It is the intent of this article to provide for regulations governing lots, buildings, structures, and uses of land and structures, which were legal before the zoning ordinance was enacted, that would be prohibited under provisions of this article. It is the intent of this article to permit these uses, buildings, structures and lots to continue as they exist until the nonconformity is discontinued or removed.

(a)

Where, on the date of adoption of the ordinance from which this article is derived, a lawful principal use of a lot or parcel exists but is no longer permissible under terms of such ordinance, such principal use may continue so long as it remains otherwise lawful. A change in ownership shall not interfere with this provision.

(b)

Nonconforming uses shall not be changed to another nonconforming use.

(c)

Nonconforming uses shall not be enlarged, expanded, increased, or added to in any manner as to increase the nature of the nonconformity, including but not limited to increasing land coverage, outdoor display or storage area, signs or other advertising or identification display, or installing new equipment relating to such land use.

(d)

Nonconforming uses shall not be reestablished if abandoned in accordance with section 78-707.

(e)

The zoning board of appeals is hereby empowered to consider any request to expand a nonconforming use. The board shall not grant approval to any request to expand a nonconforming use, unless the board concludes the proposed change conforms to the following standards:

(1)

The proposed change is more conforming to the intent of this chapter;

(2)

The proposed use modification complies as nearly as possible with the requirements of this chapter;

(3)

The proposed change will not interfere with or cause adverse impact to any adjoining property; and

(4)

The change is the minimum necessary to provide relief from a demonstrated practical difficulty experienced by the property owner.

(a)

Nonconforming single-family dwellings may be altered, expanded, or remodeled, provided that such alteration or expansion shall not increase the extent of nonconformity and shall satisfy all requirements imposed in this chapter. An addition or expansion of a dwelling shall not encroach a required front, side, or rear yard setback, except as may be allowed by variance issued pursuant to section 78-705.

(b)

All nonconforming buildings and structures, other than those occupied as a single-family dwelling, shall not be altered, expanded, or remodeled without approval of the zoning board of appeals. The zoning board of appeals shall not approve any structural alteration or expansion unless all standards of subsection 78-702(e)(1)—(4) are met. If the zoning board of appeals concludes that the standards of subsection 78-702(e)(1)—(4) will be met, then the board shall require all means reasonable and practical to minimize the increase in the nonconformity of the building or structure. In no case shall the board of appeals approve an expansion into a required front yard setback along Arlington Street, Broadway Street, East or West Main Street, State Street, Grand Rapids Street, West State Road, or State Highway M-37. In all other cases, expansion into the required front setback shall not be permitted unless the applicant clearly demonstrates no other alternative is available on the premises. Expansion may be permitted into a side or rear yard if the board of appeals concludes the standards of subsection 78-702(e)(1)—(4) have been met.

(c)

Whenever a nonconforming building or structure is permitted to expand or enlarge in any manner, all portions of the building shall have common exterior finish and the entire building shall be brought into conformance with the building code in effect within the village.

(a)

Nonconforming buildings and structures, including signs, shall not be reestablished except in a conforming condition after damage or destruction, regardless of the cause, if the estimated costs of repair and reconstruction exceed 50 percent of the current fair market value of the building or structure. The Thornapple Township assessor shall determine fair market value of the building or structure, as if in good condition and of the same age. The owner will provide a construction cost estimate to the village for complete repair and reconstruction. The zoning administrator, using information from the township assessor, the owner and other sources shall determine in writing whether the repair costs exceed 50 percent of market value. Persons aggrieved by the zoning administrator's decision may appeal to the zoning board of appeals in accordance with section 78-788(1).

(b)

In cases where the cost of repair or reconstruction does exceed 50 percent, the nonconforming building or structure shall not be replaced unless in full compliance with the terms of this Code, and absent any nonconformity. Persons aggrieved by the zoning administrator's decision may appeal to the zoning board of appeals in accordance with section 78-788(1).

(Ord. No. 2086, § 35, 7-12-2016)

(a)

Where the owner of a single, lawful nonconforming lot of record in existence at the effective date of the ordinance from which this article is derived does not own sufficient land to enable conformance with requirements of this chapter relating to lot width, lot area, or both, such lot of record may be used as a building site, provided that requirements of this article are met to the extent reasonable and practical. The zoning administrator may permit a variance of required, side yard and/or rear yard setback for the principal building or detached accessory building to be placed on a legal, nonconforming lot of record of up to one-half the setback requirement. The zoning administrator may grant an administrative variance for a principal building in the front yard setback equal to the average depth of the established setbacks of adjoining parcels on either side of and within a distance of 150 feet of the nonconforming lot of record. Any other variance from the requirements of this chapter shall require review and approval by the zoning board of appeals.

(b)

Prior to granting a front yard, side yard or rear yard variance on a lot of record, the zoning administrator shall provide written notice to the property owner on record, based on the most recent tax assessment roll. The notice shall state the proposed construction, nature of the variance, and the variance applicability based on subsection (a).

(c)

Lawfully created nonconforming lots of record may not be divided except in conformance with terms and requirements of this section.

(Ord. No. 2124, § 10, 3-22-2022)

All nonconforming buildings and structures within the village shall be maintained in accordance with the building and maintenance codes in effect in the village and all exterior walls and doors kept in good condition, without peeling paint, unfinished siding, and other conditions reflecting lack of proper maintenance. Windows shall have glass in each pane and shall not be covered on their exterior with plywood or other materials.

Any nonconforming use, or nonconforming use of structure and premises in combination, shall be considered abandoned and such use shall not be resumed thereafter if any of the following conditions apply:

(1)

When the owner declares or otherwise makes evident his intent to discontinue such use as existed at the time of adoption of this chapter or an amendment to this chapter.

(2)

When the nonconforming use, or nonconforming use of structure and land in combination, has been replaced by a conforming structure or use.

(3)

The cessation of the nonconforming use, or nonconforming use of structure and land in combination, for a period of 90 consecutive days shall result in a rebuttable presumption of the owner's and any lawful occupant's intent to permanently discontinue and abandon the nonconforming use, or nonconforming use of structure and land in combination. At any time after said 90-consecutive-day period, the zoning administrator may notify the owner and any occupants in writing of said presumption and such writing shall provide the owner and any occupants at least 30 days to rebut the presumption in writing addressed and delivered to the zoning administrator by certified mail with a return receipt. If the owner and occupants fail to provide written evidence rebutting the presumption within said 30-day period, the owner's and occupant's intent to discontinue and abandon the nonconforming use, or nonconforming use of structure and land in combination, shall thereby be established. The notice from the zoning administrator shall be sent by certified mail, with a return receipt, to the owner and any occupants at the mailing address of the owner listed on the village tax rolls and at the street address of the property in question if a building with an address exists at said location.