(a)

It is the intent of this article to provide regulations governing lots, buildings, structures and the uses thereof, which were lawful prior to the enactment of the ordinance from which this chapter is derived, or amendments thereto, but which are prohibited, regulated or restricted under the provisions of this chapter. It is the intent of this article to permit legal nonconforming lots, structures or uses to continue until they are removed. Because such nonconforming lots, structures and uses prevent the full realization of the goals and objectives of this chapter, the spirit of this article is to reduce such nonconformance over time.

(b)

It is recognized that there exist within the districts established by this chapter uses which were lawful before the ordinance from which this chapter is derived was passed or amended which would be prohibited, regulated or restricted under the terms of this chapter or future amendments. Such uses are declared by this article to be incompatible uses in the districts involved. It is further the intent of this article:

(1)

That nonconforming uses shall not be enlarged upon, expanded, reconfigured or extended, nor be used as grounds for adding other structures, land or uses prohibited elsewhere in the same district or in violation of this prohibition on expansion.

(2)

To permit legal nonconforming buildings and structures to be maintained until they are brought into compliance or removed.

(3)

To encourage the upgrade of residential neighborhoods through bringing nonconforming residential structures more into compliance with this chapter.

(4)

To encourage a gradual upgrading to a more conforming status of site landscaping, parking, paving, signage, access, pedestrian circulation or other features of a site which were developed in compliance with the standards at the time of their construction, but which do not meet the site standards of this chapter and its amendments.

(5)

To encourage the combination of contiguous nonconforming lots of record that have been owned as a single track of land to create lots which conform to current standards, are compatible with other lots in the zoning districts, to promote the public health, safety and welfare and to eliminate problems associated with the overcrowding of land.

(Ord. No. 151, § 19.01, 6-13-2007)

Where an existing lot of record fails to meet the requirements of this chapter for minimum lot area, minimum lot width, or both, of the zoning district in which it is located, such lot may be used for the permitted uses of the zoning district including permitted accessory uses, provided that other requirements of the zoning district in which such lot is located are met. Said lot shall be a lot of record created prior to the effective date of the ordinance from which this chapter is derived or the amendment that created the nonconforming lot and may be continued subject to the following provisions:

(1)

Use of lots. A principal building and customary accessory buildings for a permitted use may be erected or expanded on any single lot of record at the effective date of the ordinance from which this chapter is derived, provided that all setbacks and other requirements of this chapter are met. 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 the lot is in conformance with all other applicable yard setback, minimum floor area, maximum height and access requirements for the district in which it is located.

(2)

Accessibility. Construction of a new principal building on a nonconforming lot shall only be permitted where the lot has access to a certified and improved public road or an approved private road that meets the requirements of chapter 16, article IV, pertaining to road standards.

(3)

Variance to area and dimensional requirements. If the use of a nonconforming lot requires a variation in minimum floor area and dimensional (minimum setback and maximum height) standards, then such use shall be permitted only if a variance is granted by the zoning board of appeals.

(Ord. No. 151, § 19.02, 6-13-2007)

Buildings and structures which are existing and lawful prior to the effective date of the ordinance from which this chapter is derived, or amendments thereto, may be continued even though such structure does not conform with the provisions of this chapter or amendments thereto, subject to the following provisions:

(1)

Restrictions on alteration or modification. Nonconforming structures devoted to a conforming use shall not be enlarged nor altered in a way which increases its nonconformity within the provisions of this article. If a nonconforming structure is altered or modified so as to eliminate, remove or lessen any or all of its nonconforming characteristics, then such nonconforming characteristics shall not be later re-established or increased.

(2)

Repairs, improvements and modernization. Repairs, improvements, or modernization of nonconforming buildings or structures shall be permitted, provided that such repairs or improvements do not exceed 50 percent of the value of the building or structure during any period of 12 consecutive months. This cost/value calculation shall be as determined by the most recent assessment of the market value of the structure, exclusive of the market value of land, not including any costs associated with modernization of electrical, plumbing, heating or cooling systems to meet state construction code requirements. However, if a nonconforming structure or a structure containing a nonconforming use becomes physically unsafe or unlawful due to lack of maintenance and repairs and is declared as such by the building official, it shall not thereafter be restored, repaired, or rebuilt except in full conformity with the regulations in the district in which it is located.

(3)

Safety repairs. Nothing in this article shall be deemed to prevent the strengthening or restoring to a safe condition of any nonconforming structure or part thereof, declared to be unsafe by the building official.

(4)

Damage by fire or disaster.

a.

In the event a nonconforming single residential structure is damaged by fire or natural disaster, a residential structure may be reconstructed on the existing foundation provided the first floor footprint and the total floor area does not exceed the size of the previous residence.

b.

In the event that a nonconforming structure, other than a single-family residence, is damaged by fire or natural disaster to the extent the cost of reconstruction or restoration exceeds 50 percent of the value of the structure, as described in subsection (2) of this section, prior to the damaging occurrence, reconstruction or restoration shall only be permitted where the structure is brought into conformity with the provisions of this chapter. In the event that a nonconforming structure is damaged to the extent the cost of reconstruction or restoration is equal to or less than 50 percent of the value of the structure, reconstruction or restoration shall be permitted provided a building permit for such reconstruction or restoration is issued within one year of the occurrence of such damage.

(5)

Expansion of a nonconforming residential building. A residential nonconforming building may be expanded provided the expansion will be within required setbacks and other dimensional and state construction 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 remains conforming and maximum lot coverage is not exceeded.

(6)

Permitted expansion of nonresidential nonconforming buildings. Nonresidential nonconforming buildings shall not be expanded, unless a variance is obtained from the zoning board of appeals.

(Ord. No. 151, § 19.03, 6-13-2007)

If a lawful use of a structure, or of structures and land in combination, exists at the effective date of adoption or amendment of the ordinance from which this chapter is derived, that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

Structural expansion. No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located.

(2)

Expansions within building. Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of the ordinance from which this chapter is derived, but no such use shall be extended to occupy any land outside such building.

(3)

Repairs and maintenance to structure housing nonconforming use. On any building devoted in whole or in part to any nonconforming use, work may be done in any period of 12 consecutive months on ordinary repairs, or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing to an extent not exceeding 50 percent of the value of such structure, as described in section 38-615(2); provided that the cubic content of the building as it existed at the time of passage or amendment of the ordinance from which this chapter is derived shall not be increased.

(4)

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

(5)

Discontinuance or termination of nonconforming use of structure. When a nonconforming use of a structure or premises is discontinued or ceases to exist for six consecutive months, with intent to abandon the use, the structure or premises shall not thereafter be used, except in conformance with the regulations of the district in which it is located. Structures occupied by seasonal uses shall be excepted from this provision. A determination that a nonconforming use has ceased shall be made by the township based upon any one or more of the following:

a.

Township or county government records, such as inspection reports, dated photographs/aerial photographs or notarized statements, provide clear evidence that the nonconforming use of land has ceased.

b.

Changes to listings in telephone directories provide clear evidence that the nonconforming use has ceased.

c.

Changes to utility records provide clear evidence that the nonconforming use has ceased.

d.

Dated advertising or other information published in a newspaper or magazine, such as a going-out-of-business sale, moving sale, or grand opening event at a new location, provides clear evidence that the nonconforming use of land has ceased.

(6)

Prohibition on re-establishment of abandoned nonconforming use. Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(7)

Change in use, residential district. In any residential district, a nonconforming use of a structure, or structure and land, may only be changed to a permitted use.

(8)

Change of nonconforming use to another nonconforming use. For a nonconforming use that is not in a residential district, the nonconforming use may be changed to another nonconforming use, subject to the approval of the zoning board of appeals (ZBA). The ZBA may approve such change only if it complies with all of the following standards:

a.

The proposed use does not substantially differ from the existing use in terms of compatibility with the character of the area in which it is located;

b.

The proposed use does not increase the degree of nonconformity existing prior to such change of use; and

c.

No structural alteration of the existing structure will be required to accommodate the new use.

(9)

Change of tenancy or ownership. There may be a change of tenancy, or ownership or management of any existing nonconforming uses of land, structures and premises, provided there is no change in the nature or character of such nonconforming uses.

(10)

Illegal uses. Those alleged nonconforming uses which can not be proved conclusively to have been in existence prior to the date of the enactment or amendment of the ordinance from which this chapter is derived shall be declared illegal uses and shall be discontinued.

(11)

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

(Ord. No. 151, § 19.04, 6-13-2007)

Where, at the effective date of adoption or amendment of the ordinance from which this chapter is derived, lawful use of land outside of a building exists that is made no longer permissible under the terms of this chapter as enacted or amended, such use may be continued, so long as it remains otherwise lawful, subject to the following provisions:

(1)

Expansions. No such nonconforming use shall be enlarged, increased, or 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 chapter is derived.

(2)

Relocations. No such 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 chapter is derived.

(3)

Discontinuance or abandonment. If such nonconforming use of land ceases for any reason for a period of more than six months with intent to abandon the use as described in section 38-616(6), any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

(4)

Structure and land in combination. Where nonconforming use status applies to a structure and land in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(Ord. No. 151, § 19.05, 6-13-2007)

The intent of this section is to permit improvements and minor modifications to a conforming use and building which does not meet all of the various site improvement related regulations of this chapter. The purpose is to allow gradual compliance with the site related requirements, for the entire site, for sites which predate the various zoning ordinance standards for landscaping, paving and other nonsafety site-related items. Improvements or expansions to conforming buildings and uses that require site plan approval may be permitted by the planning commission during site plan review without a complete upgrade of all site elements under the following conditions:

(1)

The applicant is proposing reasonable site improvements on the overall site in relation to the scale and construction cost of the building improvements or expansion.

(2)

The applicant has addressed safety-related site issues on the overall site.

(3)

For landscaping, the applicant shall bring the site toward conformity at twice the rate of building or parking lot expansions (for example, a five percent building expansion will provide at least ten percent of the required landscaping).

(4)

The improvements or expansion will not increase noncompliance with site requirements.

(Ord. No. 151, § 19.06, 6-13-2007)

Where a nonconforming front yard setback, parking lot setback or greenbelt is created as a result of additional road right-of-way width being acquired by the road commission, or private road easement required by the township, the building or parking lot may be maintained, improved or expanded without the need to obtain a variance from the zoning board of appeals, provided that the following conditions are met:

(1)

Conformed prior to right-of-way widening. The building or parking lot was a conforming structure that complied with the front yard setback prior to the acquisition of the additional road right-of-way, in addition to all other area and bulk requirements.

(2)

Will not decrease conformity. Any building or parking lot expansion will not reduce the front yard setback from its current depth.

(3)

Other requirements met. The use is a permitted or special land use within the district that it is located, all other requirements of this chapter are complied with and all necessary approvals required under this chapter are obtained.

(Ord. No. 151, § 19.07, 6-13-2007)