The lawful use of a dwelling, building or structure and of land or a premise as existing and lawful at the time of enactment of this ordinance, or amendment to this ordinance, there at the time of the amendment, may be continued although the use does not conform with the ordinance or amendment. It is the intent of this ordinance to permit these nonconformities to continue until they are removed or abandoned, but not to encourage their survival, except as provided herein. Any non-conforming use, building or structure which cannot be proved conclusively to have been lawfully existing prior to the enactment or amendment of this ordinance shall be declared illegal or unlawful and shall be discontinued.

To avoid undue hardship, nothing in this ordinance shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun or for which a contract or contracts have been entered into pursuant to a building permit issued prior to the effective date of adoption or amendment of this ordinance. Such construction or improvements shall be regulated as specified in section 2.02 vested right (structures under construction) of this ordinance.

Generally, nonconforming uses are declared by this ordinance to be incompatible with permitted uses in the district involved. Increasing awareness that some nonconforming uses will not disappear make it necessary and desirable, in pursuit of the public interest, to distinguish between nonconforming uses which should be eliminated as rapidly as possible and nonconforming uses which may be given separate treatment.

To this end, there are established two classes of nonconforming uses: (1) Class A, those that could be restored, reconstructed or have substituted nonconforming uses; and (2) Class B, those that are not desirable and useful and will only be allowed to be continued until they are removed or voluntarily discontinued.

A nonconforming use shall not be permitted to continue in existence if it was unlawful at the time of its inception. A nonconforming use 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, irrespective of its classification.

All nonconforming uses shall be classified as class B nonconforming uses at adoption of this ordinance. The planning commission, township board, building department [planning and zoning coordinator], or any person with a property interest may submit an application for designation of a dwelling, building, structure, land or premises as a class A nonconforming use. The planning commission shall have the sole authority to designate a nonconforming use as a class A nonconforming use, upon finding that all of the following conditions are met: (1) continuance thereof would not be contrary to the public health, safety or welfare, or the spirit and intent of this ordinance; (2) the use does not, and is not likely to, significantly depress the value of nearby properties; (3) the use was lawful at the time of its inception; and (4) no useful purpose would be served by strict application of the provisions or requirements of this ordinance with which the use does not conform.

(Ord. No. 212.85, 3-15-2011)

A written application shall be filed with the planning coordinator setting forth the name and address of the applicant, giving a legal description of the property to which the application pertains, and including such other information as may be necessary to enable the planning commission to make a determination concerning the matter. This information may include descriptive matter, drawings and photographs. Upon receipt of an application for class A nonconforming status, the planning commission shall consider the application at a regular meeting. Copies of the meeting agenda shall be sent to all abutting property owners.

The planning commission may attach conditions, including a time limit, where necessary, to assure that the use and its buildings or structures do not become contrary to the public health, safety or welfare, or the spirit and purpose of the classification.

(Ord. No. 212.71, 9-3-2007; Ord. No. 212.85, 3-15-2011)

Any class A designation shall be revoked, following the same procedure required for designation, upon a finding that, as a result of a change of conditions or circumstances, the use or structure no longer qualifies for class A designation.

1.

A class A use may be used, altered or enlarged, provided that it does not violate any condition imposed by the planning commission established at the time of its designation. To be enlarged, the planning commission must have specifically addressed and established the limits of such enlargement at the time of approval of the designation.

2.

A class A nonconforming use shall be permitted to be restored and continued as it existed at the time of its impairment if it has been destroyed by fire, explosion, act of God, or act of the public enemy subsequent to the effective date of its class "A" designation, provided that said use restoration is completed within 12 months from the time of destruction and that the same use is made of the premises. The building director may, for reasonable cause, grant one extension of time for an additional period not exceeding 90 days.

3.

Where a class A nonconforming use occupies a building and/or structure and land in combination, removal of such building and/or structure shall eliminate the nonconforming status of the land.

4.

Any class A nonconforming use may be changed to another nonconforming use upon written findings of the planning commission that:

A.

The proposed use is similar in operational characteristics as the former nonconforming use:

B.

There is no increase in the intensity of the use of the land, building or structure involved;

C.

Such change in use will have a less detrimental effect or [less] negative impact on neighboring property than the existing nonconforming use it is replacing; and

D.

The proposed use, although inappropriate to a uniform zoning pattern, is desirable and useful in pursuit of the public interest or is more appropriate to the zoning district than the existing nonconforming use.

In permitting such a change in use, the planning commission may require appropriate conditions and safeguards in accord with the purpose and intent of this ordinance, inclusive of upgrading the premises to comply as nearly as is practicable with requirements of this ordinance.

The purpose of this section is to establish restrictions designed to eliminate class B nonconforming uses as rapidly as is permitted by law without payment of compensation.

1.

No class B nonconforming use shall be resumed if it has been changed to a conforming use for any period.

2.

No class B nonconforming use shall be enlarged or extended, nor shall the structure it occupies be repaired or reconstructed if damaged by fire or other casualty to the extent that the cost of reconstruction or repair exceeds 50 percent of the replacement cost of such structure.

3.

No class B nonconforming use shall be changed to a substantially different nonconforming use, nor enlarged or extended so as to make use of more land area than used at the time of becoming nonconforming.

4.

No class B nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use on the effective date of adoption or subsequent amendment to this ordinance.

Where a lawful structure or building exists at the effective date of adoption or amendment of this ordinance that could not be built under the terms of this ordinance by reason of restrictions on area, lot coverage, height, yards, type of structure, or other restrictions of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

1.

No such structure may be enlarged or altered in a way which increases its nonconformity. Such structures may be enlarged or altered in a way which does not increase its nonconformity, i.e., in conformance with the provisions of this ordinance.

2.

Should such structure or nonconforming portion of the structure be destroyed by any means to an extent of more than 50 percent of its replacement cost at a time of destruction, it shall not be reconstructed except in conformity with the provisions of this ordinance.

3.

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

4.

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

Nothing in this ordinance shall be deemed to prevent routine repairs and maintenance of a nonconforming building or structure so long as such repairs and maintenance do not add to its nonconformity.

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

1.

No existing structure and land devoted to a class B nonconforming use not permitted by this ordinance in the district in which it is located shall be intensified, enlarged, extended, constructed, reconstructed, moved or altered, except in changing the use of the structure and land to a use permitted in the district in which it is located.

2.

Any class A nonconforming use of structures and land may be extended throughout any parts of building which were manifestly arranged or designed for such use, and which existed at the time of adoption or amendment of this ordinance, but no such use shall be extended to occupy any land outside such building.

3.

Any nonconforming use of structure and land in combination, in or on which the nonconforming use is superseded, in whole or in part, by a permitted use shall thereafter conform to all regulations for the district in which such structure and land are located, and the nonconforming use may not thereafter be resumed.

After the adoption of this ordinance or any amendments thereto, the building director shall prepare a record of all known nonconforming uses, including uses of buildings and of land, existing at the time of such ordinance or amendment.

Such record shall contain the names and addresses of the owners of record of such nonconforming uses and of any occupant, other than the owner, the legal description of the land, and the nature and extent of use. Each owner and occupant shall be notified by certified mail, return-receipt requested, of the nonconforming character of the structures and uses thereof. Such list shall be available during regular business hours in the office of the building director for examination and shall constitute permanent records of the Charter Township of Shelby.

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

Any use for which a special land use approval is required in a specific zoning district as provided in this ordinance shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district, subject to all applicable special land use requirements if altered or enlarged.

Any lot which was of record at the time of the adoption of this ordinance that does not meet the requirements of this ordinance for lot width and depth and available space for yards may be utilized, provided the width and area and available open space for yards is not less than 662/3 percent of that required by the terms of this ordinance, excepting that vacant lots having in the aggregate a continuous frontage of 100 feet or more shall not be subject to this exception if equal to one or more conforming lots for the district in which they are located. The purpose of this provision is to permit utilization of recorded lots which lack adequate width or depth as long as reasonable living standards can be provided.

The township may acquire, by purchase, condemnation or otherwise, private property or an interest in private property for the removal of nonconforming 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 the township. The elimination of the nonconforming uses and structures in a zoning district is declared to be for a public purpose and for a public use. The township board may institute and prosecute proceedings for condemnation of nonconforming uses and structures under the power of eminent domain in accordance with Public Act No. 149 of 1911, as amended, being Sections 213.21 to 213.41 of the Michigan Compiled Laws or other applicable statute.

Appeals from decisions made under this article 15 of the ordinance may be taken to the township zoning board of appeals, as provided by Public Act No. 637 of 1978 (MCL 125.271 et seq., MSA 5.2963(1) et seq.).

Any class A or class B nonconforming use shall be considered abandoned, and such nonconforming use may not be resumed thereafter if any of the following conditions apply:

1.

When the owner declares or otherwise makes evident his intent to discontinue such use.

2.

When the nonconforming use has been replaced by a conforming use.

3.

Cessation of such non-conforming use for a period of one year.

4.

When the repair, rebuilding or reconstruction of a nonconforming use, rendered necessary by wear, tear, deterioration or depreciation, exceeds 30 percent of the insured value thereof if it be not insured, at the time such work is to be done.

5.

When a nonconforming use has been damaged by fire, collapse, explosion, storm, lightning, accident, war, other calamity or acts of God, to an extent exceeding 50 percent of the insured value thereof or insurable value thereof if same is not insured, immediately prior to such damage. If the cost of such restoration or rebuilding shall be equal to or greater than 50 percent of such value, then such use shall be made to conform with the applicable provisions of the zoning district established by this ordinance where same is located.