constitute prima facie evidence that a nonconformity has been discontinued.

(Ord. No. 1-2018(2), § 1, 3-22-2018; Ord. No. 5-2018, § 1, 9-13-2018)