[1]
Cross reference: Buildings and building regulations, ch. 14.
State law reference: Nonconforming uses, MCL 125.286.
[Code 1974, § 83-6.1]
(a) 
It is recognized that there exists within the districts established by this chapter and subsequent amendments uses of land, structures, and uses of land and structures together which were lawful before this chapter was passed or amended which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments, herein referred to as nonconformities.
(b) 
It is the intent of this chapter to permit legal nonconforming lots, structures, or uses to continue until they are removed or abandoned but not to encourage their continuance.
(c) 
Such nonconformities are declared by this chapter to be incompatible with permitted uses in the districts involved. The regulations in this division are designed to ensure that such nonconformities are properly regulated so as to minimize disharmony with the uses and structures in conformance with this chapter. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, except as set forth herein, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
(d) 
To avoid undue hardship, nothing in this chapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begun in reliance upon a validly issued building permit prior to the effective date of adoption or amendment of this chapter 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.
[Code 1974, § 83-6.2]
Where, at the effective date of adoption or amendment of this chapter, a formerly lawful use of land exists that is prohibited 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 nonconforming use of land shall be enlarged or increased or extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
(2) 
No such nonconforming use of land shall be moved in whole or in part to any other portion of the lot or parcel occupied by such use at the effective date of adoption or amendment of this chapter.
(3) 
A nonconforming use of land shall not be extended or enlarged after passage of this chapter by addition of other uses that are not permitted in the district involved.
(4) 
If a nonconforming use of land ceases for any reason for a period of three consecutive months, or for nine months during any three-year period, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.
[Code 1974, § 83-6.3]
Where a lawful structure exists at the effective date of adoption or amendment of this chapter that would be prohibited under the terms of this chapter, as adopted or amended, by reason of restrictions on building area, lot coverage, height, yards, or other characteristics 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) 
Nonconforming single-family structures may be altered, expanded, or modernized without prior approval of the Zoning Board of Appeals; provided, that such structural alteration or extension shall not increase the extent of the nonconformity and shall satisfy all other applicable site development regulations.
(2) 
Nonconforming structures, other than single-family structures, may be altered, expanded, or modernized without prior approval of the Zoning Board of Appeals; provided, that structural alterations or extensions shall not increase the area, height, bulk, use, or extent of the structure and shall satisfy all other applicable site development regulations.
(3) 
If a nonconforming structure is destroyed by any means to an extent of more than 50% of its replacement costs, exclusive of the foundation, it may be reconstructed only in conformity with the provisions of this chapter. The estimated cost of reconstruction shall be determined by a Chief Building Inspector. Persons aggrieved by the determination of estimated replacement cost by the Chief Building Inspector may appeal such determination to the Zoning Board of Appeals.
(4) 
If a nonconforming structure is 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.
[Code 1974, § 83-6.4]
If a lawful use of a structure or structure and land in combination exists at the effective date of adoption or amendment of this chapter that would be prohibited in the district under the terms of this chapter, as adopted or amended, the formerly lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:
(1) 
No existing structure devoted to a nonconforming use may be enlarged, extended, constructed, reconstructed, moved, or structurally altered unless the use of the structure is changed to a use permitted in the district in which it is located.
(2) 
The portion of a structure occupied by a nonconforming use shall not be increased, expanded, or enlarged, nor shall any additional nonconforming uses be added to the existing nonconforming use.
(3) 
If no structural alterations are made, a nonconforming use of a structure or structure and land in combination may be changed to another nonconforming use; provided, that the Zoning Board of Appeals finds 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 conditions and safeguards in accordance with the purpose and intent of this chapter. Where a nonconforming use of a structure or structure and land in combination is hereafter changed to a more conforming use, it shall not thereafter be changed to a less conforming use.
(4) 
If a structure or structure and land in combination formerly devoted to a nonconforming use is changed to a permitted use, it 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 land in combination is discontinued or ceases to exist for three consecutive months, or for nine months during any three-year period, the structure or structure and land in combination shall not thereafter be used except in conformance with the regulations of the district in which it is located. When a seasonal nonconforming use of a structure or structure and land in combination is discontinued or ceases to exist for two consecutive seasons, the structure or structure and land in combination shall not be used except in conformance with the regulations of the district in which it is located.
(6) 
If a structure or structure and land in combination devoted to a nonconforming use is removed or destroyed the nonconforming use shall not be reestablished and the land shall be used in conformance with this chapter.
[Code 1974, § 83-6.5]
(a) 
Any building devoted in whole or in part to any nonconforming use may be repaired to correct deterioration or wear or by replacement of nonbearing walls, fixtures, wiring, or plumbing to an extent not exceeding 50% of the assessed value of the building; provided, that the area, height, bulk, use, or extent of the building as it existed at the time of passage or amendment of this chapter shall not be increased.
(b) 
Nothing in this chapter shall be deemed to prevent the strengthening or restoring to a safe condition any building or part of any building declared to be unsafe by an official charged with protecting the public safety.
[Code 1974, § 83-6.6]
The tenancy, ownership, or management of any legally existing nonconforming use of a structure, land, or structure and land in combination may change without altering the status of the nonconforming use.
[Ord. No. 2007-12, 10-28-2007]
The Township may acquire private property or an interest in private property by purchase, condemnation or otherwise for the removal of nonconforming uses in accordance with the Michigan Zoning Enabling Act PA 110 of 2006 (MCL § 125.3101 et seq.).
[Code 1974, § 83-6.8]
Any landowner or interested person claiming a lawful nonconforming use must prove through clear and convincing evidence that the claimed nonconforming use lawfully existed prior to the adoption or amendment of this chapter. Otherwise, such uses are unlawful uses and shall be immediately discontinued.