Upon the adoption of the ordinance from which this article is derived or subsequent amendments, there may exist lots, structures, and uses of land and structures which were lawful prior to the adoption of the ordinance, or amendment thereto, but which are not in conformance with the provisions of the ordinance, or amendment thereto. It is the intent of this article to permit these nonconforming lots, structures and uses to continue, but not to encourage their prolonged existence, because nonconforming lots, structures and uses, so long as they exist, prevent the full realization of the goals and policies of the township master plan, the spirit of this chapter is to reduce, rather than increase such nonconformance.

(Ord. of 7-18-2022)

(a)

In any district in which single-family dwellings are permitted, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of the ordinance from which this chapter is derived may be utilized for single residence purposes, provided the width and depth is not less than 66⅔ percent of that required by this chapter. The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. This provision shall prevail even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district, provided that yard dimensions and requirements other than these applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located.

(b)

If two or more lots or combinations of lots and portions of lots with continuous frontage in single ownership are of record at the time of passage or amendment of the ordinance from which this chapter is derived, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.

(Ord. of 7-18-2022)

Where, at the effective date of the ordinance from which this article is derived or amendment thereto, lawful use of land exists that is made no longer permissible under the provisions of this chapter as enacted or amended, such use may be continued so long as it remains otherwise lawful, subject to the following limitations:

(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 article for the district in which such land is located.

(4)

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

(Ord. of 7-18-2022)

Where a lawful structure exists at the effective date of adoption of the ordinance from which this article 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 provision:

(1)

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity with the provision of this article.

(2)

Should such nonconforming structure or nonconforming portion of structure be destroyed by any means to an extent of more than 50 percent of its replacement value at time of destruction, it shall not be reconstructed except:

a.

In conformity with the provisions of this chapter.

b.

Where a single-family residential use exists as a legal non-conforming use. The residence and/or any residential accessory structures can be rebuilt unless the use has been discontinued for more than one year.

(3)

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

(4)

Should such structure shall be altered or modified so as to eliminate, remove or lessen any or all of its nonconforming characteristics, shall not be later reestablished or increased.

(Ord. of 7-18-2022)

If lawful use involving individual structures with an assessed value of $500.00 or more or of structure and premises in combination, exists at the effective date of adoption of the ordinance from which this article 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)

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.

(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 land outside such building.

(3)

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, be changed to another nonconforming use provided that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. Whenever a nonconforming use has been changed to a conforming use, or to a use permitted in a district of greater restriction, it shall not thereafter be changed to a nonconforming use.

(4)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for one year, 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.

(5)

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 section is defined as damaged to an extent of more than 50 percent of the replacement value at time of destruction.

(6)

When located within the R-AG district, an existing nonconforming farm use or structure, or structure and premises in combination, may be re-established if discontinued or abandoned for more than one year. The use must continue in the same intensity and character and may not be expanded or increased following abandonment.

(Ord. of 7-18-2022)

(a)

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, or on repair or replacement of nonbearing walls, fixtures, wiring, or plumbing, to an extent not exceeding 20 percent of the current assessed value of the nonconforming structure or nonconforming portion of the structure as the case may be, provided that the cubic content existing when it became nonconforming shall not be increased.

(b)

If a nonconforming structure or portion of a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of repairs and maintenance, and is declared by the building department to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulation of the district in which it is located.

(Ord. of 7-18-2022)

Any structure on which actual construction was lawfully begun prior to the effective date of the ordinance from which this chapter is derived, or amendment thereto, shall be considered existing and lawful. Nothing in this article shall be deemed to require any change in the plans, construction or use of such structure. Actual construction is hereby defined to include the placing of construction material in a permanent position and fastened in a permanent manner; except that where demolition or removal of an existing building has been substantially begun preparatory to reconstruction, such demolition or removal shall be deemed actual construction.

(Ord. of 7-18-2022)

(a)

Notification of nonconforming use.

(1)

At any time after the adoption of the ordinance from which this article is derived should the township become aware of a nonconforming use, the owner of said nonconforming use shall be notified by the building department of the provisions of this section that his property constitutes a nonconforming use. Within 30 days after receipt of said notice, the owner shall apply for and be issued a certificate of occupancy for the nonconforming use. The application of such certificate shall designate the locations, nature, and extent of the nonconforming use and such other details as may be necessary for the issuance of the certificate of occupancy.

(2)

If the owner of a nonconforming use fails to apply for a certificate of occupancy within 30 days after receipt of the foregoing notice, the use ceases to be nonconforming and is hereby declared to be in violation of this ordinance. The building department and the township attorney shall take appropriate action to enjoin such violation.

(b)

If the building department shall find, upon reviewing the application for a certificate of occupancy, that the existing use is illegal or in violation of any other ordinance or law or if he finds that the building for which the certificate is requested has been constructed or altered for the existing use or any other use without full compliance with the construction code or the zoning ordinance in effect at the time of construction or alteration, he shall not issue the certificate of occupancy but shall declare such use to be in violation of this chapter.

(c)

The certificate of occupancy issued by the building department for a nonconforming use shall state the use may be continued for a period of 12 months. The certificate of occupancy may be renewed.

(d)

After the adoption of the ordinance from which this article is derived, or any amendments thereto, the building department shall prepare a record of all known nonconformity uses and occupations of lands, buildings, and structures, including tents and trailer coaches, existing at the time of such ordinance or amendment. Such record shall contain the names and addresses of the owners of record of such nonconforming use and of any occupant, other than the owner, the legal description of the land, and the nature and extent of use. Such list shall be available at all times in the office of the township clerk.

(Ord. of 7-18-2022)