Certain existing lots, structures and uses of lots and structures were lawful before this chapter was adopted, but have become nonconformities under the terms of this chapter and its amendments. It is the intent of this chapter to permit such nonconformities to remain until they are discontinued or removed, but not to encourage their survival or, where discontinuance or removal is not feasible, to gradually upgrade such nonconformities to conforming status. Nonconformities shall not be enlarged, expanded, or extended, except as provided herein, and shall not be used as grounds for adding other structures and uses of lots and structures which are prohibited. Nonconformities are declared by this chapter to be incompatible with the structure and uses permitted in the various districts.

(Comp. Ords. 1994, § 15.841; Ord. No. 1, § 57.01, 8-19-1974; Ord. of 5-15-1980)

(a)

A principal structure and customary accessory structures may be erected on any single lot of record at the effective date of adoption or amendment of this chapter, notwithstanding limitations imposed by other provisions of this chapter. Such lot must be in separate ownership and not of continuous frontage with other lots in the same ownership. 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 yard dimensions and requirement other than those applying to area or width, or both, of the lot shall conform to the regulations for the district in which such lot is located. Variance of yard requirements shall be obtained only through action of the zoning board of appeals.

(b)

If two or more lots or combinations of lots and portions of lots are contiguous and are in single ownership and are of record at the time of adoption or amendment of this chapter, and if all or part of the lots do not meet the requirements established for lot width and area, the lands involved shall be considered to be an individual parcel for the purposes of this chapter, and no portion of said parcel shall be used or sold in a manner which diminishes compliance with lot width and area requirements established by this chapter, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this chapter.

(Comp. Ords. 1994, § 15.842; Ord. No. 1, § 57.02, 8-19-1974; Ord. of 5-15-1980)

A nonconforming use of a lot may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

The nonconforming use shall not be enlarged, expanded, or extended to occupy a greater area of land than was occupied on the effective date of adoption or amendment of this chapter and no accessory use, building or structure shall be established therewith.

(2)

The nonconforming use shall not be moved in whole or in part to any other portion of the lot which was not so occupied on the effective date of adoption or amendment of this chapter.

(3)

If the nonconforming use ceases for any reason for a period of more than 365 consecutive days, such use shall not be re-established. Subsequent use of the lot shall conform to the regulations of the district in which it is located.

(Comp. Ords. 1994, § 15.843; Ord. No. 1, § 57.03, 8-19-1974; Ord. of 5-15-1980)

(a)

A nonconforming structure shall be a structure which was lawful on the effective date of adoption or amendment of this chapter and which does not conform to the new chapter regulations for lot area, lot area per dwelling unit, lot width, lot coverage, floor area ratio, height, transition and landscape strips, off-street parking, loading space, and yard requirements of the zoning district in which it is located.

(b)

A nonconforming structure may continue after the effective date of adoption or amendment of this chapter. A nonconforming structure which is damaged by any means to an extent of more than 50 percent of its replacement cost shall not be reconstructed except in conformity with the provisions of the district in which it is located, unless the subject lot is a nonconforming lot of record, in which case no matter the cost of the replacement the nonconforming structure may be reconstructed as long as no new nonconformities are created. Any structure which is damaged to an extent of 50 percent or less of its replacement cost may be replaced in its location existing prior to such damage, provided such replacement is commenced within three years of the date of damage and is diligently pursued to completion. Failure to complete replacement shall result in the loss of legal, nonconforming status.

(c)

A nonconforming structure which is moved within a site or to another site shall thereafter conform, after it is moved, to the regulations of the district in which it is located.

(d)

Expansion. Nonconforming structures may be expanded in compliance with the following regulations:

(1)

Nonconforming buildings used in farm operations may be expanded if approved by the township zoning inspector subject to the following requirements:

a.

Farming shall be a permitted use and the intended use of the structure shall be a permitted use in the district in which it is located.

b.

The expansion shall meet all requirements of the zoning district in which it is located. The existing structure and the expansion shall not exceed the ground floor coverage or floor area ratio limits of the district in which they are located.

(2)

A single-family detached residential dwelling unit and accessory buildings may be expanded if approved by the zoning inspector, subject to the following requirements:

a.

The single-family residence shall be a permitted use in the district in which it is located.

b.

The expansion shall meet all yard requirements of the zoning district in which it is located.

(3)

All other nonconforming structures, in any zoning districts, may be expanded only after approval by the zoning board of appeals, as provided in section 30-845.

(e)

A nonconforming structure may be altered to decrease its nonconformity.

(Comp. Ords. 1994, § 15.844; Ord. No. 1, § 57.04, 8-19-1974; Ord. of 5-15-1980; Ord. No. 24-02, § 1, 6-12-2024; Ord. No. 24-03, § 1, 6-12-2024)

A nonconforming use may be continued subject to the following provisions:

(1)

In commercial and industrial districts, a nonconforming residential use may expand to occupy the floor area necessary for living purposes, provided no increase in the number of families residing therein results, and subject to the zoning board of appeals' approval.

(2)

A nonconforming use in any zoning district may expand into a part of the building originally designed and constructed for such use after approval by the zoning board of appeals, provided that no structural alterations are made, the floor area of the building is not increased and such use shall not be extended to occupy any land outside such building.

(3)

An existing structure containing a nonconforming use shall not be enlarged, constructed, reconstructed, moved or structurally altered or extended, unless the use is changed to a use which is permitted in the district in which the structure is located.

(4)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued for more than one year, the building or structure shall not thereafter be used except in conformance with regulations of the district in which it is located.

(5)

Any structure, or structure and lot in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations of the district in which it is located and the nonconforming use may not thereafter be resumed.

(Comp. Ords. 1994, § 15.845; Ord. No. 1, § 57.05, 8-19-1974; Ord. of 5-15-1980)

Except as provided in sections 30-841 and 30-842, alteration or repair work may be done on a nonconforming structure containing a nonconforming use in any period of 12 consecutive months to an extent not to exceed ten percent of the replacement cost of the nonconforming structure at the time of the repair, provided that the floor area or volume of such building, or the number of families housed therein, or the dimensions, height, or number of stories of such structure as it existed on the date of adoption or amendment of this chapter shall not be increased. No other alterations or repairs shall be permitted unless the structure or use is made to conform to all requirements of this chapter. A nonconforming structure or portion thereof, or a structure or portion thereof which contains a nonconforming use and which has structurally deteriorated to an extent that it has been condemned by a duly authorized official, and the cost of repair to meet standards for occupancy exceeds 50 percent of the structure's replacement cost, shall not thereafter be restored, repaired or rebuilt except in conformity with the regulations of the district in which it is located.

(Comp. Ords. 1994, § 15.846; Ord. No. 1, § 57.06, 8-19-1974; Ord. of 5-15-1980)

There may be a change of tenancy, ownership or management of an existing nonconformity.

(Comp. Ords. 1994, § 15.847; Ord. No. 1, § 57.07, 8-19-1974; Ord. of 5-15-1980)

(a)

Where the zoning board of appeals is required to determine whether a nonconforming structure may be enlarged, expanded, or extended, the following provisions shall apply:

(1)

The reasons for a nonconformity shall be limited to minimum lot area, lot width, required yards, off-street loading and parking requirements, and transition or landscape strip requirements. In no case shall a structure that is nonconforming because of lot coverage, floor area ratio, lot area per dwelling unit, or height requirements be permitted to expand without removing the nonconformity, except as permitted under a variance.

(2)

The existing and proposed uses of such buildings and structures shall be permitted in the district in which they are situated.

(3)

The proposed improvement shall conform to all requirements of the district in which it is situated.

(4)

The board of appeals shall determine the following in approving a request:

a.

That the retention of the nonconforming structure is reasonably necessary for the proposed improvement or that requiring removal of such structure would cause undue hardship;

b.

That the proposed enlarged or otherwise improved nonconforming structure will not adversely affect the public health, safety and welfare; and

c.

That the proposed improvement is reasonably necessary for continuation of the use on the lot.

(5)

The board of appeals shall have authority to require modification of the nonconformity, where such requirement is reasonable, as a condition for approval. The board of appeals may attach other conditions for its approval which it deems necessary to protect the public health, safety, and welfare.

(6)

All expansions permitted under this section shall meet all requirements of article II, division 2 of this chapter, if a site plan is required. The site plan may be a final site plan and shall be first reviewed by the planning commission. Upon completion of its review, the planning commission shall transmit the site plan and a summary of its review to the zoning board of appeals. The board of appeals shall then act upon the request and return the site plan and the board's findings on the request to the planning commission for its action on the site plan.

(b)

A structure which does not conform to zoning chapter regulations shall not be substituted for, or replace, any conforming or nonconforming structure.

(c)

A nonconforming use of a structure may be substituted for another nonconforming use upon permission of the board of appeals, provided that no structural alterations are made, and provided further, the board of appeals finds that such other nonconforming use is more appropriate than the existing nonconforming use in the district in which it is located. The board of appeals may require appropriate conditions and safeguards in accordance with the intent of this chapter. A nonconforming use, when superseded by a more appropriate use as provided in this subsection, shall not thereafter be resumed.

(Comp. Ords. 1994, § 15.848; Ord. No. 1, § 57.08, 8-19-1974; Ord. of 5-15-1980)

The township may acquire private property or an interest in private property to remove a nonconformity, as provided in Public Act No. 110 of 2006 (MCL 125.3101 et seq.).

(Comp. Ords. 1994, § 15.849; Ord. No. 1, § 57.09, 8-19-1974; Ord. of 5-15-1980)

(a)

A nonconforming extraction operation may be extended subject to the following provisions:

(1)

Extraction may be extended within the proxy based upon the property lines of record at the time this chapter was adopted or amended, provided, however, that such extension shall not cross a public road.

(2)

All extensions to be commenced following the effective date of adoption or amendment of this chapter shall first comply with all provisions of this section and section 30-797.

(3)

Any extension of operations shall not exceed the depth of extraction existing at the effective date of adoption or amendment of this chapter, unless extraction to a greater depth is specifically approved by the township planning commission. An increase in the depth of extraction shall not adversely affect the water table level in the vicinity, shall not result in pollution of subsurface water or otherwise affect water supplies in the vicinity; and shall not create unstable soil conditions, health or safety hazards.

(4)

Plans for the extension of operations and restoration of the site shall be filed with the township planning commission.

(b)

If a nonconforming extraction operation ceases for a period of two or more consecutive calendar years, the extraction operation shall not be resumed and the subsequent use of the lot shall thereafter conform to the regulations of the district in which it is located.

(c)

The equipment and processes of a nonconforming extraction operation may be upgraded periodically in order to maintain the operation in a modern condition and in order to meet contemporary environmental and pollution control standards. Such changes shall be permitted, even if they will result in an increase in production, provided the following conditions are met:

(1)

The changes in equipment and processes shall not have the effect of changing the nature or character of the operation into a use prohibited in the district in which it is located.

(2)

The noise, dust, odors, and other objectionable attributes of the operation shall not be increased beyond the levels existing at the effective date of the ordinance from which this chapter is derived or of any amendment of this chapter.

(3)

The owner of the extraction operation shall notify the township planning commission in writing of each change prior to the installation of such change.

(4)

Building permits for any structure shall be obtained prior to installation or construction.

(Comp. Ords. 1994, § 15.850; Ord. No. 1, § 57.10, 8-19-1974; Ord. of 5-15-1980)