Certain existing lots, structures, and uses of lots and structures were lawful before the ordinance from which this chapter is derived was adopted, but have become nonconforming under the terms of this chapter and its amendments. It is the intent of this article to permit such nonconformities to remain until they are discontinued or removed but not to encourage their survival, or, where discontinuance or removal is not feasible, to gradually upgrade such nonconformities to conforming status. Nonconforming uses and structures shall not be enlarged, expanded, or extended, except as provided herein, and shall not be used as grounds for adding other structures and uses of lots and structures which are prohibited. Nonconforming uses and structures are declared by this article to be incompatible with the structures and uses permitted in the various districts.

(Ord. of 7-22-2013, § 65.01)

(a)

A permitted principal structure and use, and customary accessory structures and uses, may be erected or placed on any single lot of record at the effective date of adoption or amendment of the ordinance from which this chapter is derived. Such lots must be in separate ownership and not contiguous with other lots in the same ownership. This provision shall apply even though such lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and requirements other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the zoning board of appeals.

(b)

If two or more lots or combinations of lots and portions of lots, which are contiguous and in single ownership, are of record at the time of adoption or amendment of the ordinance from which this chapter is derived, and if all or part of the lots do not meet the requirements established for low width and area, the lands involved shall be considered to be an undivided parcel for the purposes of this chapter. No portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area less than the requirements stated in this chapter.

(c)

Upon application of any person claiming to be the owner of the legal or equitable title to a parcel to land which was the subject of a deed or land contract not recorded in the office of the register of deeds on the effective date of the ordinance from which this chapter is derived, the board of appeals is authorized to conduct a hearing to determine whether a variance should be granted to such owner entitling him to have the parcel treated as a lot of record. The board shall grant said variance when it finds by a preponderance of the evidence that the instrument purporting to transfer title to the parcel to said owner was executed prior to the effective date of the ordinance from which this chapter is derived. In making its determination, the board is authorized to consider all matters it deems relevant, including, but not limited to, the tax roll of the township, the relationship of the parties to the purported transfer, the degree of formality of the purported document of transfer, and the testimony of the applicant and his witnesses. Such a determination shall have only the effect of equating such an owner with the owner of a lot of record and shall not relieve such owner from complying with the other conditions set forth in section 36-973 in order that a building permit be granted.

(Ord. of 7-22-2013, § 65.02)

(a)

A nonconforming structure shall be a structure which was lawful prior to the effective date of adoption or amendment of the ordinance from which this chapter is derived and which does not conform to the new ordinance regulation currently in effect.

(b)

A nonconforming structure may continue after the effective date of adoption or amendment of the ordinance from which this chapter is derived. Where a nonconforming status applies to a structure, intentional removal or destruction of the structure of more than 50 percent shall eliminate the nonconforming status of the lot. Should any nonconforming structure be destroyed by causes beyond the control of the owner or occupant, such building or structure may be replaced provided such replacement does not result in any enlargement or expansion of the nonconformity. Replacement may occur provided such replacement is commenced within three years of the date of damage and is diligently pursued to completion. Failure to complete replacement shall result in the loss of legal, nonconforming status. Such replacement shall be subject to the provisions of article XXVIII of this chapter.

(c)

A nonconforming structure which is moved within a site or to another site shall conform, after it is moved, to the regulations of the district in which it is located.

(d)

Expansion of nonconforming structures. Nonconforming structures may be expanded in compliance with the following regulations:

(1)

Nonconforming buildings used in farm operations may be expanded if approved by the zoning official subject to the following requirements:

a.

Farming shall be a permitted use and the intended use of the structure shall be a permitted use in the district in which it is located.

b.

The expansion shall meet all requirements of the zoning district in which it is located. The existing structure and the expansion shall not exceed the lot coverage or floor area ratio limits of the district in which they are located.

(2)

A single-family detached residential dwelling unit and accessory buildings may be expanded if approved by the zoning official subject to the following requirements:

a.

The single-family residence shall be a permitted use in the district in which it is located.

b.

The new portion of the expansion shall meet all yard requirements of the zoning district in which it is located.

(3)

All other nonconforming structures may be expanded upon approval of the zoning official provided such expansion does not increase the nonconformance of the structure. The township may attach conditions to the approval of the expansion of a nonconforming structure. Conditions imposed shall be designed to protect the public health, safety and welfare of individual users of the site, those immediately adjacent property owners, and community as a whole.

(e)

A nonconforming structure may be altered to decrease its nonconformity.

(Ord. of 7-22-2013, § 65.03)

Where on the date of adoption or amendment of the ordinance from which this chapter is derived, a lawful use exists that is no longer permissible under the regulations of this chapter, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

An existing building or structure devoted to a use not permitted by this chapter in the district in which it is located shall not be enlarged, constructed, reconstructed, moved, or structurally extended or altered except in changing the use of such building or structure to a use permitted in the district in which such building or structure is located.

(2)

When a nonconforming use of a lot or building or structure is discontinued for more than 365 consecutive days, except where government action prevents access to the premises, the building or structure shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(3)

When any nonconforming lot, structure, or lot and structure in combination is converted to a permitted use, it shall thereafter conform to the regulations for the district. The zoning official shall be authorized to establish a reasonable time schedule within which the lot and/or structure shall be required to conform to the district regulations as required herein, assuming that such corrections as required will be commenced at the earliest time that weather conditions permit.

(4)

Where a nonconforming status applies to a lot and structure in combination, intentional removal or destruction of the structure shall eliminate the nonconforming status of the lot. Should any building or structure devoted to a use not permitted by this chapter in the district in which it is located be destroyed by causes beyond the control of the owner or occupant, such building or structure may be replaced provided such replacement does not result in any enlargement or expansion. Such replacement shall be subject to the provisions of article XXVIII of this chapter.

(5)

A nonconforming use of a lot shall not be enlarged, expanded or extended to occupy a greater area of the lot than was occupied on the date of adoption or amendment of the ordinance from which this chapter is derived, and no accessory use, building, or structure shall be established therewith.

(6)

In commercial and industrial districts and provided no increase in the number of families residing therein results, a nonconforming residential use may expand to occupy the floor area necessary for living purposes and any customary accessory uses or structures may be established therewith as long as such expansion meets the yard and setback requirements of the zoning district in which it is located subject to zoning board of appeals' approval.

(7)

A nonconforming use in any zoning district may expand into a part of the building originally designed and constructed for such use. After approval by the zoning board of appeals, provided that no structural alterations are made, the floor area of the building is not increased, and that such use shall not be extended to occupy any land outside such buildings.

(Ord. of 7-22-2013, § 65.04)

(a)

Except as provided in sections 36-901 and 36-902, alteration or repair work may be done on a nonconforming structure with or without a nonconforming use in any period of 12 consecutive months to an extent not to exceed 25 percent of the replacement cost of the nonconforming structure at the time of the repair, provided that the floor area or volume of such building, or the number of families housed therein, or the dimensions, height, or number of stories of such structure as it existed on the date of adoption or amendment of the ordinance from which this chapter is derived shall not be increased. No other alterations or repairs shall be permitted unless the structure or use is made to conform to all requirements of this chapter.

(b)

Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition of any building or structure or part thereof declared to be unsafe by any official charged with protecting the public safety.

(c)

In a nonconforming building or structure, or a portion of a building or structure containing a nonconforming use which has structurally deteriorated to an extent that has been condemned by any duly authorized official and the cost of repair of which to meet standards for occupancy exceeds 50 percent of the structure's replacement costs, it shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

(d)

A single-family or two-family residential dwelling that is substantially damaged or destroyed by accidental causes, and was determined to be a legal nonconforming use, may be repaired or replaced in all zoning districts provided such replacement does not result in any enlargement or expansion of the nonconforming dwelling.

(Ord. of 7-22-2013, § 65.05; Ord. of 6-4-2014, § 65.05)

There may be a change of tenancy, ownership, or management of an existing nonconforming use, building or structure.

(Ord. of 7-22-2013, § 65.06)

(a)

Requirements of expansion. Where the zoning board of appeals is required to determine whether a nonconforming structure may be enlarged, expanded, or extended, the following provisions shall apply:

(1)

Limitations. The reasons for the nonconformity shall be limited to minimum lot area, lot width, required yard, and off-street loading and parking requirements. In no case shall a building or structure that is nonconforming because of lot coverage, floor area ratio, or height requirements be permitted to expand without removing the nonconformity, except as permitted under a variance.

(2)

Permitted uses. The existing and proposed uses of such buildings and structures must be among those permitted in the district in which situated.

(3)

Conformance required. The proposed improvement shall conform to all requirements of the district in which situated.

(4)

Determinations. The board of appeals shall determine the following in approving a request:

a.

That the retention of the nonconforming building or structure is reasonably necessary for the proposed improvement or that requiring removal of such building or structure would cause unnecessary hardship.

b.

That the proposed improvement is reasonably necessary for the continuation of activities on the property.

c.

That the enlarged or otherwise improved nonconforming building or structure will not adversely affect the public health, safety and welfare.

(5)

Authority of board. The board of appeals shall have authority to require modification of the nonconformity, where such is reasonable, as a condition for approval. The board of appeals may attach other conditions for its approval which is deems necessary to protect the public health, safety, and welfare.

(6)

Site plan approval required. All expansions under this section, subject to the requirements of article XXVIII of this chapter, if a site plan is required.

(b)

Substitutions enumerate. A nonconforming building or structure shall not be substituted for, or replace, another nonconforming building or structure. A nonconforming use of a building or structure may be substituted for another nonconforming use upon permission by the board of appeals, as set forth in article XXX of this chapter; provided that no structural alterations are made and that such other nonconforming use is equal to or more appropriate than the existing nonconforming use in the district in which it is located. In permitting such change, the board of appeals may require appropriate conditions and safeguards in accordance with the provisions and intent of this chapter. A nonconforming use not including a building or structure shall not be substituted for another nonconforming use not including a building or structure unless the proposed nonconforming use is less nonconforming than the existing nonconforming use in the district in which it is located.

(Ord. of 7-22-2013, § 65.07)

The township may acquire private property or an interest in private property to remove a nonconformity as provided in Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Ord. of 7-22-2013, § 65.08)

(a)

A nonconforming extraction operation legally existing at the effective date of adoption or amendment of the ordinance from which this chapter is derived shall be a legal nonconforming use of a parcel of land and may continue subject to the following provisions:

(1)

Extraction may be extended within the property based upon the property lines of record at the time this chapter was adopted or amended; provided, however, that such extension shall not cross a public road.

(2)

All extensions to be commenced following the effective date of adoption or amendment of the ordinance from which this chapter is derived shall first comply with all provisions of this section, and section 36-700.

(3)

Any extension of operations shall not exceed the depth of extraction of the portion existing at the effective date of adoption or amendment of the ordinance from which this chapter is derived unless extraction to a greater depth is specifically approved by the township planning commission.

(4)

Plans for the future extension of operations and restoration of the site shall be filed with the township planning commission within one year of the date of adoption or amendment of the ordinance from which this chapter is derived. Failure to file said plans within the one-year period shall authorize the township planning commission to refuse any extensions for the site following the one-year period. Failure to file may also be grounds for determining intent to abandon extraction operations for the remainder of the site.

(b)

If a nonconforming extraction operation ceases for any reason for a period of 270 consecutive days or more within any one calendar year, or for a period of two consecutive years, the extraction operation shall not be resumed and the subsequent use of such parcel shall thereafter conform to the regulations of the district in which it is located.

(c)

The equipment and processes of a legal, nonconforming extraction operation may be upgraded periodically in order to maintain the operation in a modern condition and in order to meet contemporary pollution control standards. Such changes shall be permitted, even if they will result in an increase of production, provided the following conditions are met:

(1)

The changes in equipment and processes shall not have the effect of changing the nature or character of the operation into a use prohibited in the district in which located.

(2)

The noise, dust, odors, and other objectionable attributes of the operation shall not be increased beyond the levels existing at the effective date of adoption or amendment of the ordinance from which this chapter is derived.

(3)

The owner of the extraction operation shall notify the township in writing of each change prior to the installation of such change.

(4)

Building permits for any structure shall be obtained prior to installation or construction.

(Ord. of 7-22-2013, § 65.09)