This article shall not apply to any structure for which there is a valid building permit or where construction was lawfully started prior to the effective date of this chapter. Actual construction shall include placing and attaching construction materials in a permanent position.

For projects that include demolition or removal of an existing structure prior to rebuilding, demolition shall be deemed to be actual construction.

If there is a change in occupancy or ownership of an existing nonconforming use, structure or lot, it shall be allowed to continue, provided the nature or character of the nonconformity has not changed.

If a nonconforming use, structure or land, independently or in combination, ceases operation for a period of more than six months, the nonconforming use, structure or land shall thereafter conform to the regulations of the zoning district in which the property is located. Structures operated by approved seasonal uses shall be exempt from this provision as long as the use remains in operation over consecutive seasons. A nonconforming use shall be determined to be abandoned if one or more of the following conditions exist, as determined by the Township:

The provisions of this article are not intended to preclude normal repairs and maintenance on nonconforming structures, subject to the provisions of § 170-22.5E.

Any structure or use established in violation of this chapter shall, for the purposes of this chapter, be considered a nuisance and shall not receive any of the rights, privileges or protection conferred by this article.

A summary of the nonconforming regulations included in this article is provided in the table below:

A nonconforming lot shall only be used for a use permitted in the district in which it is located.

Single-family dwellings and accessory structures may be erected on any lot of record at the effective date of this chapter, provided the structures comply with all other applicable setbacks, floor area, height and access requirements for the district in which they are located.

If a nonconforming single-family lot requires deviation from dimensional requirements of the chapter to erect or enlarge a structure, it shall only be permitted if a variance is granted by the Zoning Board of Appeals.

If two or more individual, single-family-zoned lots with contiguous frontage are owned by the same person/entity and do not meet the lot width and area requirements, the parcels shall be combined if any changes are proposed to the current building footprint.

No portion of said parcel shall be used, occupied or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of a parcel be made which creates a lot width or area less than the requirements contained Article 18.

A nonconforming use shall not be enlarged, increased or extended to occupy a greater area of land than was occupied at the effective date of this chapter.

An existing nonconforming use may be expanded, provided the expansion is within the building footprint that existed at the effective date of this chapter.

If a nonconforming use is moved, it shall conform to the regulations of the district it is relocated to.

In nonresidential districts, nonconforming uses may be changed to another nonconforming use, provided the ZBA finds that the proposed use is equal to or more conforming to the uses permitted in the district in which it is located. In permitting this change, the ZBA may require appropriate conditions in accord with the purpose and intent of this section. Where a nonconforming use is hereafter changed to an equal or more-conforming use, it shall not thereafter be changed to a less-conforming use.

In a residential district, where a nonconforming use is abandoned, the structure may only be changed to a use that is permitted by the district in which it is located.

Where nonconforming use status applies to a mobile home, trailer coach or manufactured housing unit located outside a licensed mobile home park, nonconforming use status shall be extinguished and eliminated if the mobile home, trailer coach or manufactured housing unit is moved to a different lot outside a licensed mobile home park.

Those alleged nonconforming uses which cannot be proved to have lawfully existed prior to the effective date of this chapter shall be declared illegal and shall be discontinued and made subject to the enforcement provisions of Article 40, Administration and Public Notice, of this chapter.

Nonresidential nonconforming structures shall not be expanded, unless a variance is obtained from the ZBA per the standards contained in Article 41, Zoning Board of Appeals.

A residential nonconforming structure may be expanded, provided the expansion will be within required setbacks and that other dimensional and building code requirements are met. For example, a home with a nonconforming front yard setback may be expanded in the rear so long as the rear yard setback and lot coverage remains conforming.

A residential nonconforming structure may be expanded into a required front, side or rear yard, upon approval from the ZBA, in accordance with the following standards. A proposed expansion which does not meet the following requirements shall only be permitted after obtaining a variance from the ZBA per the criteria contained in Article 41, Zoning Board of Appeals.

Any nonconforming structure, or structure containing a nonconforming use, that is damaged by fire, flood or other means in excess of 50% of the structure's pre-catastrophe assessed value, as determined by the Township Assessor, shall not be reconstructed except in conformity with the provisions of this chapter.

Routine maintenance, repairs and improvements may be conducted on any nonconforming structure or structure containing a nonconforming use, provided the structure is not enlarged or the use is not expanded.

Maintenance, repairs or alterations deemed necessary by the Building Department to keep a nonconforming structure or structure containing a nonconforming use structurally safe or fit for human occupancy shall be permitted, provided the cost does not exceed 50% of the market value of the building or structure within a twelve-month period. Such repairs are permitted, provided the structure is not enlarged or the use expanded. If repairs or alterations exceed 50% of the assessed value as determined by the Township Assessor, it shall conform to the provisions of this chapter.

A nonconforming structure shall not be moved unless the new location conforms to the requirements of this chapter for the district in which it is located.

If a structure is altered so as to eliminate, remove or lessen any of its nonconforming characteristics, then such nonconforming characteristics shall not be later reestablished or increased.

Site improvements or expansions on sites which do not meet ,all of the current regulations may be permitted without a complete upgrade of all site elements provided the following conditions are met:

Existing nonconformities shall not be increased or expanded.

A site plan shall be submitted and reviewed in accordance with Article 33, Site Plan Review.

The required front yard or parking setback was in compliance prior to the acquisition of the additional road right-of-way.

The front yard or parking setback shall not be further reduced as a result of building or parking lot expansion.

The Township Board of Trustees may acquire, by purchase, condemnation or otherwise, private property or an interest in private property for the removal of nonconforming buildings, structures or uses. The cost and expense, or a portion thereof, of acquiring the private property may be paid from general funds or assessed to a special district in accordance with the applicable statutory provisions relating to the creation and operation of special assessment districts for public improvements in townships.

The elimination of the nonconforming structures or uses is declared to be for a public purpose and for a public use. The Township Board of Trustees may institute and prosecute proceedings for condemnation of nonconforming structures or uses under the power of eminent domain in accordance with Act 149 of the Public Acts of 1911, as amended, being § 213.21 to § 213.41 of the Michigan Compiled Laws, or other applicable statute.