Except where specifically provided to the contrary, and subject to the provisions of this article, the lawful use of any building or structure or of any land or premises which is existing and lawful on the effective date of the ordinance from which this article is derived, or in the case of an amendment of this article, then on the effective date of such amendment, may be continued although such use does not conform with the provisions of this article or any amendment thereto. In addition, except where specifically provided to the contrary and subject to the provisions of this article, a building or structure which is existing and lawful on the effective date of the ordinance from which this article is derived, or, in the case of an amendment of this article, then on the effective date of such amendment, may be maintained and continued although such building or structure does not conform with the provisions of this article or any amendment thereto.

(Ord. No. 16, § 18.01, 3-4-1981)

(a)

Structures, buildings or uses nonconforming by reason of height, area and/or parking and loading space provisions only may be extended, enlarged, altered, remodeled or modernized; provided:

(1)

There is compliance with all height, area, and/or parking and loading provisions with respect to such extension, enlargement, alteration, remodeling or modernization; and

(2)

The zoning inspector shall determine that such alteration, remodeling or modernization will not substantially extend the life of any nonconforming building or structure.

Any use of a building or structure which is nonconforming by reason of parking and loading provisions and which is thereafter made conforming or less nonconforming by the addition of parking and/or loading space shall not thereafter be permitted to use such additionally acquired parking and/or loading space to meet requirements for any extension, enlargement, or change of use which requires greater areas for parking and/or loading space.

(b)

No nonconforming use of any building or structure or of any land or premises which is nonconforming for reasons other than height, area and/or parking and loading space provisions shall hereafter be extended or enlarged:

(1)

Unless all extensions or enlargements do not exceed 50 percent of the area of the original nonconforming use; and

(2)

Unless such extensions or enlargement is authorized by the planning commission as a special use. In considering such authorization, the planning commission shall consider the following standards and article II, division 3 of this chapter:

a.

Whether the extension or enlargement will substantially extend the probable duration of such nonconforming use; and

b.

Whether the extension or enlargement will interfere with the use of other properties in the surrounding neighborhood for the uses for which they have been zoned or with the use of such other properties in compliance with the provisions of this chapter.

(Ord. No. 16, § 18.02, 3-4-1981)

All repairs and maintenance work required to keep a nonconforming building or structure in sound condition may be made, but it shall not be structurally altered to permit the use of such building or structure beyond its natural life except for repairs necessary to maintain public safety. In the event any nonconforming building or structure is damaged by fire, wind, act of God or public enemy, it may be rebuilt or restored if the cost thereof does not exceed the assessed valuation of the nonconforming building or structure prior to its damage or destruction. In the event any nonconforming building or structure is damaged by fire, wind, act of God or public enemy, and the cost of rebuilding or restoration exceeds the assessed valuation of such building or structure prior to its damage or destruction, such rebuilding or restoration shall only be permitted if first authorized by the planning commission as a special use. In considering such authorization, the planning commission shall consider the following standards, in addition to article II, division 3 of this chapter:

(1)

Whether such rebuilding or restoration will substantially extend the probable duration of the nonconforming use.

(2)

Whether or not the land previously occupied by the nonconforming use can be advantageously used for a use permitted in the applicable zoning district.

(Ord. No. 16, § 18.03, 3-4-1981)

The nonconforming use of a building or structure or of any land or premises shall not be:

(1)

Changed to any other nonconforming use;

(2)

Reestablished after discontinuance, vacancy, lack of operation or otherwise for a continuous period of 12 months; or

(3)

Reestablished after it has been changed to a conforming use.

(Ord. No. 16, § 18.04, 3-4-1981)

Any building or structure shall be considered existing and lawful and for purposes of section 38-702, to have been in use for the purpose for which constructed if on the effective date of the ordinance from which this article is derived, a building permit has been obtained therefore, if required, or, if no building permit is required, a substantial start has been made toward construction and construction is thereafter pursued diligently to conclusion.

(Ord. No. 16, § 18.05, 3-4-1981)

Any structures or uses which fail to conform to the previous township zoning ordinance prior to the ordinance from which this article is derived; and which were not permissible, nonconforming uses or structures under that previous township zoning ordinance; and which violate this chapter shall not be considered permissible nonconforming uses under this article but shall be considered impermissible nonconforming uses subject to enforcement action by the township.

(Ord. No. 16, § 18.06, 3-4-1981)