A.

It is the intent of this Ordinance to permit legal nonconforming lots, structures, or uses to continue until they are removed but not to encourage their survival.

B.

It is recognized that there exists within the districts established by this Ordinance and subsequent amendments, lots, structures, and uses of land and structures which were lawful before this Ordinance was passed or amended which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendments.

C.

Such uses are declared by this Ordinance to be incompatible with permitted uses in the districts involved. It is further the intent of this Ordinance that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

D.

A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of this Ordinance by attachment on a building or premises of additional signs intended to be seen from off the premises, generally in the district involved.

A.

Continuance of Nonconforming Building.

Any such nonconforming building or structure may be continued and maintained, provided there is no physical change other than necessary maintenance and repair in such building or structure, except as permitted hereinafter.

B.

Continuance of Nonconforming Use.

Any such nonconforming use may be continued and maintained, provided there is no increase or enlargement of the area, space or volume occupied by, or devoted to, such nonconforming use within a building or on site.

A.

Change of Use.

The nonconforming use of a building, structure or land may not be changed to a different use unless one or more of the following conditions has been met:

1.

Such different use is permitted in the Zoning District under which the property is currently zoned, subject to site plan review and approval as required in the Zoning Ordinance.

2.

Such proposed use, while still nonconforming, is considered less intense than the previous nonconforming use as determined by the Ray Township Planning Commission, and would bring the site closer into conformance with existing Ordinance standards. A use may be deemed more intense if the Planning Commission determines that the proposed use meets any of the following criteria:

a.

The proposed use generates more light, noise, air, or other pollution than the current use;

b.

The proposed use generates more traffic and/or turning movements, or negatively alters the traffic circulation pattern on or off the site;

c.

The use generates a greater need for parking on site;

B.

Abandonment; Termination of Nonconforming Use.

Any part of a building, structure or land occupied by a nonconforming use which is abandoned and remains unoccupied for a continuous period of twelve (12) months shall not be occupied, except by a use which conforms to the use regulations of the district in which it is located. This shall not apply to a seasonal nonconforming use of land. However, discontinuation for a full season with no active attempt to sell or market the property shall be considered abandoned and any future use shall conform to this Ordinance.

C.

Change of Tenancy or Ownership.

There may be a change of tenancy, ownership or management of an existing nonconforming use, provided there is no change in the nature or character of such nonconforming use.

D.

Expansion of Nonconforming Use Prohibited.

A nonconforming use of all of or a portion of a building or structure, which building or structure otherwise conforms to the provisions of this Ordinance, shall not be expanded or extended into any other portion of the conforming building or structure nor changed, except to a conforming use (unless otherwise allowed by this Ordinance).

E.

Nonconforming Use of Land—Continuation of Use.

The nonconforming use of land (where no building is involved) existing at the date this Ordinance becomes effective, may be continued, provided that:

1.

No such nonconforming use of land shall in any way be expanded or extended either on the same or adjoining property.

2.

If such nonconforming use of land or any portion thereof is discontinued or changed, any future use of such land shall be in conformity with the provisions of this Ordinance.

A.

Maintenance Permitted.

Except as otherwise provided in this Section, a nonconforming building or structure may be maintained. The maintenance of such building or structure shall include necessary repairs and incidental alterations, which alterations, however, shall not extend the extent or degree of nonconformity of such building or structure to this Ordinance, provided that in a building which is nonconforming as to use regulations, no structural alterations shall be made, except those required by law or ordinance. Provided further, that the cost of such work shall not exceed thirty (30) percent of the assessed valuation of such building or structure at the time such work is done. This requirement shall not be considered as prohibiting the bringing of a structure into conformity with the regulations of the district in which it is located.

B.

Restoration of Damaged Building.

A nonconforming building or structure having been damaged or partially destroyed by fire or other calamity to an extent not exceeding sixty five (65) percent of its assessed valuation, at that time, may be restored; and its immediately previous occupancy or use existing at the time of such partial destruction may be continued or be resumed, provided that such reconstruction is approved by the Building Official, and the work of restoration is commenced within one (1) year of the date of such partial destruction and is diligently carried on to completion.

Whenever a nonconforming building or structure is damaged in excess of sixty five (65) percent of its assessed valuation, at that time, the repair or reconstruction of such building shall conform to all of the regulations of the district in which it is located and it shall be treated as a new building.

C.

Additions, Enlargements, Moving.

A building or structure that is nonconforming, in regard to setbacks or height, may be added to or enlarged if such addition or enlargement conforms to all of the regulations of the district in which it is located. In such case, such addition or enlargement shall be treated as a separate conforming building or structure if all other requirements of the Ordinance are met.

When a building or structure, or portion thereof, is moved from one district/lot to another or to another location within the same district, it must conform or be made to conform to all of the regulations, ordinances and codes of the district/lot to which it is moved.

A.

Nonconforming Lot of Record. Division of Nonconforming Lot.

Parcels shall not be divided in a manner that increases nonconformity, causes an existing structure or site improvement to become nonconforming, or creates one or more nonconforming or substandard lots.

B.

Use of a Nonconforming Lot of Record.

Any nonconforming lot of record shall only be used as permitted in the district in which it is located. A single nonconforming lot may be developed or improved with a principal building and permitted accessory structures, without the need for a variance, provided that the following conditions have been met:

1.

The structure and lot shall conform with at least fifty (50) percent of all applicable yard dimensions, setbacks and other requirements, other than minimum lot width and lot area, for the district in which it is located. Further, the front yard setback shall not be reduced to a point which would permit the construction of a structure within the existing road right of way or easement.

2.

The lot is not under contiguous single ownership with other lots that could be combined into one or more conforming lots.

C.

Contiguous Nonconforming Lots Under the Same Ownership.

Two (2) or more contiguous, conforming or nonconforming lots under the same ownership shall be considered one (1) parcel for the purposes of this Ordinance. The applicant shall not be permitted to make improvements to the parcel prior to combining such lots to create one conforming lot of record.