It is the intent to recognize that the elimination, as expeditiously as is reasonable, of existing structures and uses that are not in conformity with the provisions of this ordinance, is as much a subject of health, safety, and welfare as is the prevention of the establishment of new structures and uses that would violate the provisions of this ordinance. It is therefore, the intent to administer the elimination of nonconforming structures and uses, recognizing established private property rights, and avoiding any undue hardship. The following regulations shall apply to all nonconforming buildings and structures, or parts thereof, and nonconforming uses existing at the effective date of this ordinance.

A.

Continuance of nonconforming building. Any such nonconforming building or structure may be continued and maintained, provided there is no physical change other than necessary maintenance and repair in such building or structure, except as permitted hereinafter in subsections F., G. and H.

B.

Continuance of nonconforming use. Any such nonconforming use may be continued and maintained, provided there is no increase or enlargement of the area, space or volume occupied by, or devoted to, such nonconforming use within a building or on site.

C.

Change of use. The nonconforming use of a building, structure or land may not be changed to a different use unless one of the following conditions has been met:

1.

Such different use is permitted in the zoning district under which the property is currently zoned. The use shall be subject to site plan review and approval as required in this ordinance.

2.

Such proposed use, while still nonconforming, is considered less intense than the previous nonconforming use as determined by the Harrison Township Planning Commission, and would bring the site closer into conformance with existing ordinance standards. A use may be deemed more intense if the planning commission determines that the proposed use meets any of the following criteria:

a.

The proposed use generates more light, noise, air, or other pollution than the current use;

b.

The proposed use generates more traffic and/or turning movements, or negatively alters the traffic circulation pattern on or off the site;

c.

The use generates a greater need for parking on site;

d.

The proposed use causes greater negative economic impacts on adjacent properties than the current use.

e.

Where a use change requires submission of a site plan, the applicant shall be required to comply with all applicable zoning provisions.

D.

Abandonment; termination of nonconforming use. Any part of a building, structure or land occupied by a nonconforming use which hereafter is abandoned and remains unoccupied for a continuous period of 12 months shall not thereafter be occupied, except by a use which conforms to the use regulations of the district in which it is located. This shall not apply to a seasonal nonconforming use of land. However, discontinuation for a full season with no active attempt to sell or market the property shall be considered abandoned and any future use shall conform to this ordinance.

E.

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

F.

Maintenance permitted. Except as otherwise provided in this Section, a nonconforming building or structure may be maintained. The maintenance of such building or structure shall include necessary repairs and incidental alterations. Alterations, however, shall not constitute an expansion of the building or in any other way violate the terms of this section. Provided further, that the cost of such work shall not exceed 30 percent of the assessed valuation of such building or structure at the time such work is done. This requirement shall not be considered as prohibiting the bringing of a structure into conformity with the regulations of the district in which it is located.

G.

Restoration of a damaged or demolished building.

1.

No nonconforming use shall be resumed if it has been changed to a conforming use for any period, or if the structure in which such use is conducted is damaged by fire or other casualty, or by demolition work, to the extent that the cost of reconstruction or repairs exceeds 50 percent of the replacement cost of such structure as defined by the current building code.

2.

No nonconforming use shall be enlarged or extended, nor shall the structure it occupies be repaired or reconstructed if demolished, damaged by fire or other casualty to the extent that the cost of reconstruction or repair exceeds 50 percent of the replacement cost of such structure.

H.

Additions, enlargements, moving.

1.

A building or structure that is nonconforming, in regard to setbacks or height, may be added to or enlarged if such addition or enlargement conforms to the regulations of the district in which it is located. In such case, such addition or enlargement shall be treated as a separate building or structure in determining conformity to all of the requirements of this ordinance.

2.

When a building or structure, or portion thereof, is moved from one district to another or to another location within the same district, it must conform or be made to conform to all of the regulations, ordinances and codes of the district to which it is moved.

I.

Expansion prohibited. A nonconforming use of a portion of a building or structure, which building or structure otherwise conforms to the provisions of this ordinance, shall not be expanded or extended into any other portion of such conforming building or structure, nor changed, except to a conforming use. If such nonconforming use, or portion thereof, is discontinued or changed to a conforming use, any future use of such building, structure, or portion thereof, shall be in conformity to the regulations of the district in which such building or structure is located.

J.

Nonconforming use of land. continuation of use. The nonconforming use of land (where no building is involved) existing at the date this ordinance becomes effective, may be continued, provided that:

1.

No such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property.

2.

If such nonconforming use of land or any portion thereof is discontinued or changed, any future use of such land shall be in conformity with the provisions of this ordinance.

K.

Conformance of special land uses. Any use for which a special land use approval is required in a specific zoning district as provided in this Ordinance shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district. Any change thereafter, however, shall require a site plan and processing as a special land use.

L.

Compliance with regulations for nonconforming buildings or uses. Whenever the owner shall fail to comply with the provisions of this Ordinance relating to removal or discontinuance of a nonconforming use, the building official shall serve notice in writing on such owner or his agent requiring him/her to comply therewith within a reasonable time after such notice. If, after such notice, the owner fails to comply therewith, the building official shall take such action as may be necessary, including civil action, to cause compliance with the provisions hereof.

M.

Nonconforming lot of record; division of nonconforming lot. Parcels shall not be divided in a manner that increases nonconformity, causes an existing structure or site improvement to become nonconforming, or creates one or more nonconforming lots.

Notwithstanding the above, deviations from this subsection may be approved by the township board. A request for a deviation from an administrative decision regarding this subsection may be made to the township board. The township board, at a public review hearing, shall apply the following considerations to determine whether a deviation may be granted:

1.

Whether the proposed lot division, in terms of lot width, area or other characteristics, will be substantially similar to the configuration of existing lots within the vicinity of the subject site.

2.

Whether the proposed lot division will allow for development that is similar to and compatible with the established development pattern and existing land uses within the vicinity of the subject site.

3.

How the strict enforcement of the provisions of this subsection deprives the owner of rights enjoyed by other property owners owning property within the vicinity of the subject site.

4.

Why the requested deviation will not be contrary to the spirit and intent of this zoning ordinance.

N.

Use of a nonconforming lot of record. Any nonconforming lot of record, in regards to frontage, shall only be used as permitted in the district in which it is located. A single nonconforming lot may be developed or improved with a principal building and permitted accessory structures, without the need for a variance, provided that the following conditions have been met:

1.

The lot in question shall not be less than 35 feet in lot width and 100 feet in lot depth.

2.

The structure and lot shall conform with the following:

a.

For single-family and two-family dwellings, side yard setbacks shall be no less than six feet. For all other principal structures, side yard setbacks shall be no less than ten feet.

b.

Rear yard and front yard setbacks shall equal the average established setback of the two principal structures on either side of the subject lot, as applicable. The building official may look at additional principal structures for the average to provide for consistency and aesthetics.

3.

The lot is not under contiguous single ownership with other lots that could be combined into one or more conforming lots.

O.

Contiguous nonconforming lots under the same ownership. Two or more contiguous, nonconforming lots under the same ownership shall be considered one parcel. The applicant shall not be permitted to make improvements to the parcel prior to combining such lots to create one conforming lot of record.

(Ord. No. 308, § 6, 2-13-2017; Ord. No. 308.5, § 1, 4-26-2021; Ord. No. 308.8, § 1, 7-8-2024)