(a)

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

(1)

It is recognized that there exists within the districts established by this chapter and subsequent amendments, lots, structures and uses of land and structures 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.

(2)

Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this section that nonconformities shall not be enlarged upon, expanded or extended, not be used as grounds for adding other structures or uses prohibited elsewhere in the same district. A nonconforming use of structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of the ordinance from which this chapter is derived by attachment on a building or premises of additional signs intended to be seen off the premises, or by the addition of other uses of a nature which would be prohibited generally in the district involved.

(3)

To avoid undue hardship, nothing in this section shall be deemed to require a change in the plans, construction or designated use of any building on which actual 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. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner.

(b)

Nonconforming uses of land. Where, at the effective date of adoption or amendment of the ordinance from which this chapter is derived, lawful use of land exists that is 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)

No such nonconforming use shall be enlarged or increased or extended to occupy a greater area of land than was occupied at said effective date.

(2)

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 said effective date.

(3)

If such nonconforming use of land ceases for any reason for a period of more than 180 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

(c)

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

(1)

The expansion of any such structure must be compliant with the bulk, density, and area requirements in section 40-572 of this chapter; such structures may not be enlarged or altered in a way which increases their nonconformity.

(2)

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

(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.

(d)

Nonconforming uses of structures and land. If a lawful use of a structure, or of structure 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, such use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

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)

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)

If no structural alterations are made, any nonconforming use of a structure, or structure and premises, may be changed to another nonconforming use provided that the zoning board of appeals, either by general rule or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district than the existing nonconforming use. In permitting such change, the zoning board of appeals may require appropriate conditions and safeguards in accordance with the purpose and intent of this chapter;

(4)

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

(5)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or ceases to exist for six consecutive months or for 12 months during any three-year period, or otherwise sooner abandoned, the structure, or structure and premises in combination, 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;

(6)

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.

(e)

Repairs and maintenance. 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 assessed value of the building, 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. Nothing in this chapter 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 such official.

(f)

Uses under exception provisions not nonconforming uses. Any use for which a special exception is permitted as provided in this section shall not be deemed a nonconforming use, but shall without further action be deemed a conforming use in such district.

(g)

Change of tenancy or ownership. There may be a change of tenancy, 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.

(h)

Nonconforming lots of record. When the owner of a nonconforming lot of record does not own and cannot reasonably acquire sufficient abutting land to enable him to conform to the requirements of this chapter relating to minimum lot area, minimum lot width, or both, such lots of record may be used by such owner as building sites provided that all other requirements of this chapter are met for the district the lot is located in. This provision does not apply for lots that do not meet a minimum lot size or lot width established as a condition of a special land use approval.

For lots with residential uses, not more than one dwelling unit shall occupy any lot except in conformity with the provisions of this chapter for the required lot area of each dwelling unit.

(Ord. No. 26, § 16.01, 9-13-1990; Ord. No. 2023(1), § 3, 7-13-2023; Ord. No. 2023(2), § 1, 8-10-2023)

State Law reference— Nonconforming uses or structures, MCL 125.3208.

Where a lot is classified as a lawful, pre-existing nonconforming use and said lot cannot be developed for a proposed use by application of the setback requirements of section 40-572, a variance may be granted in accordance with this section.

(1)

As used in this section "official" shall mean the township zoning official or his/her designee.

(2)

The official may grant a variance and allow the reduced setbacks as allowed below provided he/she finds all the following:

a.

A lot cannot be reasonably developed for a proposed use with strict compliance with the setback requirements of section 40-572.

b.

A practical difficulty exists that was not created by the owner of the lot.

c.

The variance granted is the minimum necessary for a reasonable use.

(3)

The following shall apply to any reduced setbacks allowed by this section:

a.

The side yard setbacks may be reduced by the same percentage ratio as is determined by dividing the actual lot width of the lot by the required lot width for the applicable district. The minimum side yard setbacks permitted under this section shall be at least five feet with one side being at least ten feet. The minimum ten-foot side yard setback pursuant to this section shall be unobstructed for the purpose of service vehicle and emergency access.

b.

The front and rear yard setbacks may be reduced for structures. The greater of the following two calculations shall determine the setback for a nonconforming lot, subject to the conditions listed in subsection (3)b.3.

1.

Calculation 1. Seventy percent of the required front or rear setback.

2.

Calculation 2. The average distance between either the lot line and the building line, or the lot line and the required setback, whichever is less, of the three lots on either side of the subject lot. If any of the lots used to calculate the average are vacant, that lot shall be deemed to have the minimum setback required by section 40-572.

3.

Conditions for final required setback.

(i)

In all cases the minimum front yard setback shall be 25 feet.

Structures on lots or parcels which abut a water body shall meet the minimum ordinary high-water mark setback contained in section 40-639.

(4)

The decision of the official may be appealed to the zoning board of appeals.

(Ord. No. 2018(6), § 1, 8-9-2018; Ord. No. 2023(1), § 4, 7-13-2023)