- NONCONFORMING BUILDINGS AND USES
The lawful use of a building existing at the time of the effective date of this title may be continued although such use does not conform to the provisions hereof.
The lawful use of land and advertising signs and bulletin boards which do not conform to the provisions of this title shall be discontinued within one year from the effective date of this title, and the use of land and signs and bulletin boards which become nonconforming by reason of a subsequent change in this title shall also be discontinued within one year from the date of the change.
Exception: Land uses for agricultural purposes may continue in such use although it does not conform to the provisions hereof.
Continuance of nonconforming uses and structures shall be subject to all following provisions that apply. A nonconforming use shall not be expanded.
If no structural alterations are made, a nonconforming use of a building may be changed, with consent of the zoning board of appeals, to another nonconforming use similar in nature to the original nonconforming use and permitted within the same zone classification. With or without structural alterations the zoning board of appeals may permit a nonconforming use to be changed to a more conforming use. Whenever a nonconforming use has been changed to a more nearly conforming use or to a conforming use, such use shall not thereafter be changed to a less conforming use.
In the event that a nonconforming use is discontinued for a period of one year, the use of the property shall thereafter conform to a use permitted in the zone in which it is located.
A residential building which is nonconforming because of inadequate living space may be expanded, altered or rehabilitated if such activity will make it more conforming, or conforming to the regulations of this title or building codes. Nonresidential nonconforming buildings shall not be expanded if it increases the degree of nonconformance. Buildings necessary for an existing agricultural activity may be enlarged, altered or rehabilitated if the purpose is to maintain or improve the agricultural activity.
If a building permit had been issued for a nonconforming building prior to the passage of this title such proposed building shall be permitted: Provided,
(1)
Construction is begun within 30 days after the effective date of this title.
(2)
That the construction is continuous until the building is complete.
Nothing in this title shall prevent the repair, reinforcement or reconstruction of a nonconforming building, or part thereof, rendered necessary by wear and tear, deterioration or depreciation, provided the cost of such work shall not exceed 50 percent of the state equalized valuation of such building at the time such work is done, nor shall any provision of this title prevent compliance with the provisions of any building code in effect in the township.
When a building containing a nonconforming use, or nonconforming as to floor area, height, or bulk, is damaged by fire, explosion, act of God, the public enemy, or is legally condemned to the extent of more than 50 percent of its state equalized value for tax purposes, the new construction which is erected in place of said destroyed or condemned portion shall be erected in conformance with the use, area, height, floor area and bulk regulations of the district in which said structure is located.
When a building containing a nonconforming use, or nonconforming as to floor area, height, or bulk, is damaged by fire, explosion, act of God, the public enemy, or is legally condemned to the extent of less than 50 percent of its state equalized value for tax purposes, it may only be restored to its original size and use upon the issuance of a permit by the zoning board of appeals, and its decision shall be final, subject only to a judicial review in the event of an arbitrary abuse of discretion of said board.
The extent of the damage to the structure affected as herein contemplated shall be determined by the zoning board of appeals after receiving an estimate of the damage rated by the same formula used for tax purposes from the assessing officer and a structural damage report from the fire marshal, or fire chief.
The creation of new parking and/or loading spaces to completely eliminate a deficiency existing prior to damage or condemnation shall not be required in connection with said reconstruction, except where said destruction or condemnation is greater than 50 percent or more of the gross floor area of the structure. The degree of conformance to the parking and/or loading space requirements shall be not less than originally achieved, but shall be to the highest degree of conformity that is practical.
- NONCONFORMING BUILDINGS AND USES
The lawful use of a building existing at the time of the effective date of this title may be continued although such use does not conform to the provisions hereof.
The lawful use of land and advertising signs and bulletin boards which do not conform to the provisions of this title shall be discontinued within one year from the effective date of this title, and the use of land and signs and bulletin boards which become nonconforming by reason of a subsequent change in this title shall also be discontinued within one year from the date of the change.
Exception: Land uses for agricultural purposes may continue in such use although it does not conform to the provisions hereof.
Continuance of nonconforming uses and structures shall be subject to all following provisions that apply. A nonconforming use shall not be expanded.
If no structural alterations are made, a nonconforming use of a building may be changed, with consent of the zoning board of appeals, to another nonconforming use similar in nature to the original nonconforming use and permitted within the same zone classification. With or without structural alterations the zoning board of appeals may permit a nonconforming use to be changed to a more conforming use. Whenever a nonconforming use has been changed to a more nearly conforming use or to a conforming use, such use shall not thereafter be changed to a less conforming use.
In the event that a nonconforming use is discontinued for a period of one year, the use of the property shall thereafter conform to a use permitted in the zone in which it is located.
A residential building which is nonconforming because of inadequate living space may be expanded, altered or rehabilitated if such activity will make it more conforming, or conforming to the regulations of this title or building codes. Nonresidential nonconforming buildings shall not be expanded if it increases the degree of nonconformance. Buildings necessary for an existing agricultural activity may be enlarged, altered or rehabilitated if the purpose is to maintain or improve the agricultural activity.
If a building permit had been issued for a nonconforming building prior to the passage of this title such proposed building shall be permitted: Provided,
(1)
Construction is begun within 30 days after the effective date of this title.
(2)
That the construction is continuous until the building is complete.
Nothing in this title shall prevent the repair, reinforcement or reconstruction of a nonconforming building, or part thereof, rendered necessary by wear and tear, deterioration or depreciation, provided the cost of such work shall not exceed 50 percent of the state equalized valuation of such building at the time such work is done, nor shall any provision of this title prevent compliance with the provisions of any building code in effect in the township.
When a building containing a nonconforming use, or nonconforming as to floor area, height, or bulk, is damaged by fire, explosion, act of God, the public enemy, or is legally condemned to the extent of more than 50 percent of its state equalized value for tax purposes, the new construction which is erected in place of said destroyed or condemned portion shall be erected in conformance with the use, area, height, floor area and bulk regulations of the district in which said structure is located.
When a building containing a nonconforming use, or nonconforming as to floor area, height, or bulk, is damaged by fire, explosion, act of God, the public enemy, or is legally condemned to the extent of less than 50 percent of its state equalized value for tax purposes, it may only be restored to its original size and use upon the issuance of a permit by the zoning board of appeals, and its decision shall be final, subject only to a judicial review in the event of an arbitrary abuse of discretion of said board.
The extent of the damage to the structure affected as herein contemplated shall be determined by the zoning board of appeals after receiving an estimate of the damage rated by the same formula used for tax purposes from the assessing officer and a structural damage report from the fire marshal, or fire chief.
The creation of new parking and/or loading spaces to completely eliminate a deficiency existing prior to damage or condemnation shall not be required in connection with said reconstruction, except where said destruction or condemnation is greater than 50 percent or more of the gross floor area of the structure. The degree of conformance to the parking and/or loading space requirements shall be not less than originally achieved, but shall be to the highest degree of conformity that is practical.