For the purposes of this article, the following words and phrases shall have the meaning ascribed to them:

Effective date, whenever this article refers to the "effective date," the reference shall be deemed to include the effective date of any amendments to the ordinance from which this chapter is derived, if the amendments created a nonconforming situation.

Nonconforming building means a building or portion thereof that was lawfully in existence at the effective date of the ordinance from which this chapter is derived, or amendments thereto, that does not meet the limitations on building size, location on a lot, or any other regulation for the district in which such building is located.

Nonconforming lot means a lot that was lawfully in existence at the effective date of the ordinance from which this chapter is derived, or amendments thereto, which lot does not meet the minimum area or lot dimensional requirements of the district in which the lot is located.

Nonconforming sign means a sign that was lawfully in existence on the effective date of the ordinance from which this chapter is derived, or amendments thereto, which sign does not conform to one or more regulations set forth in this chapter.

Nonconforming use means a use that was lawfully in existence at the effective date of the ordinance from which this chapter is derived, or amendment thereto, and which use does not now conform to the use regulations of this chapter for the zoning district in which it is now located.

Structural (dimensional) nonconformity means a nonconformity that exists when the height, size, or minimum floor space of a structure, or the relationship between an existing building and other buildings or lot lines, does not conform to the standards of the district in which the property is located. May be referred to as a dimensional nonconformity.

(Ord. of 7-16-1992, § 3.02)

Nonconformities are uses, structures, buildings, or lots that do not conform to one or more provisions or requirements of this chapter or a subsequent amendment, but which were lawfully established prior to the time of adoption of the ordinance or amendment from which this chapter is derived. Such nonconformities are not compatible with the current or intended use of land in the district in which they are located. Therefore, it is the intent of this chapter to permit such nonconformities to continue under certain conditions, but to discourage their expansion, enlargement, or extension. Accordingly, the purpose of this chapter is to establish regulations that govern the completion, restoration, reconstruction, extension, and/or substitution of nonconformities, and to specify the circumstances and conditions under which the nonconformities shall be permitted to continue.

(Ord. of 7-16-1992, § 3.01)

The following regulations shall apply to all nonconforming uses, structures, and lots:

(1)

Continuation of nonconforming uses and structures. Any lawful nonconforming use established on or before the effective date of the ordinance from which this chapter is derived or amendment thereto may be continued and shall not be considered to be in violation of this chapter, provided that the building and land involved shall neither be structurally altered, nor enlarged unless such modifications conform to the provisions of this chapter for the district in which it is located, unless otherwise noted in this article. Nothing in this chapter shall be deemed to prevent the strengthening or restoration of any building or part thereof to a safe condition when said building is declared to be unsafe by an order of an official charged with protecting the public safety.

(2)

Buildings under construction. To avoid undue hardship, nothing in this chapter shall be deemed to require a change in plans, construction, or designated use of any building on which physical construction was lawfully begun prior to the effective date of adoption or amendment of the ordinance from which this chapter is derived and upon which actual building construction has been diligently carried on. Physical construction is hereby defined to include the placing of construction materials in a permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has been initiated preparatory to rebuilding or permanent construction, such work shall be deemed to be physical construction, provided that such work shall be continued diligently until completion of the building involved.

(3)

Discontinuation of nonconforming uses and structures.

a.

Nonconforming structure. When a nonconforming use of a structure, or structure and land in combination is discontinued or abandoned for a period exceeding 180 calendar days, the structure or structure and land in combination shall not thereafter be used except in conformance with the provisions of the district in which it is located.

b.

Nonconforming uses of open land. If any nonconforming use of open land ceases for any reason for a period exceeding 180 calendar days, any subsequent use of such land shall conform to the provisions set forth of the district in which it is located.

c.

Seasonal uses. In applying this subsection to uses that are typically seasonal in nature, any time related to the off-season for the use shall not be counted. In the case of seasonal uses, if a nonconforming use of a structure, or structure and land in combination is discontinued or abandoned for a period exceeding 365 calendar days, the structure or structure and land in combination shall not thereafter be used except in conformance with the provisions of the district in which it is located.

(4)

Purchase or condemnation. In order to accomplish the elimination of nonconforming uses and structures that constitute a nuisance or are detrimental to the public health, safety and welfare, the township, pursuant to section 208 of Public Act No. 110 of 2006 (MCL 125.3208), may acquire by purchase, condemnation or otherwise, private property for the purpose of removal of nonconforming uses or structures. Where acquisition is contemplated, the procedures set forth in section 32-666 shall be followed.

(5)

Recording of nonconforming uses and structures. The building official shall be responsible for maintaining the records of nonconforming uses and structures in a manner that is as accurate as feasible. The building official make determinations as to the existence of legal nonconforming uses and structures on the effective date of this chapter. Failure on the part of a property owner to provide the building official with necessary information to determine legal nonconforming status may result in denial of required or requested permits.

(6)

Establishment of a conforming use or structure. In the event that a nonconforming principal use or structure is superseded by a conforming principal use or structure on a site, the nonconforming use or structure shall be immediately and permanently removed.

(7)

Change of tenancy or ownership. In the event there is a change in tenancy, ownership, or management, an existing nonconforming use or structure shall be allowed to continue provided there is no change in the nature or character of such nonconformity and the use or structure is otherwise in compliance with this article.

(8)

Exceptions and variances. Any use for which a special exception or variance has been granted as provided in this chapter shall not be deemed a nonconformity. The use shall be become a nonconformity on the effective date of any amendment to the ordinance from which this chapter is derived, if the amendment causes a nonconforming situation regarding the exception or variance.

(9)

Unlawful nonconformities. Any nonconformity that was unlawful at the time it was established shall not become a lawful nonconformity because of the adoption of the ordinance from which this chapter is derived.

(10)

Substitution. A nonconforming use may be changed to another nonconforming use upon approval of the zoning board of appeals provided that no structural alterations are required to accommodate the new nonconforming use, and that the proposed use is equally or more appropriate in the district than the existing nonconformity. In permitting such a change, the zoning board of appeals may require special conditions upon the use to accomplish the purposes of this chapter.

(11)

Change of location. Should a nonconforming structure be moved to another parcel or to another location on the same parcel for any reason whatsoever, it shall conform to the regulations for the district in which it is then located.

(Ord. of 7-16-1992, § 3.03; Ord. of 3-11-2010, § 3.03)

The following regulations shall apply to any nonconforming lot of record or nonconforming lot described in a deed or land contract executed and delivered prior to the effective date of the ordinance from which this chapter is derived, or amendment thereto:

(1)

Use of nonconforming lots. Any nonconforming lot shall be used only for a use permitted in the district in which it is located. In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record in existence record at the effective date of adoption or amendment thereto. This provision shall apply even though such single-family lot fails to meet the requirements for area or width, or both, provided that the lot can be developed as proposed without any significant adverse impact on surrounding properties or the public health, safety, and welfare.

(2)

Variance from area and bulk requirements. If the use of a nonconforming lot requires a variation from the area or bulk requirements, then such use shall be permitted only pursuant to a variance granted by the zoning board of appeals.

(3)

Nonconforming contiguous lots under the same ownership. If two or more lots or combination of lots with contiguous frontage in single ownership are of record at the time of adoption or amendment of this chapter, and if all or part of the individual lots do not meet the requirements established for lot width and area, the lots involved and the entire combined area shall be considered as a singular individual parcel for the purposes of this chapter. No portion of said parcel shall be used, occupied, or sold in a manner that diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of a parcel be made that creates a lot with width or area less than the requirements stated in this chapter. These provisions shall not apply to contiguous lots in single ownership where each of the lots is occupied by a dwelling unit.

(4)

Combination of nonconforming lots. Upon application to the building official, the building official may permit the combination, in whole or in part, of nonconforming lots of record into building sites that combine in dimensions less than the minimum requirements established by this chapter, provided that the combination of lots reduces the overall degree of nonconformity and results in a parcel that is capable of accommodating a structure that conforms with the building area, setback, and side yard requirements of this chapter.

(Ord. of 7-16-1992, § 3.04)

No nonconforming use or structure shall be enlarged, extended, or structurally altered, nor shall any nonconformity be changed to a different nonconformity that increases the intensity of use or nonconformity, except as specifically permitted by the regulations that follow:

(1)

Applicability. The following regulations shall apply to any nonconforming use or structure, including:

a.

Nonconforming uses of open land.

b.

Nonconforming use of buildings designed or used for a conforming use.

c.

Nonconforming use of buildings specifically designed for the type of use that occupies them but is not suitable for a conforming use.

d.

Buildings designed and used for a conforming use but not in conformance with area and bulk, parking, loading or landscaping requirements.

e.

Nonconforming structures, such as fences and signs.

(2)

Enlargement, extension or alteration.

a.

Increase in nonconformity prohibited. Except as specifically provided in this section, no person may engage in any activity that causes an increase in the extent of any nonconformity to this chapter. For example, physical alteration of structures or the placement of new structures on open land is unlawful if such activity results in:

1.

An increase in the total amount of space devoted to a nonconforming use; or

2.

Greater nonconformity with respect to dimensional restrictions, such as setback requirements, height limitations, density requirements, or other requirements in the district in which the property is located.

b.

Permitted extension. Any nonconforming use may be extended throughout any part of a building that was manifestly arranged or designed for such use 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. No nonconforming use of land shall be enlarged, increased, or extended to occupy a greater area of land, nor shall any such use be moved in whole or in part to any portion of the lot or parcel than was occupied on the effective date of the ordinance from which this chapter is derived or amendment thereto.

c.

Alterations that decrease nonconformity. Any nonconforming structure or any structure or portion thereof containing a nonconforming use, may be altered if such alteration serves to clearly decrease the nonconforming nature of the structure or use. The zoning board of appeals shall determine if a proposed alteration decreases the degree of nonconformity.

d.

Variance to area and bulk requirements. If a proposed alteration is deemed reasonable by the zoning board of appeals by virtue of the fact that it would decrease the nonconforming nature of a structure or use, but such alteration requires a variation of the area or bulk requirements then such alteration shall be permitted only if a variance is granted pursuant to action by the zoning board of appeals.

(3)

Repairs, improvements, and modernization.

a.

Required repairs. Repairs or maintenance deemed necessary by the building official to maintain a nonconforming building in a structurally safe and sound condition are permitted. If a nonconforming structure or a structure containing a nonconforming use becomes physically unsafe, dangerous, and/or unlawful due to the lack of maintenance and repairs and is formally 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.

b.

Permitted improvements. Repairs, improvements, or modernization of nonconforming structures shall be permitted provided such repairs or improvements do not exceed the state equalized value (SEV), as determined by the township assessor, of the structure during any period of 12 consecutive months. Any such repairs, improvements, and modernization shall not result in enlargement of the cubic content of the nonconforming structure. The provisions in this subsection (3) shall apply to all structures, except as otherwise provided in this article for single-family residential uses, and for reconstruction of structures damaged by fire or other catastrophe.

(4)

Damage by fire or other catastrophe. Any nonconforming structure or structure housing a nonconforming use that is damaged by fire, flood, or other means in excess of the structure's pre-catastrophe state equalized value (SEV), as determined by the township assessor, shall not be rebuilt, repaired, or reconstructed, except in complete conformity with the provisions of this chapter. In the event that the damage is less than the structure's pre-catastrophe state equalized value, as determined by the township assessor, the structure may be restored to its pre-catastrophe status. Such restoration shall take place only upon approval of the building official and all construction shall be in full compliance with applicable provisions of this chapter and applicable township codes. Any request for such rebuilding, repair, or restoration shall be made to the building official with 90 days following the incident. Any such rebuilding, repair, or restoration shall be completed within one year from the date of the catastrophe.

(Ord. of 7-16-1992, § 3.05)

The building official, from time to time, may recommend to the township board, the acquisition of private property for the purpose of removal of nonconformities. Where such acquisition is contemplated, the following procedures shall be followed:

(1)

Building department documentation and recommendation. The building department shall prepare or cause to have prepared a report for the township board. The report shall include the following:

a.

A list of all the chapter requirements that are not met by the subject property.

b.

An estimate of the expense of such acquisition and removal of the nonconformities.

c.

An estimate of the probable resale price of the property after acquisition and removal of the nonconformities.

d.

Recommendations concerning the allocation of costs to be incurred by the township.

(2)

Township board consideration.

a.

Public hearing. After receiving and reviewing the report from the building official, the township board shall determine if acquisition should be pursued. If the township board decides to pursue acquisition, then it shall first set a public hearing. Not less than 15 calendar days prior to the public hearing, notice of the time, place, and purpose of the public hearing shall be published in the official newspaper of the township, and sent by mail to the owners of property for which acquisition is being considered. The notice shall be sent to the owner's address as stated in the latest assessment roll.

b.

Special assessment. If any or all of the expense related to acquisition of the subject property is assessed to a special district, then the township assessor shall be directed to furnish the township board with a tentative special assessment district and tentative plan of assessment. The names and addresses of the owners of property located in the district (as stated in the latest assessment roll) shall be provided to the township board. Notice of the time, place, and purpose of the public hearing shall be sent by mail to the owners of property located in the tentative special assessment district.

c.

Township board determination. If, following the public hearing, the township board finds that elimination of the nonconforming use or structure would be for a legitimate public purpose, then it shall declared by resolution of the township board that the township shall proceed to acquire the nonconforming use or structure in accordance with the laws of the state and applicable township ordinances. The township clerk shall send by registered mail a certified copy of the resolution of the township board to the owners of property to be acquired and to owners of property in any special assessment district, at the addresses stated in the latest assessment roll.

(3)

Removal of nonconformity. Upon passing of title of the property so acquired by the township, the township board shall cause the discontinuance or removal of the nonconforming use, or the removal or demolition or remodeling of the nonconforming building or structure.

(4)

Disposition of property. The township board may thereafter elect to retain all or part of the property so acquired for municipal purposes. If acquisition costs and expenses are to be assessed against a special district, the amount to be assessed shall be reduced by the market value of any part of the property retained for municipal use, as determined by the township assessor. The township board shall thereafter order the sale of the portion of the property not retained for municipal purposes, but only for use in conformance with this chapter. The township board shall confirm the expense of the project and report any assessable cost to the township assessor, who shall then prepare an assessment roll in the manner provided for law. Such an assessment may, at the discretion of the township board, be paid in one or more, but not to exceed ten annual installments.

(Ord. of 7-16-1992, § 3.06; Ord. of 3-11-2010, § 3.06)