1.

Within the districts established by this ordinance or by amendment, there may exist lots, structures, uses of land and structures, and characteristics of use that were lawful before this ordinance was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this ordinance or amendment. It is the intent of this ordinance to permit these nonconformities to continue until they are removed, but not to encourage their survival.

2.

It is further recognized that certain nonconforming uses and structures do not negatively affect the value of nearby properties and are not contrary to the public health, safety, and welfare and that such use or structure was lawful at the time of its inception and that no useful purpose would be served by the strict application of requirements for nonconformities under this ordinance. Therefore, two classes of nonconforming uses and structures are designated: class A and class B.

(Ord. of 3-21-2005, § 2600)

Class A nonconforming uses or structures may be designated by the zoning board of appeals after a public hearing and after finding that the following conditions exist with respect to the use or structure:

1.

The use or structure was lawful at its inception;

2.

Continuance of the use or structure would not negatively affect nearby property values;

3.

Continuance of the use or structure would not be contrary to the public health, safety, or welfare or the spirit of this ordinance;

4.

No useful purpose would be served by strict application of the provisions of this ordinance with which the use or structure does not conform; and

5.

An improvement to an existing nonconforming use or structure will result.

(Ord. of 3-21-2005, § 2605)

1.

Conditions. The decision to grant a class A designation shall be made in writing setting forth the findings and reasons on which it is based. Conditions may be imposed, including time limits, to ensure that the use or structure does not become contrary to the public health, safety or welfare or the spirit and purpose of this ordinance and further to ensure that at least the following standards are met:

a.

Screening and landscaping may be required to improve compatibility with adjacent uses.

b.

Conditions may be imposed so that the negative impacts of lighting, noise, sight or other features will be minimized.

c.

Where such use is in close proximity to homes, parking should not be permitted to utilize curbside parking to an extent greater than the immediate property frontage of the nonconforming use.

d.

New signage shall meet zoning district requirements. Existing nonconforming signs shall be eliminated or reduced in size and number as the zoning board of appeals may determine.

e.

The exterior building materials utilized in any alterations to a building shall be of materials that are harmonious with those on the site and on abutting properties, wherever practical.

f.

Enlargement of a building may be allowed provided such enlargement does not create a more nonconforming setback condition which would negatively impact conforming properties in the immediate vicinity.

g.

The zoning board of appeals may require such other safeguards and improvements as it may deem necessary to protect conforming uses in the surrounding area.

2.

Temporary designations.

a.

Once the zoning board of appeals has conducted a hearing and has designated a nonconforming use or structure to the person requesting the designation, said class A designation shall be deemed temporary until the zoning board of appeals has received written verification from the zoning administrator that the person requesting the class A designation has complied with all conditions set forth by the zoning board of appeals.

b.

Once the zoning board of appeals has received written verification from the zoning administration that the person requesting the class A designation has complied with said conditions, the class A designation shall become final, subject to other provisions of this ordinance as hereinafter prescribed.

c.

No class A nonconforming use or structure shall be resumed if it has been discontinued for six consecutive months or 18 months in any three-year period. No class A nonconforming use or structure shall be used, altered or enlarged in violation of any condition imposed to its designation.

d.

No temporary class A nonconforming use or structure which has not met with all the conditions set forth by the zoning board of appeals within six months from the date the nonconforming use or structure received a temporary class A designation, shall receive final approval unless a request for extension of time in which to fulfill the conditions set forth by the zoning board of appeals is submitted in writing to the zoning board of appeals along with sufficient reasons as to why the temporary class A designation should be extended. Upon a showing of good cause, the zoning board of appeals may extend the temporary class A designation for the nonconforming use or structure for up to six months.

(Ord. of 3-21-2005, § 2610)

Any class A designation shall be revoked upon a finding that the use or structure no longer qualifies for class A designation because of any changes to conditions or circumstances. The same procedures required for designation shall be followed, including a public hearing.

(Ord. of 3-21-2005, § 2615)

All nonconforming uses or structures, not designated class A, shall be class B nonconforming uses or structures. Class B nonconforming uses or structures shall comply with all the provisions of this ordinance relative to nonconforming uses or structures.

(Ord. of 3-21-2005, § 2620)

1.

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this ordinance, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this ordinance. 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, setbacks and other requirements not involving area or width of the lot shall conform the regulations for the district in which such lot is located.

2.

If two or more lots, or a combination of lots and portions of lots, with a continuous frontage and single ownership are of record at the effective date of adoption or amendment of this section, or at any time thereafter; and if all or part of the lots do not meet the requirements for lot area or width as established by this ordinance, the lands involved shall be considered an undivided parcel or zoning lot for the purpose of this ordinance, and no portion of such undivided parcel or zoning lot shall be used or occupied which does not meet lot area or width requirements established by this ordinance, nor shall any division of the parcel or zoning lot be made which leaves remaining any lot with area or width below the requirements stated in this ordinance.

(Ord. of 3-21-2005, § 2625)

Where, at the effective date of adoption or amendment of this ordinance, a lawful use of land exists that would not be permitted by the regulations imposed by this ordinance and where the uses involves individual structures, the use may be continued so long as it remains otherwise lawful, subject to the following provisions.

1.

No nonconforming use shall be enlarged or increased nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this ordinance, except in bringing the land parcel into compliance with federal ADA requirements.

2.

No nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by the use at the effective date of adoption or amendment of this ordinance.

3.

If any nonconforming use of land ceases for any reason for a period of more than 12 months, any subsequent use of the land shall conform with the regulations specified by this ordinance for the district in which the land is located.

(Ord. of 3-21-2005, § 2630)

Where a lawful structure exists or is lawfully under construction 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 restriction on area, height, yards, location on the lot or other requirements concerning the structure, the structure may be continued so long as it remains otherwise lawful subject to the following provisions.

1.

No nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be enlarged or altered in a way that does not increase its nonconformity.

2.

Any nonconforming structure which has been damaged or destroyed by any means to an extent of more than 50 percent of its market value as determined by the township assessor at the time of damage or destruction, exclusive of the foundation, it shall be reconstructed only in conformity with the provisions of this ordinance.

3.

Any nonconforming structure can be brought into federal ADA compliance at any time, and all work to alter the structure to bring it into conformance shall begin with ADA compliance.

4.

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

(Ord. of 3-21-2005, § 2635)

If a lawful use involving individual structures or 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, the lawful use may be continued as long as it remains otherwise lawful, subject to the following provisions.

1.

No existing structure devoted to a use not permitted by this ordinance 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 the use at the time of adoption or amendment of this ordinance, but no use shall be extended to occupy any land outside the building.

3.

Any structure, or structure and land in combination, in or on which a nonconforming use is changed to a permitted use, shall thereafter conform to the regulations for the district, and the nonconforming use may not thereafter be resumed.

4.

When a nonconforming use of a structure or structure and land in combination is discontinued or abandoned for 12 consecutive months or for 18 months during any three-year period (except when government action impedes access to the premises or if it is a seasonal-type use), the structure, and land in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located.

5.

When 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. Destruction for the purpose of this article is defined as damage to an extent of more than 50 percent of the market value as determined by the township assessor at the time of destruction.

6.

The use of a nonconforming building may be changed to another nonconforming use if the zoning board of appeals finds that the new use would markedly decrease the degree of nonconformance and would enhance the value and desirability of adjacent conforming uses.

(Ord. of 3-21-2005, § 2640)

1.

During any consecutive 12-month period, the extent of repair or replacement shall not exceed 25 percent of the market value as determined by the township assessor of the nonconforming structure.

2.

The cubic content or size of the structure shall not be increased.

3.

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

4.

There may be a change of tenancy, ownership or management of any existing nonconforming uses of land or structure or of structures and land in combination. A change of ownership between persons does not remove the nonconformity nor extend time limits.

(Ord. of 3-21-2005, § 2645)

1.

Removal of status.

a.

Any nonconforming structure or land may be made conforming by appropriate action or modifications which cause the structure or land to fulfill the requirements of the district in which it is located.

b.

In case of a nonconforming use which is a use designated as a special land use by this ordinance, the nonconforming status may be removed upon issuance of a special land use permit after the appropriate action has been taken in accordance with the provisions of this section. It shall be the responsibility of the person requesting the special land use permit to initiate the request.

2.

Uses not nonconforming uses. Any use approved as a special land use or exception as provided in this ordinance shall not be deemed a nonconforming use, but shall, without further action, be deemed a conforming use.

(Ord. of 3-21-2005, § 2650)

The township may acquire by purchase, condemnation, or otherwise, private property for the removal of nonconforming uses and structures. The township board may in its discretion provide that the cost and expense of acquiring the private property be paid from general funds, or the cost and expense or any portion thereof may be assessed to a special district. The elimination of any nonconforming uses and structures in a zoned district as herein provided is hereby declared to be for a public purpose and for a public use. The township board shall have authority to institute and prosecute proceedings for the condemnation of nonconforming uses and structures under the power of eminent domain in accordance with the laws of the state or township relative to condemnation.

(Ord. of 3-21-2005, § 2655)