NONCONFORMING USES10
State Law reference— Nonconforming uses or structures, MCL 125.3208.
The use of properties and buildings which are on record and conforming at the effective date of the ordinance from which this article is derived shall be treated as though they are conforming uses as long as their size and use remains as it was at the effective date of the ordinance from which this article is derived, even though such use does not conform with the provisions of this article or any amendment thereto.
(1)
No 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 article is derived.
(2)
No nonconforming use shall be moved, in whole or in part, to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the ordinance from which this article is derived.
(3)
Any nonconforming use may be extended throughout any parts of a building designed for such use at the time of adoption or amendment of the ordinance from which this article is derived, but no such use shall be extended to occupy any land outside such building.
(4)
No existing structure devoted to a use not permitted in the district in which it is located shall be enlarged, extended, constructed, moved or structurally altered unless it is changed to a use permitted in the district in which it is located.
(5)
A nonconforming use may be changed to another nonconforming use as a conditional use if the planning commission finds that such new use would decrease the degree of nonconformance and would not adversely affect adjacent property owners of the township for reasons of health, safety or general welfare. Whenever a nonconforming use is changed to a more conforming use, such use shall not thereafter revert to the prior nonconforming use.
(6)
If a nonconforming use is discontinued for a period of one year or more, it may not thereafter be continued. No nonconforming use, if changed to a use permitted in the district in which it is located, shall be resumed or changed back to a nonconforming use.
The properties and buildings which are on record at the effective date of the ordinance from which this article is derived shall be treated as though they are conforming properties and buildings as long as their size and use remains as it was at the effective date of the ordinance from which this article is derived, except as allowed within this section even though such building or structure does not conform with the provisions of this article or any amendments thereto.
(1)
No nonconforming structure may be enlarged or altered closer than the existing structure's front, side or rear line. No nonconforming structure may be enlarged or altered if the existing structure's front, side or rear line is closer than one-half the required setback for the district the structure is located in.
(2)
Should such structure be moved for any reason, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(3)
Repairs and maintenance work required to keep a nonconforming structure in sound condition may be made.
(4)
A structure or use damaged by the elements, public enemy, or other casualty may be rebuilt or restored to its size prior to such damage and its use resumed.
(5)
Any building or structure shall be considered existing and lawful and, for the purposes of this section, to have been in use for the purpose for which constructed if, on the effective date of the ordinance from which this this article is derived, a building permit has been obtained therefor, if any effort has been made toward construction, and if construction is completed within a 12-month period.
(a)
A lot that is platted or on record as of the effective date of the ordinance from which this this article is derived shall be treated as though it is conforming as long as the size and use remains as it was at the date of this article.
(b)
Where two or more nonconforming lots are adjacent to each other and in common ownership, such lots shall be combined so that the lot or lots created by this combination comply with the minimum requirements of this article.
NONCONFORMING USES10
State Law reference— Nonconforming uses or structures, MCL 125.3208.
The use of properties and buildings which are on record and conforming at the effective date of the ordinance from which this article is derived shall be treated as though they are conforming uses as long as their size and use remains as it was at the effective date of the ordinance from which this article is derived, even though such use does not conform with the provisions of this article or any amendment thereto.
(1)
No 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 article is derived.
(2)
No nonconforming use shall be moved, in whole or in part, to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of the ordinance from which this article is derived.
(3)
Any nonconforming use may be extended throughout any parts of a building designed for such use at the time of adoption or amendment of the ordinance from which this article is derived, but no such use shall be extended to occupy any land outside such building.
(4)
No existing structure devoted to a use not permitted in the district in which it is located shall be enlarged, extended, constructed, moved or structurally altered unless it is changed to a use permitted in the district in which it is located.
(5)
A nonconforming use may be changed to another nonconforming use as a conditional use if the planning commission finds that such new use would decrease the degree of nonconformance and would not adversely affect adjacent property owners of the township for reasons of health, safety or general welfare. Whenever a nonconforming use is changed to a more conforming use, such use shall not thereafter revert to the prior nonconforming use.
(6)
If a nonconforming use is discontinued for a period of one year or more, it may not thereafter be continued. No nonconforming use, if changed to a use permitted in the district in which it is located, shall be resumed or changed back to a nonconforming use.
The properties and buildings which are on record at the effective date of the ordinance from which this article is derived shall be treated as though they are conforming properties and buildings as long as their size and use remains as it was at the effective date of the ordinance from which this article is derived, except as allowed within this section even though such building or structure does not conform with the provisions of this article or any amendments thereto.
(1)
No nonconforming structure may be enlarged or altered closer than the existing structure's front, side or rear line. No nonconforming structure may be enlarged or altered if the existing structure's front, side or rear line is closer than one-half the required setback for the district the structure is located in.
(2)
Should such structure be moved for any reason, it shall thereafter conform to the regulations for the district in which it is located after it is moved.
(3)
Repairs and maintenance work required to keep a nonconforming structure in sound condition may be made.
(4)
A structure or use damaged by the elements, public enemy, or other casualty may be rebuilt or restored to its size prior to such damage and its use resumed.
(5)
Any building or structure shall be considered existing and lawful and, for the purposes of this section, to have been in use for the purpose for which constructed if, on the effective date of the ordinance from which this this article is derived, a building permit has been obtained therefor, if any effort has been made toward construction, and if construction is completed within a 12-month period.
(a)
A lot that is platted or on record as of the effective date of the ordinance from which this this article is derived shall be treated as though it is conforming as long as the size and use remains as it was at the date of this article.
(b)
Where two or more nonconforming lots are adjacent to each other and in common ownership, such lots shall be combined so that the lot or lots created by this combination comply with the minimum requirements of this article.